K1 Visa Denied ?? i need some help

[CaeselynRonald 6]

Hi just need some help and please give me idea .. Today is my interview and the CO says they cant issue a visa because of my fiance prior K1 petition to his ex girlfriend .. my fiance says its already 7 yrs ago and they stop in NOA2 and no more step because his ex girlfriend decide to stop the petition .. i get 212(a)(5)(A) from them .. tell me what we can do .. any one can help us ?? Thank u ! My heart feels really sad

[LionessDeon 2,060]

There has to be more to the story than that. A prior cancelled petition 7 years ago alone is not a reason for refusal. What else was said at your interview. What questions did they ask you?

Edited October 28, 2015 by LionessDeon

[CaeselynRonald 6]

There has to be more to the story than that. A prior cancelled petition 7 years ago alone is not a reason for refusal. What else was said at your interview. What questions did they ask you?

no he didnt cancel it .. he just stop and dont do anything .. thy only ask for my if my petitioner is my fiance

[CappyLovesSag 3]

OP is my friend, we both had interview today 10/28 and the CO gave her a piece of paper that says: "The petitioner failed to disclose on your form I-129F that he filed a prior K1 visa petition of (ex gf's name). USCIS was not aware of this when your petition was filed and approved."

[cristina16 81]

You K1 was denied outright? or they gave you instructions on how to proceed?

If your K1 was denied due to undisclosed previously filed K1, your case will be returned to USCIS. That will be a long wait from then on.

get spousal visa instead.

[Hank_ 9,174]

Hi just need some help and please give me idea .. Today is my interview and the CO says they cant issue a visa because of my fiance prior K1 petition to his ex girlfriend .. my fiance says its already 7 yrs ago and they stop in NOA2 and no more step because his ex girlfriend decide to stop the petition .. i get 212(a)(5)(A) from them .. tell me what we can do .. any one can help us ?? Thank u ! My heart feels really sad

no he didnt cancel it .. he just stop and dont do anything .. thy only ask for my if my petitioner is my fiance

Was the previous K-1 petition listed on the I-129F ?

OP is my friend, we both had interview today 10/28 and the CO gave her a piece of paper that says: "The petitioner failed to disclose on your form I-129F that he filed a prior K1 visa petition of (ex gf's name). USCIS was not aware of this when your petition was filed and approved."

Non-disclosure of material facts in the I-129F is grounds for denial. Thus the 212(a)(5)(A) . The final decision is left up to USCIS so until they stamp the petition denied (and they will) it is not "officially" denied.

[Penguin_ie 5,993]

Was the previous K1 mentioned in the current petition, or no?

Did you know about the previous K1 or not, before the interview?

[Hank_ 9,174]

wasn't listed on the I-129F

Edited October 28, 2015 by Hank_

[CaeselynRonald 6]

Was the previous K-1 petition listed on the I-129F ?

Non-disclosure of material facts in the I-129F is grounds for denial. Thus the 212(a)(5)(A) . The final decision is left up to USCIS so until they stamp the petition denied (and they will) it is not "officially" denied.

No he didnt .. because he thought its a long time ago .. and they stop it .. they stop before they got the NOA2 .. but bcos he didnt withdraw it they get NOA2 .. but dont have interview or fly to the US

[CaeselynRonald 6]

Was the previous K1 mentioned in the current petition, or no?

Did you know about the previous K1 or not, before the interview?

He didnt put it bcos he thinks its too long time ago and yes i know about it he told me he petition a girl before but they stop because the girl father get sick and she dont want to go to usa anymore ..

[Hank_ 9,174]

No matter what, it should have been listed on the I-129F.

Question 14 - Have you ever FILED....... doesn't matter if you withdrew, it was denied or whatever, key word is FILED. The second you drop a petition into the mail and it is received by USCIS... you FILED.

http://www.uscis.gov/sites/default/files/files/form/i-129f.pdf

[CaeselynRonald 6]

No matter what, it should have been listed on the I-129F.

Question 14 - Have you ever FILED....... doesn't matter if you withdrew, it was denied or whatever, key word is FILED. The second you drop a petition into the mail and it is received by USCIS... you FILED.

http://www.uscis.gov/sites/default/files/files/form/i-129f.pdf

Do u think we can still do anything about it ???

[Hank_ 9,174]

Do u think we can still do anything about it ???

In theory.. yes (but you will be wasting your money IMHO). You failed to disclose facts in the I-129F, that omission is groups for denial. Had you listed the previous petition there would have been no issues.

http://www.uscis.gov/i-601

[LionessDeon 2,060]

Why did USCIS approve it and send it onto the embassy stage? Seems like it should've been denied from the start.

[CaeselynRonald 6]

In theory.. yes (but you will be wasting your money IMHO). You failed to disclose facts in the I-129F, that omission is groups for denial. Had you listed the previous petition there would have been no issues.

http://www.uscis.gov/i-601

We have to file it ????