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CaeselynRonald

K1 Visa Denied ?? i need some help

By CaeselynRonald in Philippines

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Hank_ Grand Master

Hank_   9,174

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We have to file it ????

NO! In fact I suggest to not bother. Start over, get married, take the I-130 route, don't leave any information out on the petition this time. ;)

Hank

"Chance Favors The Prepared Mind"

 

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“LET’S GO BRANDON!”

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Hank_
Hank_

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 u

CappyLovesSag
CappyLovesSag

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

Hank_
Hank_

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 dr

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Tahoma Veteran

Tahoma   2,292

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The petition will be returned to the USCIS. It will be returned to the USCIS Service Center which originally adjudicated the petition.

The California Service Center (CSC) has been known to let petitions expire. If that's the case, then the couple will have to start over.

The Service Center may send the petioner a Notice of Intent to Revoke (NOIR), in which case the petitioner will have a period of time to respond. Then the USCIS will reajudicate the petition and, if it's reaffirmed, send it back to the Embassy where they will get another shot a approval. If the USCIS upholds the consular officer's recommendation to revoke the petition, you can appeal that decision. However, there is little chance of success.

If I were in the petitioner's shoes, I would file a new I-129F petition. Along with the new I-129F packet, I would include a letter withdrawing the old petition. Also, I would definitely respond to a NOIR, even if you petitioned again.

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Tahoma Veteran

Tahoma   2,292

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I forgot to add that the petitioner should include letters in his new K-1 petition packet withdrawing the seven-year-old petition as well as his current petition. Both petitions need to be withdrawn.

If you decide to get married and file a spousal petition, the petioner will still need to withdraw both of the previous petitions, and should respond to a NOIR.

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CaeselynRonald Contributor

CaeselynRonald   6

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NO! In fact I suggest to not bother. Start over, get married, take the I-130 route, don't leave any information out on the petition this time. ;)

The petition will be returned to the USCIS. It will be returned to the USCIS Service Center which originally adjudicated the petition.

The California Service Center (CSC) has been known to let petitions expire. If that's the case, then the couple will have to start over.

The Service Center may send the petioner a Notice of Intent to Revoke (NOIR), in which case the petitioner will have a period of time to respond. Then the USCIS will reajudicate the petition and, if it's reaffirmed, send it back to the Embassy where they will get another shot a approval. If the USCIS upholds the consular officer's recommendation to revoke the petition, you can appeal that decision. However, there is little chance of success.

If I were in the petitioner's shoes, I would file a new I-129F petition. Along with the new I-129F packet, I would include a letter withdrawing the old petition. Also, I would definitely respond to a NOIR, even if you petitioned again.

Thank you Tahoma ! Ill tell him .. my heart is really broken right now .. cant even think right, cant sleep, cant eat and cant work too much .. thank you for all the responce !

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Tahoma Veteran

Tahoma   2,292

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.. tell me what we can do ..

You could wait to hear from the USCIS. The USCIS may send the petitioner a Notice of Intent to Revoke (NOIR). The petitioner would have a period of time to respond to the NOIR. Then, the USCIS may uphold the consular officer's recommendation to revoke the petition, in which case the petitioner could appeal. Or, the USCIS could reaffirm the petition and send it back to the Embassy for reconsideration.

Alternatively, the petitioner could withdraw the petition and file a new I-129F petition.

Or, the petitioner could withdraw the petition and, if you get married, could file a spousal petition.

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CaeselynRonald Contributor

CaeselynRonald   6

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You could wait to hear from the USCIS. The USCIS may send the petitioner a Notice of Intent to Revoke (NOIR). The petitioner would have a period of time to respond to the NOIR. Then, the USCIS may uphold the consular officer's recommendation to revoke the petition, in which case the petitioner could appeal. Or, the USCIS could reaffirm the petition and send it back to the Embassy for reconsideration.

Alternatively, the petitioner could withdraw the petition and file a new I-129F petition.

Or, the petitioner could withdraw the petition and, if you get married, could file a spousal petition.

Do u think this one will work ???? Its really hard to be far from the one u love .. having a mixed emotion right now .. I love him so much .. and this thing is really hard .. Now i dont know what to do .. dont talk to him because of what i feel .. i know he didnt want this to happen .. all he want is for us to be together .. i feel like we become more far from each other and losing hope that we can still be together because of what happen .. im scared that theres no more chance for us to be together .. im scared that i might lose him ..

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cristina16 Proficient

cristina16   81

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Do u think this one will work ???? Its really hard to be far from the one u love .. having a mixed emotion right now .. I love him so much .. and this thing is really hard .. Now i dont know what to do .. dont talk to him because of what i feel .. i know he didnt want this to happen .. all he want is for us to be together .. i feel like we become more far from each other and losing hope that we can still be together because of what happen .. im scared that theres no more chance for us to be together .. im scared that i might lose him ..

No one want something like this to happen after going through the process and almost in the end, encounter this road block. The two of you need to discuss your options, talk to your fiance what advises you got here and ask him what he want to pursue. There is no fast route for your I-129F for now, you need to clear all previous filings. It will take time before you will hear anything form USCIS.

Get married and file for spousal visa. This I am sure will work.

Don't be scared, if your relationship is genuine you two can overcome this.

AOS/ AED/ AP:

(California Service Center, Chula Vista, San Diego, CA)

Filed: Aug 29

Receipt Date: Sept 2

NOA 1 Date: Sept 12 (received text/email)

NOA 1 copy rcvd: Sept 16

Biometrics Notice Date: Sept 17, received Sept 24

Biometrics Sched: Oct 5

Successful walk-in: Sept 26

Oct 13- Case ready to be scheduled for interview

EAD/AP approved - Nov. 1/2 / Received EAD/ AP Combo Card- Nov. 15

50days from NOA1/ 64 days from receipt date.

January 30-  USCIS Ap update, Interview sched on March 3, 2017

Jan 31 - received USCIS letter/ Notice for interview 

March 3- Interview, approved on the Spot

March 8 - received GC

Dec 2018 - To file ROC

 

My Blogs:

I-129F Petition Process

Medical Requirements

Medical Exam Experience

US Embassy Manila K1/K2 Interview Preparation Requirements and Instructions

Interview (K1 with 2 K2s)

CFO Guidance and Counseling (applicable to applicant from Philippines only)

My K1 Visa Journey

8 August 2015 - Sent I-129F Packet thru USPS

17 August 2015 - I -797C Notice date

20 August 2015 - Received printed copy of NOA1 dated Aug 17.

2 September 2015 - APPROVED! (14 working days from receipt date)

Dec. 21-22 - Medical DONE!

Jan 11, 2016 - Interview- APPROVED!

Jan 15 - Visa ISSUED!

Jan 21 - VISA ON HAND! (8 working days from interview)

March 21 - CFO / PDOS for K2s

June 1, 2016 - POE

July 18, 2016 - Married

I am his and he is mine from this day until the end of my days..

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Greenbaum Grand Master

Greenbaum   12,259

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CaeselynRonald, on 29 Oct 2015 - 04:20 AM, said:

Do u think this one will work ???? Its really hard to be far from the one u love .. having a mixed emotion right now .. I love him so much .. and this thing is really hard .. Now i dont know what to do .. dont talk to him because of what i feel .. i know he didnt want this to happen .. all he want is for us to be together .. i feel like we become more far from each other and losing hope that we can still be together because of what happen .. im scared that theres no more chance for us to be together .. im scared that i might lose him ..

As much as you need assurances, so does he. Don't shut him out. This is the time to embrace as a couple and approach the problem together. If you love him, you will forgive him for making a mistake. He needs you as much as you need him. You guys can do this. It's just going to take some more work to get it done.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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CaeselynRonald Contributor

CaeselynRonald   6

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Filed: K-1 Visa Country: Philippines
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As much as you need assurances, so does he. Don't shut him out. This is the time to embrace as a couple and approach the problem together. If you love him, you will forgive him for making a mistake. He needs you as much as you need him. You guys can do this. It's just going to take some more work to get it done.

Yeah u got a point Greenbaum ! Thank you !

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Tahoma Veteran

Tahoma   2,292

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Your petitioner could withdraw his petition and file a new K-1 petition today. If he did that, you could be flying to the U.S. six months from now.

Love will find a way!

Edited by Tahoma
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CaeselynRonald Contributor

CaeselynRonald   6

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Filed: K-1 Visa Country: Philippines
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Your petitioner could withdraw his petition and file a new K-1 petition today. If he did that, you could be flying to the U.S. six months from now.

Love will find a way!

Aaaaw ! Thank u for the help Tahoma :) i will tell him what u say .. but i have to know what the uscis tell him today .. he go to uscis field office today and asked what he can do .. but this one really help :) Thank you so muchhhh :)

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Hank_ Grand Master

Hank_   9,174

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Aaaaw ! Thank u for the help Tahoma :) i will tell him what u say .. but i have to know what the uscis tell him today .. he go to uscis field office today and asked what he can do .. but this one really help :) Thank you so muchhhh :)

USCIS won't tell him much, they won't give advice.. ever. I don't know that it really matters if you try to withdraw the petition or not at this point. Will be interesting.

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

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Tahoma Veteran

Tahoma   2,292

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...he go to uscis field office today and asked what he can do ..

Please let us know if your fiancé learns anything at the USCIS field office.

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