Denied K-1 visa for section 212 a1 A4

[LionessDeon 2,060]

There's two different types of denials, those that are actually denied/refused for a clear cut reason, and those that are refused with further consideration, usually asking for more documentation or proof. Denial and Refusal get thrown around a lot on VJ, it's helpful to know WHY the denial or refusal happened to understand what type of denial or refusal it is.

In this case of the original poster, it's a flat out denial and a year ban.

If your friend was refused and asked for more documents, then your friend was refused with further consideration, meaning, if he meets the conditions they ask for (sending in the paperwork to the consulate) then he could have been approved had he sent in the tax transcripts. Chances are, the consulate still has his file and hasn't realized it's expired, since you have a year to send in the documents they ask for. All you have to do in this case, is get the documents they ask for, and send it to the consulate the interview took place at. The instructions are pretty cut and dry.

You're either straight up denied, put on AP for further processing (usually more background checking), or put on AP due to a refusal with further consideration that can be met. Further consideration is if the consulate asks you for anything and hands you a 221g that states:

Section 221(g) which prohibits the issuance of a visa to anyone whose application does not comply with the provisions of the Immigration and Nationality Act or regulations issued pursuant thereto. The following remarks apply to your case:

Further Consideration will be given to your visa application after you obtain and present the documents following: <What ever documents they

ask for>

The remarks made in this post do not sound right at all. First, my fiancé is Jamaican and so is the OPs. My fiancé was given a one year ban for the same exact reason as the OPs. Our ceac status still states refused. It has never showed AP. It has never showed denied. I don't think the CO can deny...from everything I've read they can only refuse.

People use deny and refuse interchangeably but from what I've always read about K1s it's really a refusal.

OP - not sure what a congressman can do for you at this point. There are many of us waiting out the year ban. I'll be interested to see if it opens any doors for you.

Good Luck!

Edited January 11, 2016 by LionessDeon

[Ash.1101 1,756]

The remarks made in this post do not sound right at all. First, my fiancé is Jamaican and so is the OPs. My fiancé was given a one year ban for the same exact reason as the OPs. Our ceac status still states refused. It has never showed AP. It has never showed denied. I don't think the CO can deny...from everything I've read they can only refuse.

People use deny and refuse interchangeably but from what I've always read about K1s it's really a refusal.

OP - not sure what a congressman can do for you at this point. There are many of us waiting out the year ban. I'll be interested to see if it opens any doors for you.

Good Luck!

My post quoted the post I was responding too which was this:

I thought it was impossible to appeal a K1 denial. Actually this site is where i read that. Am i wrong as my friend has had his case sent back in July 2014 and still says AP?

they only wanted to see tax transcripts and his gf said she sent them to Texas.

they have updated his case in August 2015 and still says AP

Basically they were saying their friends case was sent back, but shows AP and they were asked to send in paperwork and even after a year it was showing AP. They were refused with further consideration, 221g with futher consideration box ticked, which is what happened to my fiance.

In the case of the friend the post was talking about, their case wasn't 100% refused but it's possible that by not sending the paperwork in, in the year time frame the consulate gives when requesting more papers, that they will be denied/refused because their case is expired.

But yes, I also use denial and refusal interchangably too. There's refusal with a code that is 100% refused for X reason, and refusal with further consideration.

I was more so talking directly to the person I was quoting, not to the OP or anything as their case isn't the same as the quoted posters friends case.

Edited January 11, 2016 by Ash.1101

[MarieG 2]

Sorry to hear about that but Once you on filing the first thing to do is to quit smoking. And she should have said no to the doctor. Once you said yes they start questioning everything.

[lrpburton25 3]

It was 12 years ago. He doesn't do anything, he works and supports his children living a clean life

[Pitaya 2,577]

~Moved from K1 Process to K1 Progress Forum~

~Similar topics are discussed at this forum~

[milimelo 4,481]

~Four year old topic locked. Start your own topic. ~