K1 denial

[Sietta Karneh 1]

My fiancé was denied a visa at the consulate level, I've not received the reason for denial yet, it's only been 2 months, I'm thinking about going to his home country for us to get marry, what's the best advice, please help me, this has been very devastating for the both of us.

[Ben&Zian 4,398]

You need to find out the exact reason for the denial. Did you fiancee receive any paperwork stating why he was denied?

 

Your petition is probably sitting at USCIS and after 4-5 more months they will notify you it has expired.

 

Just going to get married and file for CR-1 does not guarantee anything. They could deny you again for same reasons unless you address/correct the issues.

Edited January 30, 2017 by Ben&Zian

[Sietta Karneh 1]

Thanks for responding, the letter that was given to him after his interview stated, when the case returns to Uscis, we'll be given a opportunity to present more evidence, so I'm thinking he was denied because of lack of evidence, but not sure, since I filed the k1 visa, the case will expire by the time I hear from uscis.

[Ben&Zian 4,398]

Yes it will expire and nothing much can be done. To "quicken" the process you could write to USCIS and formally withdraw the petition, then you can file again for K-1 or get married and do CR-1; but it seems also maybe you need more face to face time, and front load the petiton(whichever one you choose) to overcome their doubt. 

[Sietta Karneh 1]

So are u suggesting I do another visit to his country?

[Ben&Zian 4,398]

Well again it depends on why exactly they didn't believe in your relationship... how many times had you visited or seen eachother before/during the K-1 process?

 

Each embassy is totally different on how they view these things,

Edited January 30, 2017 by Ben&Zian

[Sietta Karneh 1]

Just once. Last year, for three weeks, been together going on three years.

[Ben&Zian 4,398]

Then definately more face time is beneficial in proving your case probably. Again each embassy is different but that could be one factor in their decision. Also front loading the petition with a lot of evidence can help. It is believed, and to a degree proven, that CO's make their decision before the interview even begins. They review the I-129F petition before hand and generally make their decision regardless of any other evidence. So front loading, with 1-2 more trips definately would be beneficial.

[Sietta Karneh 1]

It's so disappointing, but I'm praying for the better, our relationship is very real, I wished I had hired an attorney, I had no idea how difficult this could be, I thought I could do it on my own, this has caused us a delay to start our lives together, got be thinking about giving up, because he's waited for me all this time just to be let down. I appreciate ur input, it means a lot.

[Kastrs 723]

If your petition was denied because of lack of relationship evidence, an attorney would not have lead to an approval. You only had one visit for three weeks before filing. Do you have any red flags (age difference, different religion, multiple marriage and divorces)?

Getting married is a good idea, but in conjunction with that you need more relationship evidence. Make a couple more visits.

 

Also, rethink the interview, what was asked what were the answers did the IO seem to be focusing on anything?

 

 

 

[Sietta Karneh 1]

From what he told me, the CO did not look interested in anything he had to say, he answered every question correctly, he's Muslim n I'm Christian, he lives in west Africa.

[Sietta Karneh 1]

We both been married once.

[Boiler 45,922]

May be easier for you do be the one that moves, one visit of 3 weeks is obviously an issue.

[Sietta Karneh 1]

Thanks so much, I'm planning on another trip this year, unfortunately only for two weeks this time.

[caliliving 606]

5 hours ago, Sietta Karneh said:

Thanks so much, I'm planning on another trip this year, unfortunately only for two weeks this time.

are you much older then him? the religious difference and country makes this a very hard and difficult case. one visit, for 3 weeks over a year ago. how well do u really know him?  maybe u should move there for a bit.