Denied. When and How do I refile?

[Kosi Wahala 153]

I might suggest that this has nothing to do with the notion that the CO thought you were married previously, and divorced. You have to read the response to the Senator and look up the U.S. Code cited.

8 CFR 214.2(k)(2).

Here:

8 CFR 214.2(k)(2): § Sec. 214.2(k) Spouses, Fiancees, and Fiances of United States Citizens. (Heading amended 8/14/01; 66 FR 42587 )

(2) Requirement that petitioner and K-1 beneficiary have met . The petitioner shall establish to the satisfaction of the director that the petitioner and K-1 beneficiary have met in person within the two years immediately preceding the filing of the petition. As a matter of discretion, the director may exempt the petitioner from this requirement only if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K-1 beneficiary's foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day. In addition to establishing that the required meeting would be a violation of custom or practice, the petitioner must also establish that any and all other aspects of the traditional arrangements have been or will be met in accordance with the custom or practice. Failure to establish that the petition er and K-1 beneficiary have met within the required period or that compliance with the requirement should be waived shall result in the denial of the petition. Such denial shall be without prejudice to the filing of a new petition once the petitioner and K-1 beneficiary have met in person. (Amended 8/14/01; 66 FR 42587 )

[Ash.1101 1,756]

13 minutes ago, Kosi Wahala said:

I might suggest that this has nothing to do with the notion that the CO thought you were married previously, and divorced. You have to read the response to the Senator and look up the U.S. Code cited.

8 CFR 214.2(k)(2).

Here:

8 CFR 214.2(k)(2): § Sec. 214.2(k) Spouses, Fiancees, and Fiances of United States Citizens. (Heading amended 8/14/01; 66 FR 42587 )

(2) Requirement that petitioner and K-1 beneficiary have met . The petitioner shall establish to the satisfaction of the director that the petitioner and K-1 beneficiary have met in person within the two years immediately preceding the filing of the petition. As a matter of discretion, the director may exempt the petitioner from this requirement only if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K-1 beneficiary's foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day. In addition to establishing that the required meeting would be a violation of custom or practice, the petitioner must also establish that any and all other aspects of the traditional arrangements have been or will be met in accordance with the custom or practice. Failure to establish that the petition er and K-1 beneficiary have met within the required period or that compliance with the requirement should be waived shall result in the denial of the petition. Such denial shall be without prejudice to the filing of a new petition once the petitioner and K-1 beneficiary have met in person. (Amended 8/14/01; 66 FR 42587 )

That's interesting actually. Yeah if you click on the attachment in Ziggy's post, it shows this being the code.


When was the last time you saw each other in person Ziggy? This may take more digging, but is it possible that if you haven't seen each other within 2 years of the interview, they're just nixing it? I always assumed that as long as it was 2 years within the I-129F, but could they be saying they wanted them to have met within 2 years of the K-1 application?


With that said, go refile, marry, which ever you want. May not make a difference if you don't have more face time since they don't seem to think ya'll actually met and/or met at the times your fiance said you did.

What proof did ya'll provide you actually met other than pictures? It really sounds like they don't believe you have met and are just twisting a story together. Granted if that's the ONLY denial reason then refiling should be easy, but you will have to visit again. But as a note, you don't know what the CO put in the system, even if your fiance told you the truth about how everything went down, if the CO put down damning information in the system you may be walking into a losing battle.

Edited March 8, 2017 by Ash.1101

[Kosi Wahala 153]

1 minute ago, Ash.1101 said:

That's interesting actually. Yeah if you click on the attachment in Ziggy's post, it shows this being the code.


When was the last time you saw each other in person Ziggy? This may take more digging, but is it possible that if you haven't seen each other within 2 years of the interview, they're just nixing it? I always assumed that as long as it was 2 years within the I-129F, but could they be saying they wanted them to have met within 2 years of the K-1 application?

All that I can say is that when a Congressional inquiry is received, the response goes through several pairs of eyes, before the Deputy Consular Chief signs off on the reply. The odds that the U.S. Code cited is a typo? Slim to nonexistent. 

[Ash.1101 1,756]

2 minutes ago, Kosi Wahala said:

All that I can say is that when a Congressional inquiry is received, the response goes through several pairs of eyes, before the Deputy Consular Chief signs off on the reply. The odds that the U.S. Code cited is a typo? Slim to nonexistent. 

Yeah, either they don't believe they met at all, which means they WILL have to meet up again, or the time they met was more than two years ago at the time of interview so they're just bending the rules?

[Kosi Wahala 153]

Since that Section of U.S Code uses the language "to the satisfaction of the director" - it give the consulate a lot of leeway in making that citation. Perhaps the six days didn't meet with the satisfaction of the director, when it came to proof of a bonafide relationship? I don't know. Applications denied under that Section of USC are denied without prejudice - so remedy the situation and reapplication would be allowed. 

Edited March 8, 2017 by Kosi Wahala

[Scienceteacher15 48]

I empathize with you  @ziggyzaazaa  My background story: I went to the Dominican Republic and fell in love in 2015. I am a teacher and my finances and vacation time is limited. I came back and found out I was pregnant so I filed for a K1 petition in end December 2015. In my petition the company included our convos, FaceTime screenshots, pictures from our first meeting, future travel plans with actual receipts for my 2nd and 3rd visit. When I came onto VJ I was told there was no possible way my now husband would make it to the birth of our child. I visited him in December of 2015. I made it my business to go again while pregnant in March 2016 (3rd visit) to the interview with my fiancé. I met his family after our interview because they live a distance from consulate. We made sure all preinterview requirements (medical, fingerprints, photos, etc. were ready) We were approved that day. We had 3 visits together before he came to America and he arrived 3.5 weeks before our daughter arrived to give him time to settle leaving. We married in less than 60 days and all is well. Do not get discouraged. Just save the money and do the work to make your dreams come true!!!! Visit again and gather what you need. I used easyfiancevisa.com bc I was pregnant and didn't want the headache of the paperwork but in hindsight I could have done it myself. They made sure I had all the documentation together including preparing for AOS and my petition moved quickly! Best wishes.

Edited March 8, 2017 by Scienceteacher15

[ziggyzaazaa 14]

thank you for examining my letter. you do give some hope and further understanding. I am also trying to get into Canada for a visit with him and all my kids. haven't decided whether we should marry there or not but if not. we can go again later if that's what it will take. I have a very close friend there. It's a 12 hour drive from where I live. anyway. I went to dubai last February.  1 year ago. went with my daughter. we front loaded. we sent them original boarding passes. luggage reciepts. hotel check in and out.  wedding ring reciepts grocery.  shopping in dubai reciepts stamps in all passports. events in dubai together. pictures. everything plus. there was proof.

[Scienceteacher15 48]

55 minutes ago, ziggyzaazaa said:

thank you for examining my letter. you do give some hope and further understanding. I am also trying to get into Canada for a visit with him and all my kids. haven't decided whether we should marry there or not but if not. we can go again later if that's what it will take. I have a very close friend there. It's a 12 hour drive from where I live. anyway. I went to dubai last February.  1 year ago. went with my daughter. we front loaded. we sent them original boarding passes. luggage reciepts. hotel check in and out.  wedding ring reciepts grocery.  shopping in dubai reciepts stamps in all passports. events in dubai together. pictures. everything plus. there was proof.

As others have said one visit probably did not suffice for that country! I heard DR was a high fraud country and a lot of rejections so I planned it to be there for the interview. Plan to attend interview next time. Bring all of your documents when you go. 

[Georgia16 2,858]

6 hours ago, ziggyzaazaa said:

thank you for examining my letter. you do give some hope and further understanding. I am also trying to get into Canada for a visit with him and all my kids. haven't decided whether we should marry there or not but if not. we can go again later if that's what it will take. I have a very close friend there. It's a 12 hour drive from where I live. anyway. I went to dubai last February.  1 year ago. went with my daughter. we front loaded. we sent them original boarding passes. luggage reciepts. hotel check in and out.  wedding ring reciepts grocery.  shopping in dubai reciepts stamps in all passports. events in dubai together. pictures. everything plus. there was proof.

That is the best plan I have heard from you! Go to Canada enjoy your vacation with the kids and him. Maybe take another trip there and get married on that trip file the papers and after filing papers and before interview take another trip again. that will make your case a lot more stronger and you will have a lot more evidence to submit.

[Ash.1101 1,756]

1 hour ago, Georgia16 said:

That is the best plan I have heard from you! Go to Canada enjoy your vacation with the kids and him. Maybe take another trip there and get married on that trip file the papers and after filing papers and before interview take another trip again. that will make your case a lot more stronger and you will have a lot more evidence to submit.

Yeah it is possible that they will still want another meeting outside of marriage, since your only meetings will have been meeting for the first time, and then marriage. Honestly I would also try to be at the interview if all possible. Spousal visa's take MUCH longer than K-1, so it'll give you time to plan and save.

[NigeriaorBust 4,087]

  You sent wedding ring receipts ???  

[QueenComley 295]

3 hours ago, NigeriaorBust said:

  You sent wedding ring receipts ???  

I noted that comment also....

[Dianalorena 1,153]

Don't know if this will help, but try to look it from their eyes, as officials/government workers that are trained and work hard to stop immigration fraud every day. They're not moved by emotions but facts/proof or lack thereof.  It's understandable that they got suspicious, especially when it comes to a high freud country. You know your relationship is real and it hurts when the authenticity is put to the test, but unfortunately that's something all of us have to deal with, some more than others. 

 

Is it pretty? Or even fair for the most part? no. Is it the way it works? yes. Try not to take it personally, not the lady in the interview process, the rejection letter, USCIS, not even the comments here. People are trying to help you look at it as a cold, precise process where the requirement most likely weren't met: one visit most likely wasn't enough, like others have mentioned. 

I know you're overwhelmed now, but coming up with solutions like meeting and/or marrying in Canada and starting again is the way to go. I'm almost sure once you solve this your petition will be approved. It's an unfortunate delay, but there are ways to fix it. 

Good luck on your journey! 

 

 

 

[Raduga 6]

17 hours ago, ziggyzaazaa said:

No, I am simply asking if I can refile the K-1 Visa?

You can. But you will be denied again. 

 

It's pretty easy to get K1 approved if you demonstrate you are in genuine relationship. The officer thinks you are married?! You are not telling your story completely. 

[NigeriaorBust 4,087]

58 minutes ago, Raduga said:

You can. But you will be denied again. 

 

It's pretty easy to get K1 approved if you demonstrate you are in genuine relationship. The officer thinks you are married?! You are not telling your story completely. 

    A second K1 doesn't mean automatic denial and in a high fraud country demonstrating a valid relationship does not ensure you get the visa first time.  But people that can skirt the process and AOS from the US  don't understand the real pain of immigration