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Denied. When and How do I refile?

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Filed: Citizen (apr) Country: Denmark
Timeline
1 hour 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. 

That is not true. Not all embassies are the same. Some are really tough to get any kind of visa from.

 

 

 

 

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Filed: K-1 Visa Country: Wales
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1 minute ago, NigeriaorBust said:

    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

I  agree it is not automatic but in this case whatever is next nearest.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Wales
Timeline
7 minutes ago, Georgia16 said:

That is not true. Not all embassies are the same. Some are really tough to get any kind of visa from.

Some seem to attract unusual patterns of relationships. Quite how PI hands them out so easily does confuse me.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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1 hour ago, Boiler said:

Some seem to attract unusual patterns of relationships. Quite how PI hands them out so easily does confuse me.

 

 

1 hour ago, Georgia16 said:

I agree on that one.

 Think American government's past PI relationship.

ROC Timeline!

Service Center : California Service Center

NOA2017-09-01

Biometrics : 2017-09-28

ROC Approved 2019-01-17

 

AOS Timeline!

Marriage : 2015-01-10

AOS/EAD/AP NOA : 2015-01-20

Biometrics : 2015-02-17

EAD/AP Approved : 2015-03-17

NPIW : 2015-06-11

AOS Approved : 2015-11-24

 

K-1 Visa Timeline!

Service Center : Texas Service Center

Transferred? No

Consulate : Frankfurt, Germany

I-129F NOA1 : 2014-03-11

I-129F NOA2 : 2014-08-12

Consulate Received : 2014-09-15

Interview Date : 2014-11-13

Interview Result : Approved

Visa Received : 2014-11-15

US Entry : 2014-12-31

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We are new to the process and are really curious, is this a bad thing? I'm not sure about everyone else but some of us certainly make our ring purchases in advance but that does not mean we are married. Would a confirmation of not-married from both local authorities (USC + beneficiary) help?

 

10 hours ago, NigeriaorBust said:

  You sent wedding ring receipts ???  

 

6 hours ago, QueenComley said:

I noted that comment also....

For my I-129F, K-1, AOS, EAD, AP and ROC detailed timelines, please refer to my timeline page :)

ROC filed on December 1, 2020, assigned to SRC, approved within 106 days on February 18, 2021.

My sincerest gratitude to all VJers, especially the late geowrian.

 

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Filed: K-1 Visa Country: Wales
Timeline
13 minutes ago, KULtoATL said:

We are new to the process and are really curious, is this a bad thing? I'm not sure about everyone else but some of us certainly make our ring purchases in advance but that does not mean we are married. Would a confirmation of not-married from both local authorities (USC + beneficiary) help?

 

 

They have met once for 6 days, I assume the ring was bought at that time.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Nigeria
Timeline

Now that I am moving forward with plans to meet in Canada with my kids, I believe that is a better approach to move on with my journey to marry the love of my life and to heal from the heartache by looking forward. You guys are right that it will be so much more beneficial for me to get more face time and my family will finally be together as one.  

I just would like to add that I did submit a claim  with the Citizenship and Immigration Services Ombudsman U.S. Department of Homeland Security to address the code and interview denial issue, since it seemed there may have been a mistake in Lagos on reviewing my K-1 Visa petition. Who knows what they will say or do, but I am satisfied I tried every resort. (thanks to the advice from members that reached out to me from this site) After doing everything I can on my end, filing a case, reaching out to senators, asking questions, etc. I believe someone will look at the details of my case and review it accordingly. No need for a lawyer. In the meantime, I will keep everyone updated on the result. Its very interesting how my case got handled and then was given an unexpected denial code as a result. I really thought my fiancee would be banned the day he told me how everything went down. So I will let everyone know what I found out if I hear anything else regarding that K-1 visa petition that may just expire. Who cares anyway. I am going to CANADA!! . I am so greatfull I had you guys to run too in the hardest moments of my life. Thank you everyone for all of your advice and support on this thread and I will update with pictures soon! Hugs

Erinmi (L) Ayomi

Alaska & Nigeria

(Laugh) + (Joy)

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Filed: Timeline
5 minutes ago, ziggyzaazaa said:

Now that I am moving forward with plans to meet in Canada with my kids, I believe that is a better approach to move on with my journey to marry the love of my life and to heal from the heartache by looking forward. You guys are right that it will be so much more beneficial for me to get more face time and my family will finally be together as one.  

I just would like to add that I did submit a claim  with the Citizenship and Immigration Services Ombudsman U.S. Department of Homeland Security to address the code and interview denial issue, since it seemed there may have been a mistake in Lagos on reviewing my K-1 Visa petition. Who knows what they will say or do, but I am satisfied I tried every resort. (thanks to the advice from members that reached out to me from this site) After doing everything I can on my end, filing a case, reaching out to senators, asking questions, etc. I believe someone will look at the details of my case and review it accordingly. No need for a lawyer. In the meantime, I will keep everyone updated on the result. Its very interesting how my case got handled and then was given an unexpected denial code as a result. I really thought my fiancee would be banned the day he told me how everything went down. So I will let everyone know what I found out if I hear anything else regarding that K-1 visa petition that may just expire. Who cares anyway. I am going to CANADA!! . I am so greatfull I had you guys to run too in the hardest moments of my life. Thank you everyone for all of your advice and support on this thread and I will update with pictures soon! Hugs

 

It's been a while so I forgot but can the Canadians find out if he was denied a USA immigration visa?

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5 minutes ago, General Buhari said:

It's been a while so I forgot but can the Canadians find out if he was denied a USA immigration visa?

Yes. The US and Canada share this kind of data (since 2009 or so...?).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline
15 minutes ago, geowrian said:

Yes. The US and Canada share this kind of data (since 2009 or so...?).

The Immigration Information Sharing Treaty was part of the Perimeter Security and Economic Competitiveness Action Plan, between the U.S. and Canada, signed by President Obama in 2011. It does not apply to citizens or permanent residents of either country, but does apply to the sharing of information from third-country nationals who apply for a visa or permit to travel to either country.

When someone who is not a citizen or LPR of either country applies to Canada for a visa or a permit Canada will send an automated request for data to the United States. If the person matches, immigration information shared includes whether the person has previously been refused a visa or removed from the other country.

FYI - I believe that Canada also requires the same "strong ties" test, that the United States does, for tourist visa applicants (e.g. letters of employment, or other documents establishing a strong reason to return to the country of origin).

Edited by Kosi Wahala

CR-1 Visa

Married in Akure, Ondo State, Nigeria on 29 September 2016 - Civil Marriage
** USCIS **

Service Center: Potomac

Consulate : Lagos, Nigeria 

I-130 Sent: 2016-12-03

I-130 Delivered to Chicago Lockbox: 2016-12-05

I-130 NOA1: 2016-12-08

Oko mi was baptized, confirmed, and received into the Catholic Church in Akure, Nigeria: 2017-04-15 at the Easter Vigil Mass!

Marriage Convalidated in the Catholic Church, Akure, Nigeria: 2017-04-16 Easter Morning! 

I-130 Approved : 2017-05-19

** NVC **

NVC Received : 2017-06-01

NVC Case Number Assigned: 2017-06-15
Received DS-261/AOS Bill: 2017-06-21

Pay AOS Bill: 2017-06-21
Receive IV Bill : 2017-06-23
Pay IV Bill : 2017-06-23

Receive I-864 Package : 2017-06-28

Send AOS Package : 2017-07-01

Submit DS-261 :  2017-06-21

Send IV Package : 2017-07-01
Scan Date: 2017-07-07

Receive Instruction and Interview appointment letter : 2017-09-30

Case Completed at NVC : 2017-09-01

----------------------------

 

Interview Date : 2017-11-22

Interview Result : Approved! Thanks be to God!

Visa Received : 2017-11-27
US Entry : 2017-12-08 Atlanta

 
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Filed: Timeline
2 minutes ago, Kosi Wahala said:

The Immigration Information Sharing Treaty was part of the Perimeter Security and Economic Competitiveness Action Plan, between the U.S. and Canada, signed by President Obama in 2011. It does not apply to citizens or permanent residents of either country, but does apply to the sharing of information from third-country nationals who apply for a visa or permit to travel to either country.

When someone who is not a citizen or LPR of either country applies to Canada for a visa or a permit Canada will send an automated request for data to the United States. If the person matches, immigration information shared includes whether the person has previously been refused a visa or removed from the other country.

 

Hmmmm...

 

So it seems Wahala dey with OP's plan to meet in Canada then.

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Filed: AOS (apr) Country: Cyprus
Timeline
12 minutes ago, General Buhari said:

It's been a while so I forgot but can the Canadians find out if he was denied a USA immigration visa?

USCIS shares a data base with the UK and I believe Canada also so if they really want to know they can check though that may

be just for certain cases.
Usually they do not care if someone applied for a US visa in Canada.

It will not be easy getting a visa to Canada either for a Nigerian and OP should definitely have a back up plan

of going to Nigeria, marry and spend time with his family because there is no guarantee that he can go to Canada.


To the OP, there is nothing the Ombudsman can do to counter the CO's findings, the CO has the discretion to determine
that the visit was not long or frequent enough and therefore determine a non bona fide relationship.

I believe you will find out soon that your only viable option is to go to Nigeria to marry him or a country where he can get go

without a visa.

Wishing you the best for a successful outcome.
 

 

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline
1 minute ago, General Buhari said:

Hmmmm...

 

So it seems Wahala dey with OP's plan to meet in Canada then.

Big wahala oooooo. ?

OP, can you consider visiting Nigeria, sans the kids for a few visits? 

CR-1 Visa

Married in Akure, Ondo State, Nigeria on 29 September 2016 - Civil Marriage
** USCIS **

Service Center: Potomac

Consulate : Lagos, Nigeria 

I-130 Sent: 2016-12-03

I-130 Delivered to Chicago Lockbox: 2016-12-05

I-130 NOA1: 2016-12-08

Oko mi was baptized, confirmed, and received into the Catholic Church in Akure, Nigeria: 2017-04-15 at the Easter Vigil Mass!

Marriage Convalidated in the Catholic Church, Akure, Nigeria: 2017-04-16 Easter Morning! 

I-130 Approved : 2017-05-19

** NVC **

NVC Received : 2017-06-01

NVC Case Number Assigned: 2017-06-15
Received DS-261/AOS Bill: 2017-06-21

Pay AOS Bill: 2017-06-21
Receive IV Bill : 2017-06-23
Pay IV Bill : 2017-06-23

Receive I-864 Package : 2017-06-28

Send AOS Package : 2017-07-01

Submit DS-261 :  2017-06-21

Send IV Package : 2017-07-01
Scan Date: 2017-07-07

Receive Instruction and Interview appointment letter : 2017-09-30

Case Completed at NVC : 2017-09-01

----------------------------

 

Interview Date : 2017-11-22

Interview Result : Approved! Thanks be to God!

Visa Received : 2017-11-27
US Entry : 2017-12-08 Atlanta

 
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