FOIA questions after denied K1

[Unshakable Faith 493]

We were denied a K1 visa in April.  I also filed another I-129f in April and we are currently awaiting NOA2.  My senator has inquired, as they have been following our case since before we received our NOA2 from the first petition. 

 

They gave the senator's office, what I thought, was a basic reply.  There was no detail or explanation of what the heart of the issue was, although we believe it was just due to the lack of credibility (even though we have an approved I-601).

 

I've thought about doing a request for records with the FOIA so that we can better prepare for the 2nd K1 interview and overcome the cause of concern. 

 

How long does it usually take to receive the information?  It seems we have about 2 more months until NOA2 if things continue at the same pace. 

 

Will it slow the process down for us?

Edited May 23, 2017 by Unshakable Faith

[Ben&Zian 4,398]

Are there other outstanding flags in your case? I see needed to do the I-601 waiver.

[Kosi Wahala 153]

An agency has 20 days to respond to a FOIA, but note, that is to *respond* - not produce documents. Some things to keep in mind - you must be very specific as to what records you are requesting. Also, anything considered to be "opinion" can be redacted. And, you can be charged for the copies of the documents you request. 

[C-ma'am 684]

**Post moved from K1 Process to Progress Reports

[Maria1989 403]

5 hours ago, Unshakable Faith said:

We were denied a K1 visa in April.  I also filed another I-129f in April and we are currently awaiting NOA2.  My senator has inquired, as they have been following our case since before we received our NOA2 from the first petition. 

 

They gave the senator's office, what I thought, was a basic reply.  There was no detail or explanation of what the heart of the issue was, although we believe it was just due to the lack of credibility (even though we have an approved I-601).

 

I've thought about doing a request for records with the FOIA so that we can better prepare for the 2nd K1 interview and overcome the cause of concern. 

 

How long does it usually take to receive the information?  It seems we have about 2 more months until NOA2 if things continue at the same pace. 

 

Will it slow the process down for us?

Good afternoon, I do paralegal work here in Michigan, so if Im not mistaken they usually have so many days to "respond", I believe it is 21. But that response could be - we received your FOIA request and we are processing it, please allow 30 days for the information. Then take into consideration that some things they are legally allowed to "redact". Which basically means to remove, or black out, etc. However, when dealing with governmental agencies they tend to be slower. So prepare to wait.

 

Next, your review of the Embassy said you were approved, Im confused.  Did they approve him at the interview and then retroactively deny him and not issue the visa. 

[Unshakable Faith 493]

7 hours ago, Maria1989 said:

Good afternoon, I do paralegal work here in Michigan, so if Im not mistaken they usually have so many days to "respond", I believe it is 21. But that response could be - we received your FOIA request and we are processing it, please allow 30 days for the information. Then take into consideration that some things they are legally allowed to "redact". Which basically means to remove, or black out, etc. However, when dealing with governmental agencies they tend to be slower. So prepare to wait.

 

Next, your review of the Embassy said you were approved, Im confused.  Did they approve him at the interview and then retroactively deny him and not issue the visa. 

We had an interview in June 2016, they approved him then called him back to come in a few days later.   They gave the option to file the I-601.  That was approved and then they wanted another interview instead of just issuing the visa and then "officially" denied the K1 this April.  It's been a long journey! 

[LionessDeon 2,060]

Wow. This is the first time I've heard of a denial after an approved I-601.  A second interview is common but usually results in approval. I don't know all the circumstances of your case but if it were me I wouldn't have gone the K1 route again. 

Its very common not to get a direct detailed reason for denial in K1s.  CR1 are the ones that get the NOID/NOIR with chance of rebuttal.  

Hope it all works out for you. 

[Unshakable Faith 493]

23 minutes ago, LionessDeon said:

Wow. This is the first time I've heard of a denial after an approved I-601.  A second interview is common but usually results in approval. I don't know all the circumstances of your case but if it were me I wouldn't have gone the K1 route again. 

Its very common not to get a direct detailed reason for denial in K1s.  CR1 are the ones that get the NOID/NOIR with chance of rebuttal.  

Hope it all works out for you. 

Thank you.   Yes, we were very surprised especially since they had initially approved him.   The lady was really rude and told him she didn't care if he had an approved I-601.

 

There were different reasons for not wanting to go the CR1 route.

 

I'm just praying that the Lord's will be done! 

Edited May 24, 2017 by Unshakable Faith

[Maria1989 403]

15 hours ago, Unshakable Faith said:

Thank you.   Yes, we were very surprised especially since they had initially approved him.   The lady was really rude and told him she didn't care if he had an approved I-601.

 

There were different reasons for not wanting to go the CR1 route.

 

I'm just praying that the Lord's will be done! 

So basically, my story... Me and fiance met. Time goes by.... We develop into a relationship and he asks me to marry him, I know at this point he is the one. Issue.... Visit time has passed, no longer within the two years. At this point.... My mom is sick, on 24 oxygen and I am her care giver. With all the stress, I am depressed and suffering from anxiety. What do I do, file an I-129f asking for a waiver of the 2 year requirement. Putting in letters from my doctor and such. I should have put in proof of my moms medical condition and proof that I was her caregiver but I didnt. Just my stuff. Needless to say, denied..... I put on my legal experience hat, which includes over 10 years at the Courthouse. And my professional opinion....   I would have denied it too. Of course then, I had my sister and daughter attend to my mom, and I left for about 2 weeks, and reapplied. During that time I also had him apply for a Visitor Visa, which was generically denied (only because they referenced in the denial that he had not attempted to visit the US so we havent exhausted all avenues). With that said, now I feel a bit at ease with my petition since we have  addressed all the issues, another visits (within the timeframe) and his visitor visa denial. I did a little bit of research here since Im in the office and.... I find two issues with your "case" while it's great that the I-601 was approved, it typically addresses spouse, child, basically relatives. For US purposes "fiance" is not a relative. Secondly, you would need to address the issues for the visa denial, which under FOIA you may or may get because, I would guess that a lot of infromation maybe redacted from the file, as privileged information. My suggestion would be to go the Spousal route, I dont know what the "different reasons" are that you mentioned, but it maybe the best possible way you can be successful. 

 

Oftentimes we think with our hearts and not our head. Which is what I did, and I basically wasted time and money. I recieved a lot of great advice on here, and some of the things I should have known and other things I had no idea about.  But hey, water under the bridge. You gotta move forward, empowered with more knowledge. 

[LionessDeon 2,060]

31 minutes ago, Maria1989 said:

I did a little bit of research here since Im in the office and.... I find two issues with your "case" while it's great that the I-601 was approved, it typically addresses spouse, child, basically relatives. For US purposes "fiance" is not a relative.

 

This is not true.  Many people said this same thing to me when we filed our I-601 waiver.  I called our lawyer, Lizz Cannon, in a panic.  She sent me the code or language directly from USCIS that specifically states that a fiance is a qualifying relative.  If my fiance would've still been refused after the I-601, I would've contacted my lawyer immediately.  So much wrong with that scenario!  I mean honestly, the consulate is the one that gave them waiver eligibility. Then you get an approved waiver and their reponse is "i don't care"  Oh no!  That would not fly with me!!

Edited May 24, 2017 by LionessDeon

[Unshakable Faith 493]

12 minutes ago, LionessDeon said:

This is not true.  Many people said this same thing to me when we filed our I-601 waiver.  I called our lawyer, Lizz Cannon, in a panic.  She sent me the code or language directly from USCIS that specifically states that a fiance is a qualifying relative.  If my fiance would've still been refused after the I-601, I would've contacted my lawyer immediately.  So much wrong with that scenario!  I mean honestly, the consulate is the one that gave them waiver eligibility. Then you get an approved waiver and their reponse is "i don't care"  Oh no!  That would not fly with me!!

Yes, agreed.  Fiance is considered a relative in this case, otherwise a waiver would not have been available. 

 

I didn't have an attorney, I completed the waiver on my own.   It was his credibility that was shot, which really I understand their point but their method of delivery was really unfair.  They made us wait 5 months after our approved waiver because they "didn't receive the approval yet".  It was approved at the end of November.  After many calls and emails to USCIS and the embassy, they finally contacted me in January stating that they received the approval and scheduled an interview for APRIL.  They had us redo a medical and police report just to come in and be officially denied.   The woman was really rude to him and didn't even take the time to look at our 400+ pages of evidence. 

 

Very sad but I know God will work it out! 

[LionessDeon 2,060]

1 minute ago, Unshakable Faith said:

Yes, agreed.  Fiance is considered a relative in this case, otherwise a waiver would not have been available. 

 

I didn't have an attorney, I completed the waiver on my own.   It was his credibility that was shot, which really I understand their point but their method of delivery was really unfair.  They made us wait 5 months after our approved waiver because they "didn't receive the approval yet".  It was approved at the end of November.  After many calls and emails to USCIS and the embassy, they finally contacted me in January stating that they received the approval and scheduled an interview for APRIL.  They had us redo a medical and police report just to come in and be officially denied.   The woman was really rude to him and didn't even take the time to look at our 400+ pages of evidence. 

 

Very sad but I know God will work it out! 

Oh my goodness.  I feel your pain!  That is so mean to do that to people.  I am so sorry.  Yes!  My now husband always says if Jah says yes no one can say no.  No one can keep you apart if it is meant to be.  They may stall it but don't give up.  My husband finally made it here after 2 years.  I will be praying for you!  Many blessings to you and your fiance!  Keep in touch.

[Unshakable Faith 493]

8 minutes ago, LionessDeon said:

Oh my goodness.  I feel your pain!  That is so mean to do that to people.  I am so sorry.  Yes!  My now husband always says if Jah says yes no one can say no.  No one can keep you apart if it is meant to be.  They may stall it but don't give up.  My husband finally made it here after 2 years.  I will be praying for you!  Many blessings to you and your fiance!  Keep in touch.

Thank you!   I remember reaching out to you when I was mentally preparing to do the waiver.   I really appreciate people such as yourself that share your story to help others.  Thank you again! 

[LionessDeon 2,060]

58 minutes ago, Unshakable Faith said:

Thank you!   I remember reaching out to you when I was mentally preparing to do the waiver.   I really appreciate people such as yourself that share your story to help others.  Thank you again! 

Yes I reviewed your profile. I remember talking with you before.   You are very welcome. 

Edited May 24, 2017 by LionessDeon

[Maria1989 403]

1 hour ago, Unshakable Faith said:

Yes, agreed.  Fiance is considered a relative in this case, otherwise a waiver would not have been available. 

 

I didn't have an attorney, I completed the waiver on my own.   It was his credibility that was shot, which really I understand their point but their method of delivery was really unfair.  They made us wait 5 months after our approved waiver because they "didn't receive the approval yet".  It was approved at the end of November.  After many calls and emails to USCIS and the embassy, they finally contacted me in January stating that they received the approval and scheduled an interview for APRIL.  They had us redo a medical and police report just to come in and be officially denied.   The woman was really rude to him and didn't even take the time to look at our 400+ pages of evidence. 

 

Very sad but I know God will work it out! 

Great. My apologies for not checking into qualifying relative. Its great you have someone on here that has been there and can offer you advice and help from an experienced point of view. Best wishes