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SophieTheGamer

K-1 Visa Denied, what now? Appeal?

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Filed: K-1 Visa Country: Afghanistan
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I'm so sorry for u but u were advised not too. When u come here for help that's what we all do..We want to help u not hurt u. I'm sorry to say but it was a very dumb move on ur part. Definitely get married and do CR-1. Appealing is more money and time. Ofcourse ur going to have to wait longer but this is what happens when u don't listen.  I'm not trying to be mean, it's just these ppl on here know the process. They are very educated and try to help..please just listen. Everything will work out in the end for u😉

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Okay everyone, I stated in my last post that yes we were planing an unofficial wedding which was already planned before I asked that question and the petition was already filed before that to, so no matter how many times you tell me how stupid I was for doing it. It was already done before I posted asking about unofficial weddings. I have a 94 year old grandmother who cannot fly that I'm basically Doing this for. Don't assume things before knowing the story. I asked a question which was answered and I appreciate the people who have been very helpful, but it's unessesary to post stupid replies saying " well you should have listened before " it's bad luck on my part and we will pursue the CR-1. 

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1 hour ago, Scandi said:

That's what they should've done from the very beginning (the CR-1 route) if it was so important that the grandmother could attend the wedding. I don't see why they chose the K-1 at all, this just seems like very poor planning to me.

Agreed, and then have a second ceremony (renewing of vows) for his family once she arrived to the US.

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Filed: K-1 Visa Country: Wales
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Do not know about Australia, but in the UK a traditional Wedding is legal, been there done that.

 

Sort of assumed Down Under would follow.

“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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2 hours ago, SophieTheGamer said:

Okay everyone, I stated in my last post that yes we were planing an unofficial wedding which was already planned before I asked that question and the petition was already filed before that to, so no matter how many times you tell me how stupid I was for doing it. It was already done before I posted asking about unofficial weddings. I have a 94 year old grandmother who cannot fly that I'm basically Doing this for. Don't assume things before knowing the story. I asked a question which was answered and I appreciate the people who have been very helpful, but it's unessesary to post stupid replies saying " well you should have listened before " it's bad luck on my part and we will pursue the CR-1. 

I understand that your plans were too far along and too much money invested at that point. However, you were advised this would happen and you gambled. A better choice may have been to withdraw your K1 and make that ceremony official instead of unofficial and then file for a spouse visa. Hindsight is always 20/20. But you are where you are and the best advice is to get married and go the spouse route.

 

The sad part is that your previous ceremony made you seem too married to get a K1 but I guarantee it's not married enough to get a spouse visa. Crazy right? He will have to return for an official ceremony. I would suggest doing it the quickest easiest way possible so that it is legal on paper then you can still have a renewal ceremony for his family when you arrive. Good luck!

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Filed: Timeline

I never heard (or read) anybody saying to not do a wedding ceremony (that was not legally binding) if you planned to travel later on a K1 visa.

 

We, in fact, did ... but we got the visa first, did the large ceremony (in China) second, then came here to get married and adjust status.

 

Another thing we did was file an I-290B appeal to reopen or reconsider a denial of our I-485 AOS (green card). I will agree with the mob here to NOT do that. Currently our AOS is re-opened, a very rare event. They will only do so if you can prove they made an error. In our case, they were mistyping our A number -- don't know if that was sufficient. The reason we filed the appeal is that we had already had a baby and we were not going to separate mom and baby or live another year (slow field office here) with an unclear legal status.

 

So, even though you know you weren't married, it will be expensive and slow to prove that, and you may be unsuccessful. However, it is cheaper and more convenient to arrive on a spouse visa: automatic green card and work and travel privileges. 

 

And, you will have had 3 weddings (our civil wedding downtown the day after she arrived was actually a lot of fun).

 

Sorry for this outcome.

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Filed: AOS (apr) Country: Cyprus
Timeline

No you can not appeal a refused and returned K1.
You do not have to withdraw it when filing a CR1 immediately, it will automatically be administratively closed/expire.

You can try contacting your senator and have them request the CO take a look at your certificate of singlehood (we do not
have this in the US but if you have it in your country you can try) and stress the fact that your  'ceremony' was not registered and request

a second interview to clarify this issue.
This is a snowball's chance in hell but you have nothing to lose by trying. This has to be done immediately before the petition is returned.
Once it has been returned it will not be looked at again no matter what you do.

 


 

 

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: K-1 Visa Country: Wales
Timeline

Would be interesting to know the details, what did they do, how did the Consulate know?

“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: AOS (apr) Country: Cyprus
Timeline
5 minutes ago, Boiler said:

Would be interesting to know the details, what did they do, how did the Consulate know?

OP stated that they told the consulate about the ceremony.

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: K-1 Visa Country: Wales
Timeline

Then why?

 

What was the nature of the ceremony?

“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: Afghanistan
Timeline
3 hours ago, SophieTheGamer said:

Okay everyone, I stated in my last post that yes we were planing an unofficial wedding which was already planned before I asked that question and the petition was already filed before that to, so no matter how many times you tell me how stupid I was for doing it. It was already done before I posted asking about unofficial weddings. I have a 94 year old grandmother who cannot fly that I'm basically Doing this for. Don't assume things before knowing the story. I asked a question which was answered and I appreciate the people who have been very helpful, but it's unessesary to post stupid replies saying " well you should have listened before " it's bad luck on my part and we will pursue the CR-1. 

I hope u didn't take my reply as saying u are stupid.  Alot of us on here are waiting to be reunited with our loved ones.  When I see things like this (which are mistakes that didn't have to happen)I become very frustrated. I'm on here because these ppl help me get through the process and offer great advice and really educate me. I just want you to know that I wasn't trying to be mean and I'm very sorry if it came out that way. I really hope u the best😊 I also hope this process goes by fast for u. The ppl on this site are going to tell you like it is..whether it be negative or positive..but we are all here for eachother and we are here for u😉 Goodluck girl😆

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