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SophieTheGamer

K-1 Visa Denied, what now? Appeal?

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44 minutes ago, N-o-l-a said:

 

I've probably read it close to a 100 times if not more now on VJ, but I've been here a while.

 

They even deny people for engagement parties that look too much like a wedding.

Yep, it doesn't even have to be your own event for them to get the wrong idea. I got grilled at my aos (adjustment of status) interview as the officer took a photo of us at someone else's wedding the wrong way. I only put the photo in as it is my husbands favorite one of us and we are blatantly at least 5 years younger in it. She only backed off when I offered to get a copy of the marriage certificate showing that my husband had been the witness at that wedding.

 

The interviewers English skills were quite lacking though <_< Really hope I don't get her for my naturalization interview

K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

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9 minutes ago, lacolinab13 said:

From OP's posts, it appears the petition was denied. They never got to the consular stage.

Actually, that appears to be the case from their timeline. So the K-1 wasn't denied, the I-129F was. At least that's only 4 months and $535 wasted, not the full ~$1000 and few extra months.

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: AOS (apr) Country: Cyprus
Timeline
58 minutes ago, lacolinab13 said:

From OP's posts, it appears the petition was denied. They never got to the consular stage.

You seem to be correct according to their timeline. I read K1 denied and it should have been I-129 denied.

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: Malaysia
Timeline
7 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. 

It is great to hear that now you will pursue with CR-1. Good luck with that! 😃 I just notice the same thing what other person noticed too. Your petition is the one that got rejected. I assuming that you got a RFE about other things but you take that chance to explaining to them to them about your unofficial marriage. One thing that I learned from this website, never offer information if they are not asking for. It is good that you want to be honest. But, offering information that are not needed will hurt sometime. Look at this from the positive side, since you will pursue with CR-1 now, your grandmother will be able to attend your wedding! I believe that she will be super duper happy with that! 😄

Edited by MalaysiaUS

DISCLAIMER: I'm not working with USCIS/NVC and never work with them. All my comment based on my own experience and what I read. 

 

"When you have a fight with your partner, remember that it is not you against your partner but it is both of you against the problem" :) 

 

 
I-129F Sent : 2017-05-12

I-129F NOA1 :

I-129F NOA2:

2017-06-17

2017-11-29 (Date on hard copy) / 2017-11-30 (Date USCIS Website/Online Tracker App)

NVC Received Date:                 2018-01-16

NVC Case No. assigned:         2018-01-16

NVC Left:                                    2018-01-20

Consulate Received:                2018-01-22

Packet 3 Received:                   2018-01-27

Packet 3 Sent:                           2018-01-27

Interview Date:                          2018-03-08

Visa Received:                          2018-03-13

US Entry:                                    2018-03-19

SSN Application:                      2018-04-03

SSN Received:                          2018-05-02

Marriage:                                   2018-05-05

Marriage Certificate

Received:                                   2018-05-15

Change name in SSN:             2018-06-04

AOS, AP & EAD submitted:    2018-07-06

NOA 1 (email):                          2018-07-10

NOA 1 (mail):                            2018-07-16

Biometric app:                          2018-08-09

EAD & AP Received:                2018-xx-xx

AOS Interview:                          2018-09-24 
Approval/Denied:                      Approved 

Green Card Received:             2018-09-29

 

 

 

 

 

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3 hours ago, desilove77 said:

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😆

I do share the same sentiment about being frustrated, I just reserved the comment as there were many already sharing same but she was so close to be closer to her loved one and now this! we're humans after all and make mistakes. I hope she can marry and start with CR1 as soon as possible. Really unfortunate to hear that.

Went through a B2 Visa interview recently? Share your experience >>> HERE <<< (VJ thread)

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Filed: K-1 Visa Country: Colombia
Timeline
On 7/1/2017 at 1:22 AM, SophieTheGamer said:

Hey Everyone,

 

So we got some pretty sad news that our Fiance Visa was denied.  We were denied because we told them about our unofficial wedding in Australia. We stated very clearly that the ceremony in Australia was unofficial we can provid paperwork stating that we are not married , they are confused and state that they think we are getting married in Australia. They ended up saying although we did meet the requirements for intention to marry they felt that our implied marriage barred us from the K1 Process. I did read on this site of some people receiving denial due to being "Too Married" in the USCIS eyes.

 

We were given the option to appeal for the fee of $675 USD. So Im wondering if its worth appealing, we can provide a certificate of single status to show that we are not married and a letter from the person performing our commitment ceremony stating it is not an official ceremony but is this

really going to help. Would it be better to apply for a spousal visa and get married here in Australia?

 

 

Hi sweetie. How are you? What piece of the application did you present that you were married? Why did it take so long for them to send you an RFE

Sorry I feel for you.

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