K1 visa denied

[milock 1]

they mailed a decision noticed that our K1 visa denied because of the under provision of section101, it said that we must met in person within 2 years before tha date of filling the petition, my husband is almost 3 years not coming back here in the philippines, is there any possible that we can appeal? 

[TBoneTX 46,276]

No chance.  He needs to visit again, and then he can file a new petition.

And how is he your husband, yet you're talking about a K-1?

[Pinkrlion 2,724]

If he is your husband, why are you filing a K-1?

 

[mushroomspore 3,044]

Well did you actually see each other face to face within the last 2 years? What proof did you provide? And why are you calling him your husband if you're supposed to be unmarried for K1?

 

If you haven't seen him in 3 years, then you've unfortunately wasted money and time as the main requirement of the K1 is that the couple have met at least once in the past 2 years. If he is your HUSBAND as well, you've wasted money as K1 is the incorrect visa.

Edited June 22, 2018 by mushroomspore

[x_driven_x 1,778]

51 minutes ago, milock said:

they mailed a decision noticed that our K1 visa denied because of the under provision of section101, it said that we must met in person within 2 years before tha date of filling the petition, my husband is almost 3 years not coming back here in the philippines, is there any possible that we can appeal? 

You mean you didn't even read the requirements of the visa you were applying for, before you applied for it?

 

1) You have to have been together, in person, within the previous 2 years. No getting around that.

2) If he is your husband, the K-1 is not for you, you want the CR-1 visa.

[milock 1]

i mean my fiance not my husband, there is someone 

1 hour ago, milock said:

they mailed a decision noticed that our K1 visa denied because of the under provision of section101, it said that we must met in person within 2 years before tha date of filling the petition, my fiance is almost 3 years not coming back here in the philippines, is there any possible that we can appeal? 

 

[geowrian 22,338]

Mistaking a fiance and a spouse can result in some major issues down the road. Using the term "husband" in front of a CO when applying for a K-1 visa can result in a refusal.

 

You must have met in person at least once prior to filing the I-129F. If you did not do so, then the denial was correct and there is no basis for an appeal.

If you did meet within the 2 years prior to filing the I-129F, then what evidence of this meeting/meetings did you provide?

 

It's probably best to meet again, marry, then start over with an I-130 for a CR-1 visa.

That said, not seeing each other in ~3 years is going to raise some serious questions. More visits before marrying and/or more visits while the process is ongoing is highly suggested.

[debbiedoo 2,339]

one of the PRIMARY requirements for theK1 is that you met in PERSON WITHIN 2 YEARS OF THE FILING DATE. You failed to meet that very basic requirement.

 

If you want to continue, you need to meet, get married, and file a CR1. Multiple meetings are strongly encouraged.

 

 

[Going through 5,671]

4 hours ago, milock said:

is there any possible that we can appeal? 

No, there is no appeals process available for K-1 visas.

 

Options:

 

Meet up again, and then refile a new K-1.

You get married in your country, and he files the CR-1.

[Cyberfx1024 7,980]

6 hours ago, milock said:

they mailed a decision noticed that our K1 visa denied because of the under provision of section101, it said that we must met in person within 2 years before tha date of filling the petition, my husband is almost 3 years not coming back here in the philippines, is there any possible that we can appeal? 

As others have noted you haven't met the basic requirements for a K1 visa which is having met within the last 2 years and thus the reason for denial. So at this point in time there is no case for an appeal. You two should meet and refile the K1 again.

[Jojo92122 1,924]

6 hours ago, milock said:

they mailed a decision noticed that our K1 visa denied because of the under provision of section101, it said that we must met in person within 2 years before tha date of filling the petition, my husband is almost 3 years not coming back here in the philippines, is there any possible that we can appeal? 

You can not appeal for failing to satisfy the requirement to meet within 2 years before the date of filing the petition.  In order to win an appeal, you need to show that US Government made a mistake.  The mistake is yours for not meeting this basic requirement for the K-1 visa, so there is no way you can win an appeal.  An appeal would be a waste of time and money.

 

Have your fiance visit again.  Meet to qualify for the K-1, or meet to marry and start the CR-1 spousal visa process.

Edited June 22, 2018 by Jojo92122

[mcdull 474]

9 hours ago, milock said:

they mailed a decision noticed that our K1 visa denied because of the under provision of section101, it said that we must met in person within 2 years before tha date of filling the petition, my husband is almost 3 years not coming back here in the philippines, is there any possible that we can appeal? 

have you met at all?

[TNJ17 1,329]

9 hours ago, milock said:

they mailed a decision noticed that our K1 visa denied because of the under provision of section101, it said that we must met in person within 2 years before tha date of filling the petition, my husband is almost 3 years not coming back here in the philippines, is there any possible that we can appeal? 

Nope. No way around that one. You should have known that when you filed. That’s like one of the requirements of K1. 

[David & Diana R 1,005]

17 hours ago, milock said:

they mailed a decision noticed that our K1 visa denied because of the under provision of section101, it said that we must met in person within 2 years before tha date of filling the petition, my husband is almost 3 years not coming back here in the philippines, is there any possible that we can appeal? 

NO!

[pushbrk 13,174]

20 hours ago, milock said:

they mailed a decision noticed that our K1 visa denied because of the under provision of section101, it said that we must met in person within 2 years before tha date of filling the petition, my husband is almost 3 years not coming back here in the philippines, is there any possible that we can appeal? 

Did the notice say a visa was denied?  It sound like the petition was denied.  Same answer.  You cannot appeal a correct decision.  There is no actual exception to the requirement to be together in person during the two years immediately prior to filing the petition.

 

However, you refer to a husband.  If you are married, there could NEVER be a K1 visa for you.