K1 visa petition denied

[ishee 0]

hi, our k1 visa petition was denied last june 2018 due to provisions section101(previously met in person within 2 years of filling the petition), when can we refile, or do we need to widraw the case? my fiance will fly back here this coming september

[Paul & Mallory 1,398]

If the application was denied, I would imagine there's no need to withdraw anything.

 

If you were denied for not meeting the required/specific qualifications (having met in person within the last 2 years prior to filing), then there's no point in re-applying until this requirement has been met. In other words - if you haven't met in person within that timeframe, make sure you meet in person (sufficiently) before filing again, and have proof supporting this when you do re-apply.

[Sarac9 1,122]

20 minutes ago, ishee said:

hi, our k1 visa petition was denied last june 2018 due to provisions section101(previously met in person within 2 years of filling the petition), when can we refile, or do we need to widraw the case? my fiance will fly back here this coming september

You can refile right away because appealing will cost more money and the resuly will be the same.. 

I am so sorry. It happened to me and my fiance too

 We refiled after satusfying that requirement and we were approved. 

Good luck 

[ishee 0]

Just now, Paul & Mallory said:

If the application was denied, I would imagine there's no need to withdraw anything.

 

If you were denied for not meeting the required/specific qualifications (having met in person within the last 2 years prior to filing), then there's no point in re-applying until this requirement has been met. In other words - if you haven't met in person within that timeframe, make sure you meet in person (sufficiently) before filing again, and have proof supporting this when you do re-apply.

when can we file the petition again?

[ishee 0]

1 minute ago, Sarac9 said:

You can refile right away because appealing will cost more money and the resuly will be the same.. 

I am so sorry. It happened to me and my fiance too

 We refiled after satusfying that requirement and we were approved. 

Good luck 

is said that we need to wait six months before we file again is it true? or like you guys can we file again right away?

[Paul & Mallory 1,398]

Once you have met the requirements that caused you to be denied the first time. Applying again before then will result in the same outcome.

 

If you need a specific timeframe between being denied and reapplying, there is none - just make sure you cover what is required beforehand.

[Little_Vixen 1,869]

2 minutes ago, Paul & Mallory said:

If the application was denied, I would imagine there's no need to withdraw anything.

 

If you were denied for not meeting the required/specific qualifications (having met in person within the last 2 years prior to filing), then there's no point in re-applying until this requirement has been met. In other words - if you haven't met in person within that timeframe, make sure you meet in person (sufficiently) before filing again, and have proof supporting this when you do re-apply.

 

1 minute ago, ishee said:

when can we file the petition again?

You quoted the answer to the question my friend. I bolded it in red for you. Meet the requirement you failed on last time, which was meeting at least once in person within two years up to filing the K1. After that you can refile again.

[ishee 0]

1 minute ago, Paul & Mallory said:

Once you have met the requirements that caused you to be denied the first time. Applying again before then will result in the same outcome.

 

If you need a specific timeframe between being denied and reapplying, there is none - just make sure you cover what is required beforehand.

so when he fly back here on september then he can file the petition once he came back on october

[Paul & Mallory 1,398]

2 minutes ago, Little_Vixen said:

 

You quoted the answer to the question my friend. I bolded it in red for you. Meet the requirement you failed on last time, which was meeting at least once in person within two years up to filing the K1. After that you can refile again.

The bolded quote was me, not the OP.  I was responding to them as well.

 

Edit - sorry, reread it again. I think you were just pointing that response back out to the OP. My bad

 

Edited July 6, 2018 by Paul & Mallory

[Roel 7,192]

Don't forget to provide proofs of meeting in person. Photos, passport stamps, plane tickets, etc.

 

Did you actually ever meet? I mean, it's not that easy to miss the most important requirement of K1 visa..

[ishee 0]

3 minutes ago, Little_Vixen said:

 

You quoted the answer to the question my friend. I bolded it in red for you. Meet the requirement you failed on last time, which was meeting at least once in person within two years up to filing the K1. After that you can refile again.

thank you for the infos 😊

[Paul & Mallory 1,398]

1 minute ago, ishee said:

so when he fly back here on september then he can file the petition once he came back on October

If I'm understanding your question, you're asking if your petitioner/partner can re-apply in October AFTER visiting with you in September, correct? If so - yes. That would technically be fulfilling the requirement, as it doesn't state you have had to have met more than one time in the last 2 years. My advice, however, considering you guys have been denied once now, is to make it as long of a visit as possible. Make sure there's plenty of evidence (boarding passes, stamped passports if applicable, photos together, etc.). Particularly if you have not met before at all.

[ishee 0]

2 minutes ago, Roel said:

Don't forget to provide proofs of meeting in person. Photos, passport stamps, plane tickets, etc.

 

Did you actually ever meet? I mean, it's not that easy to miss the most important requirement of K1 visa..

yes he stayed here almost one year, he fly back to US after i gave birth to our son

[ishee 0]

1 minute ago, Paul & Mallory said:

If I'm understanding your question, you're asking if your petitioner/partner can re-apply in October AFTER visiting with you in September, correct? If so - yes. That would technically be fulfilling the requirement, as it doesn't state you have had to have met more than one time in the last 2 years. My advice, however, considering you guys have been denied once now, is to make it as long of a visit as possible. Make sure there's plenty of evidence (boarding passes, stamped passports if applicable, photos together, etc.). Particularly if you have not met before at all.

thank you for all the infos 😊

[Paul & Mallory 1,398]

6 minutes ago, ishee said:

yes he stayed here almost one year, he fly back to US after i gave birth to our son

How long ago was that before you guys filed for the K1?