K1 Interview Denial

[GP1977 288]

Just now, debbiedoo said:

it might be technically true but is never done.

 

he will not be able to appeal his denial.

False. It has been done via a consular general review of their decision.   USCIS doesn't do it anymore there are cases where it has been done prior to leaving the consulate.

[debbiedoo 2,339]

Just now, GP1977 said:

False. It has been done via a consular general review of their decision.   USCIS doesn't do it anymore there are cases where it has been done prior to leaving the consulate.

show me recent cases.

[GP1977 288]

2 minutes ago, RKRK said:

according to the CEAC case status, it states "Returned To NVC" as of Nov 21, 2018.

Then you must withdraw as others have stated get married and file the CR1

[Crazy Cat 41,848]

9 minutes ago, RKRK said:

according to the CEAC case status, it states "Returned To NVC" as of Nov 21, 2018.

You will not be able to appeal.  It will expire at USCIS.  

[GP1977 288]

9 minutes ago, debbiedoo said:

show me recent cases.

did a quick search. have to run out now but here is one case from 2014 and I am sure there are more recent ones.

 

https://www.sashavisalaw.com/success-stories/

In October 2014, we overturned the decision of the U.S. Consulate in Caracas to deny the issuance of a K-1 fiance visa for a gay couple because they had not met in person during the past 2 years.  Our office was able to get the Consulate to agree that no waiver was necessary because the U.S. Petitioner had documented his significant medical condition which prevented him from traveling to see his partner in Venezuela.

 

 

[debbiedoo 2,339]

1 minute ago, GP1977 said:

did a quick search. have to run out now but here is one case from 2014 and I am sure there are more recent ones.

 

https://www.sashavisalaw.com/success-stories/

In October 2014, we overturned the decision of the U.S. Consulate in Caracas to deny the issuance of a K-1 fiance visa for a gay couple because they had not met in person during the past 2 years.  Our office was able to get the Consulate to agree that no waiver was necessary because the U.S. Petitioner had documented his significant medical condition which prevented him from traveling to see his partner in Venezuela.

 

 

as i said. show me RECENT cases.

[GP1977 288]

21 minutes ago, debbiedoo said:

as i said. show me RECENT cases.

Unfortunately most people on VJ dont came back to report good news, most only come here when they have a problem. 

 

However, I got you a case and I'll look for more recent ones, but why don't you show me a statute where it says they don't.  I have a statute and at lease 1 case where they have and you have shown me nothing.

 

[debbiedoo 2,339]

1 minute ago, GP1977 said:

Unfortunately most people on VJ dont came back to report good news, most only come here when they have a problem. 

 

However, I got you a case and I'll look for more recent ones, but why don't you show me a statute where it says they don't.  I have a statute and at lease 1 case where they have and you have shown me nothing.

 

oh noooo you want to prove me, and others wrong.

 

be my (our) guest.

 

The fact of the matter is that while, in THEORY, you can appeal a K1 denial, it is no longer done. And for the cases where you MIGHT be able to get it in, it would be due to a fairly massive error on the part of the consulate.OPs situation would not qualify as such. Then, the time frame to appeal and go through all that again, makes getting married and filing a CR1 a much more viable and faster option.

 

But you know so much, so please, by all means, educate me (us)

[Crazy Cat 41,848]

3 minutes ago, GP1977 said:

However, I got you a case and I'll look for more recent ones, but why don't you show me a statute where it says they don't.  I have a statute and at lease 1 case where they have and you have shown me nothing.

 

There is no statute....but it is USCIS policy.  We have seen case after case which was left to expire at USCIS...  

[debbiedoo 2,339]

2 minutes ago, missileman said:

There is no statute....but it is USCIS policy.  We have seen case after case which was left to expire at USCIS...  

but he knows so much more than we do.

 

I'll just sit here and wait to learn something.

[GP1977 288]

1 minute ago, missileman said:

There is no statute....but it is USCIS policy.  We have seen case after case which was left to expire at USCIS...  

I am talking about getting a consular review before the case is sent back to NVC and then back to USCIS.   I agree that once it gets to USCIS it will expire.

 

Just now, debbiedoo said:

but he knows so much more than we do.

 

I'll just sit here and wait to learn something.

You are the know-it-all. lol. I already showed you a case where it happened.

 

[debbiedoo 2,339]

1 minute ago, GP1977 said:

I am talking about getting a consular review before the case is sent back to NVC and then back to USCIS.   I agree that once it gets to USCIS it will expire.

 

You are the know-it-all. lol. I already showed you a case where it happened.

 

from FOUR YEARS AGO.

 

show recent.

[mushroomspore 3,044]

1 hour ago, GP1977 said:

did a quick search. have to run out now but here is one case from 2014 and I am sure there are more recent ones.

 

https://www.sashavisalaw.com/success-stories/

In October 2014, we overturned the decision of the U.S. Consulate in Caracas to deny the issuance of a K-1 fiance visa for a gay couple because they had not met in person during the past 2 years.  Our office was able to get the Consulate to agree that no waiver was necessary because the U.S. Petitioner had documented his significant medical condition which prevented him from traveling to see his partner in Venezuela.

 

 

Except the OP was deemed "too married" for the K1 fiancé(e) visa. Even if OP asked for consular review, he has been deemed ineligible on the visa's most important requirement: being unmarried and being engaged ONLY. This case you quoted is not the norm and waiving the in-person-meeting-within-2-years requirement happens VERY rarely. In fact this is the first time I've heard of anyone successfully waiving it. Don't give people false hope. That case is not at all synonymous with OP's. OP needs to get fully married and file CR1.

Edited November 25, 2018 by mushroomspore

[mushroomspore 3,044]

42 minutes ago, GP1977 said:

I am talking about getting a consular review before the case is sent back to NVC and then back to USCIS.   I agree that once it gets to USCIS it will expire.

And OP added the case has been sent back to NVC so why even bring up consular review at all?

 

[GP1977 288]

Just now, mushroomspore said:

And OP added the case has been sent back to NVC so why even bring up consular review at all?

 

Go back and read the entire thread again in chronological order please and you will answer your own question.