K1 Interview Denial

[debbiedoo 2,339]

1 hour ago, AKR said:

 

Shall i withdraw my k1 application and apply for cr1(as in my case i was religiously married and also got it registered with local authorities).

 

You were not eligible for a K1 in the first place.

[mushroomspore 3,044]

 

3 hours ago, bad4tatt said:

 

"K1 Fiance Visas are generally denied when the Petitioner fails to meet the requirements of a Fiance Visa, when the forms are incorrectly filled out and never corrected, our when there is a lack of evidence to support the claim of a genuine relationship.

There are several options available to you if your K1 Fiance Visa has been denied. But, before deciding upon a course of action, you must first determine if the denial was made at the USCIS stage or at the Consular level (Embassy).

If your K1 Fiance Visa has been denied by USCIS, you have the right to an appeal. You must file your appeal with USCIS within 30 days of the date that your petition was denied. You will have to submit your appeal on form I-290B with the filing fee. The other option is to withdraw your first petition with a “letter of withdraw” and then file again. For many reasons, costs being one of them, this is a good option.

If your K1 Fiance Visa was denied at the Consular level, you can immediately ask for a Consulate General review of the decision. Check the Embassy website for the procedures for such a review. This option is available to you until the Embassy returns your case to USCIS for further processing.

If your case has already been returned to USCIS for further processing, you can USCIS to reaffirm their original approval and resubmit your application to the Embassy for a second time. Keep in mind, this process can take a very long time and for that reason, you may be best to simply withdraw your petition and then re-file."

So you quoted from marriagevisaattorney.com, which, hey, the OP posted about right here:

 

13 hours ago, RKRK said:

just a random find on google:

 

https://www.marriagevisaattorney.com/call-it-an-engagement-ceremony/

 

this guy, who is apparently a lawyer, is of the opinion that as of Nov 2, 2018, you can do exactly what VJ members are advising against

 

😲😒

 

[RKRK 2]

7 hours ago, AKR said:

Where do you see that status? My case is more or less the same where i was denied k1 visa for the same reason. But i wasnt given any refusal letter, neither by hand nor in my mailing address and its been 13 days since my interview was done. 

What should be my next course of action as i havnt got any form of formal refusal letter. If i apply for cr1, would it create an issue as if my K1 petition was already in process etc? While i was actually denied a visa by CO stating i should apply for a cr1 with true dates, because i am married .

https://ceac.state.gov/ceacstattracker/status.aspx

 

if you have your NVC Case number, you can follow your progress there. call them if anything. for K1 visas, select immigrant visa for the link btw.

 

as for the rest of your questions, im not sure im qualified to give you any advice as im in a situation of my own. all i can tell you is that my fiance was given her passport back during the interview along with the paper(document) I posted in my first post here. and then the NVC case status changed to "Returned To NVC."

 

[RKRK 2]

UPDATE:

 

I sent out my letter of withdrawal to the USCIS service center noted on my NOA2, with a copy of my NOA2, telling them of my intention to withdraw as I will be officially getting married. i sent it via speed post (it should be there tomorrow afternoon). for better or worse, the NOA2 has already expired (unless they extend it for "further review and possible revocation.") at the time of mailing out my withdrawal letter today. I also emailed NVC informing them of the same, as well as the reason, on their public online inquiry link. i dont know if itll be beneficial or detrimental to us, but it seemed like the only thing i could do.

 

the rest is in gods hands man.

ive already booked flights  and set up an appt. for the no objection certificate to get married abroad.

and though i was only able to get a few weeks off from work, ill be glad to see my fiance and get officially married, after waiting an entire year.

if we get denied..then..i really dont know what i will do. its like analysis paralysis the longer i linger on VJ.

so we only live once. do we stress duration? or quality?

 

anyway, good luck to the others in a similar situation. i hope it works out. for us and everyone else.

[RKRK 2]

Question: 

 

moving forward with the CR1 application, after you marry your fiance, do you use the Alien Registration Number they provided your fiance when they first approved your i129F petition? or do they discard that number if your K1 fell through/is withdrawn before or after approval/denied/revoked, and you just leave it blank when filing the i130?

[Boiler 45,525]

You keep the same number.

[TM92 527]

2 minutes ago, RKRK said:

moving forward with the CR1 application, after you marry your fiance, do you use the Alien Registration Number they provided your fiance when they first approved your i129F petition?

If it is an eight- or nine-digit number, then yes keep it: https://www.uscis.gov/tools/glossary/number

[RKRK 2]

 

The main issue is here for me. This is taken directly from the i130 page 8 of 12.

on Part 5, Question 5, what exactly would I put for my i129F petition/fiance's K1 application outcome?

 

is it saying petition only (the i129F only and not the visa application)? in which case i would put APPROVED for the i129F that i filed? or is it now Pending since I sent my Withdrawal request just this afternoon, not knowing if it has even been officially Denied or allowed to expire. Is putting Expired a possible option here? According to that piece of paper my fiance was given, it could still possibly be Revoked too..

 

or should i wait a few weeks and call USCIS to find out what they officially consider my case now?