What happens when you get denied

[Falcon Cara 378]

4 minutes ago, missileman said:

You have seen a K-1 sent back to USCIS for that?

I have seen and know a handful who never got their visa due to not meeting Support requirements.

[Jeanne Adil 1,651]

At the actual interview for the visa?

the CO sees there is reason to believe the relationship is not real

they may think the bene is using the USC to come to the USA and get the green card

can be a number of reasons

1   the bene is not familiar enough with the USC and family

2   the bene is getting money from the USC

3   the age difference is huge 

4   there is a difference in religions

5   the 2 people have not been together for many visits and know little about each other,  the cultures and the norms for what is expected for a real relionship

6  the beneficary is poorly equipted for the interview for any and all of the above

7   plus a number of other factors like too many divorces,   etc

[Scandi 4,171]

2 hours ago, DaveAndAnastasia said:

Unless the reason for denial was improper payment or the wrong version of the form so they didn't take your money to begin with, yes.

What you're describing is a rejection, not a denial. Two very different things in regards to time and money spent.

[Amadia 711]

3 hours ago, Moca_Madness said:

Question: What happens if your petition is denied? Has anyone been denied? What are the steps afterwards?

If you got a letter stating the reason for denial, it should (?) also include means of fixing the petition so that you can re-file it. Did you get any kind of letter stating why it was denied?

[SalishSea 17,936]

14 minutes ago, Amadia said:

If you got a letter stating the reason for denial, it should (?) also include means of fixing the petition so that you can re-file it. Did you get any kind of letter stating why it was denied?

OP's timeline would indicated they've only just filed the petition....

[Moca_Madness 12]

I am asking to see what it looks like. I just filed but all I see is what happens when couples are successful. So I am asking what the other end looks like. Have to be prepared for anything!

[Crazy Cat 41,982]

9 minutes ago, Moca_Madness said:

I am asking to see what it looks like. I just filed but all I see is what happens when couples are successful. So I am asking what the other end looks like. Have to be prepared for anything!

Oh, you will see denials......just hang around.....they happen pretty frequently.  Usually, the poster will say something like ".....returned to USCIS...."

[JFH 12,190]

6 minutes ago, Moca_Madness said:

I am asking to see what it looks like. I just filed but all I see is what happens when couples are successful. So I am asking what the other end looks like. Have to be prepared for anything!

No need to worry about that. The petition is a separate matter to the visa. If you're seeing people talking about denials here, it's unlikely that they are talking about the petition.

 

The petition is just to check that there is a legal path of eligibility for the immigrant. So for a K-1 visa the I-129F petition is to establish:

 

- the immigrant and the American have met at least once in person in the last 2 years

- the immigrant and the American are both free to marry (i.e not already married to someone else or each other, old enough to marry, not related in a way that makes marriage illegal)

- the immigrant and the American have supplied written letters stating that they understand they are to marry within 90 days of the immigrant's arrival in order to proceed with the next stage

- the petitioner is a US citizen

- the American has not committed certain crimes that exclude him/her from bringing a foreign fiancé to the US (google 'Adam Walsh Act' for a list of those crimes)

 

If you meet all of those, and you enclose the correct fee and supporting documents per the instructions, you're good. An approved petition just means the immigrant has a valid, legal path to apply for a visa. It doesn't mean that the immigrant will get a visa, merely that he or she will be eligible to apply.

[Moca_Madness 12]

The one thing that concerns me is that I am 20 years older than my fiance. We have been together over a year. I want to avoid that pitfall.

[Crazy Cat 41,982]

6 minutes ago, Moca_Madness said:

The one thing that concerns me is that I am 20 years older than my fiance. We have been together over a year. I want to avoid that pitfall.

In your case, I don't see it as a huge issue....but this kind of issue is usually overcome with several visits...

[Moca_Madness 12]

Well that a good thing I haed back two more time by October

[Ash.1101 1,756]

The more time you spend together the better. Keep plane tickets, passport stamps, everything you can.

[corvusheart 163]

Most of the time they will give you a second chance and submit a RFE. Unless it's a error in payment or not meeting the financial requirement.

[civilservant 42]

7 hours ago, corvusheart said:

Most of the time they will give you a second chance and submit a RFE. Unless it's a error in payment or not meeting the financial requirement.

 

Not sure that this is that valid since the new rule interpretation came into effect. Failure to submit all required documents is now grounds for a denial in the first instance (ie before an RFE)

[Dataunavailable 82]

22 hours ago, Moca_Madness said:

I am asking to see what it looks like. I just filed but all I see is what happens when couples are successful. So I am asking what the other end looks like. Have to be prepared for anything!

We were denied at the embassy interview for K1. Due to them not believing it was legitimate, not displaying adequate intent to marry. The petition is now going back to USCIS and USCIS has told me as of Tues,  they are going to review it. So fingers crossed they reaffirm.