k1 Fiance Visa Refused and Received Termination Notice

[Crazy Cat 41,288]

 

3 minutes ago, Robin19 said:

Will she be able to come to US eventually if that happens (denial of spousal visa)? Thanks.

She has a much better chance of coming to the US after an expired K-1 petition than if misrepresentation was found.  Misrepresentation triggers a lifetime bar from entering the US......but prior intent to immigrate can affect future attempts to gain entry via non-immigrant routes.

Edited July 16, 2019 by missileman

[Dashinka 24,150]

2 minutes ago, Robin19 said:

Don't they take it as a misrepresentation which can be taken as a fraud?

As @geowrian said, the reason a denied K1 is sent back to eventually allow the petition to terminate is to avoid the potential for misrepresentation.  Of course as you go through the spousal visa process after you legally marry, you will have to disclose that a K1 was applied for and denied.  That however is relatively common particularly for some countries, so I would focus on that at this point assuming that is what the two of you decide.  The other option of course is for you to go there.

 

Good Luck!

[Robin19 3]

13 minutes ago, Nitas_man said:

In the case of K1 the case is returned and it languishes until it expires.  

It does not sound like you were told exactly what was missing so it could be any combination of the things that you guessed, including the photos that even you called “wedding pictures”.  Many times K1 visas are denied because it looks like the couple had a wedding ceremony.

Did you email the embassy at all and get any information before the case was returned?

Your only option seems to be to return and marry then file an I-130 for spousal visa.  

 

Yeah, like out of many possible reasons I also think that the CO might have taken my engagement pictures as wedding pictures. I emailed and faxed them a formal letter after the interview requesting them to give me reason but they replied back to my email within 2 days telling me that I need to contact USCIS as they are sending the petition back to them. It was a very fast action, I thought they would take a couple of months to send my petition back to USCIS.

[Crazy Cat 41,288]

Just now, Robin19 said:

Yeah, like out of many possible reasons I also think that the CO might have taken my engagement pictures as wedding pictures.

If that is truly the case, then a legal, documented marriage would be the next logical step...

[Daphne . 1,825]

1 minute ago, Robin19 said:

Will she be able to come to US eventually if that happens (denial of spousal visa)? Thanks.

For a visit you mean? It is unlikely for somebody to get a visitor’s visa approved with proven pas immigrant intent (which would be the spousal visa). 

 

Obviously if the spousal visa gets denied too, she will need another visa which might be tricky.

 

But there is no reason that the spousal visa would be denied just because the K1 was denied. When you decide to get married and apply for the spousal visa, make sure that you have plenty of visits so your relationship will develop further.

 

And as I stated before, living in the US should not be the end goal, right? Being married and being able to be together would be the goal I assume?

[Dashinka 24,150]

1 minute ago, Robin19 said:

Yeah, like out of many possible reasons I also think that the CO might have taken my engagement pictures as wedding pictures. I emailed and faxed them a formal letter after the interview requesting them to give me reason but they replied back to my email within 2 days telling me that I need to contact USCIS as they are sending the petition back to them. It was a very fast action, I thought they would take a couple of months to send my petition back to USCIS.

This is a very common problem with many couples, big lavish engagement parties, religious engagement ceremonies that look too much like a wedding. 

[Robin19 3]

3 minutes ago, Daphne K said:

For a visit you mean? It is unlikely for somebody to get a visitor’s visa approved with proven pas immigrant intent (which would be the spousal visa). 

 

Obviously if the spousal visa gets denied too, she will need another visa which might be tricky.

 

But there is no reason that the spousal visa would be denied just because the K1 was denied. When you decide to get married and apply for the spousal visa, make sure that you have plenty of visits so your relationship will develop further.

 

And as I stated before, living in the US should not be the end goal, right? Being married and being able to be together would be the goal I assume?

Thanks for the reply. I meant if she will ever be able to get a spousal visa if the spousal visa gets denied first time because let's assume there was something serious on her profile because of the K1 visa denial. I am just assuming the worst scenario.

[Robin19 3]

10 minutes ago, Bill & Katya said:

As @geowrian said, the reason a denied K1 is sent back to eventually allow the petition to terminate is to avoid the potential for misrepresentation.  Of course as you go through the spousal visa process after you legally marry, you will have to disclose that a K1 was applied for and denied.  That however is relatively common particularly for some countries, so I would focus on that at this point assuming that is what the two of you decide.  The other option of course is for you to go there.

 

Good Luck!

Thanks again. Do you mean by terminating a petition USCIS basically remove the "misrepresentation" tag from the beneficiary's profile?

[Crazy Cat 41,288]

1 minute ago, Robin19 said:

Thanks for the reply. I meant if she will ever be able to get a spousal visa if the spousal visa gets denied first time because let's assume there was something serious on her profile because of the K1 visa denial. I am just assuming the worst scenario.

Unnecessary worry is not a good thing in this process.

Step 1:  Determine the reason the K-1 was returned to USCIS

Step 2:  Develop a plan to overcome the reason.

Step 3:  Re-start the petition process 

[Dashinka 24,150]

1 minute ago, Robin19 said:

Thanks for the reply. I meant if she will ever be able to get a spousal visa if the spousal visa gets denied first time because let's assume there was something serious on her profile because of the K1 visa denial. I am just assuming the worst scenario.

One note I should add about the spousal visa, it will not be simply a visit or a trip to a third country get married and file, facetime and comingling a married life is definitely important.  Plan on multiple trips, and it may help for you to also be there when the interview eventually comes up.

[Robin19 3]

6 minutes ago, Bill & Katya said:

This is a very common problem with many couples, big lavish engagement parties, religious engagement ceremonies that look too much like a wedding. 

Yeah. I think people should consider this fact if the intend to apply for a fiance visa.

[Daphne . 1,825]

2 minutes ago, Robin19 said:

Thanks for the reply. I meant if she will ever be able to get a spousal visa if the spousal visa gets denied first time because let's assume there was something serious on her profile because of the K1 visa denial. I am just assuming the worst scenario.

1) The denial of her K1 visa in itself would not be the reason for a denial of her spousal visa

2) In case her K1 visa was denied because of a serious issue (and I mean really serious) then the spousal visa could be denied for that very same reason (and probably all future visa applications). So as long as that serious issue stays, the denials will probably also stay.

3) If her spousal visa gets denied, and another spousal visa petition would be filed: see points 1 and 2

[Crazy Cat 41,288]

1 minute ago, Robin19 said:

Yeah. I think people should consider this fact if the intend to apply for a fiance visa.

It is repeated here on VJ very, very frequently.......

[Daphne . 1,825]

3 minutes ago, Robin19 said:

Yeah. I think people should consider this fact if the intend to apply for a fiance visa.

Many information about this very topic here on VJ 😉

[Crazy Cat 41,288]

Just now, Daphne K said:

1) The denial of her K1 visa in itself would not be the reason for a denial of her spousal visa

2) In case her K1 visa was denied because of a serious issue (and I mean really serious) then the spousal visa could be denied for that very same reason (and probably all future visa applications). So as long as that serious issue stays, the denials will probably also stay.

3) If her spousal visa gets denied, and another spousal visa petition would be filed: see points 1 and 2

Yes.   and that exactly why the OP's very first actions should be geared toward finding out why the K-1 was returned.......