Is it hopeless to retry for another K1 visa after denial?

[Reconnecting Reco 24]

My fiancee was denied 7 months ago at the embassy. The interviewer said she didn't believe the relationship and told us to get married and try again. I didn't want to get married without her meeting my family and coming to America first. Marriage is such a huge deal and there's steps I'd like to take before getting married. Maybe spend more time in person and such. I have no doubts this is the woman I want to marry but marriage is to be taken seriously and I want to do it the right way.

 

The interviewer refused to look at any new evidence that had taken place from when we first filed and the interview, but the packet she had only shown I had visited twice in 6 months. Now I have a lawyer (expensive) and in the last 18 months have visited 5 times across the world to see her. Plus I plan to fly out for the interview for support.

 

So during the time of the interview I will have proof I have visited 6 times, retained a lawyer, and flew out to support her during the interview and at this point I'm not sure how they could ever see this as fraudulent. I've spent over $18,000 over the last 18 months and I have proof. So even though it's our second attempt at the fiancee visa do we have a shot at making it even with all the extra proof and the extra miles I'm willing to go?

[Just Paul 4,595]

You can file again; you have added to your evidence.  However, a spousal petition is much better in that if it is refused by the consulate you can actually appeal (reaffirm) it at USCIS if it gets sent back.

 

You don't need a lawyer.

 

Whatever you do you will still need more face to face time.

[Lemonslice 4,841]

23 minutes ago, Reconnecting Reco said:

My fiancee was denied 7 months ago at the embassy. The interviewer said she didn't believe the relationship and told us to get married and try again. 

They told you what to do, could your family travel to meet her?

[Ontarkie 14,225]

Sadly your expensive lawyer is not going to be able to help much.

 

You are ignoring what the CO told you to do and that is taking a big chance. Yes marriage is a big deal and it should be taken seriously but filling for a K1 you should already be passed the lets make sure stage and even after all this time and your extra trips you still sounds like you are not sure.

The CO already doesn't believe you're serious and you are going to push it with a second K1. 

So by the time the second interview comes it will be just over 2 yrs since your fiance was denied and probably pushing 3 yrs since you met and filed the first time. 6 visits in 3 yrs is not that great when they already doubt your relationship. How long were each of these visits? 

If you haven't filed another K1 yet please reconsider getting married and filling the for the CR1.

[Nat&Amy 623]

That is one of the biggest - if not the biggest - challenges of long-distance relationships. Can a few visits to a foreign country and short trips taken together truly show if the couple is ready for marriage? Is it really that great of an idea to rush things because of a visa? 

 

My now wife and I only took that gigantic decision after living together in a third country for a year and a half. That was what really showed us that we were ready to face the financial and emotional burdens that come with the combination marriage+immigration. 

 

If you don't feel ready to get married, don't. Be aware, however, that the K1 is not a "test drive" visa. When entering the country, it is 90 days to get married, not 90 days to see how things go. In addition, as pointed out above, you have a previous denial on file, so expect the CO to ask why you have decided to insist on a K1 instead of trying a spousal visa.

[JFH 12,190]

Now why did the embassy officer not think

your relationship was genuine? You need to fix those things before you do anything else. Repeating the same action with the same circumstances will have the same result. 
 

I’m surprised you want to have your family’s approval before you marry her. How old are you? You are both adults. If you believe marriage is right for you, just get married. 

[carmel34 3,633]

13 hours ago, Reconnecting Reco said:

Marriage is such a huge deal and there's steps I'd like to take before getting married. Maybe spend more time in person and such.

Sounds like you are spending more time in person with all your visits, getting to know each other so you will know if you really want to get married or not.  If the K-1 is denied the second time around, have a backup plan, like getting married in her country and filing for a spousal visa, file for a K-1 a third time (not recommended), or move to her country to live with her.  Hopefully your second K-1 will be successful.  Good luck!

[Besamiot 35]

15 hours ago, Ontarkie said:

Sadly your expensive lawyer is not going to be able to help much.

 

You are ignoring what the CO told you to do and that is taking a big chance. Yes marriage is a big deal and it should be taken seriously but filling for a K1 you should already be passed the lets make sure stage and even after all this time and your extra trips you still sounds like you are not sure.

The CO already doesn't believe you're serious and you are going to push it with a second K1. 

So by the time the second interview comes it will be just over 2 yrs since your fiance was denied and probably pushing 3 yrs since you met and filed the first time. 6 visits in 3 yrs is not that great when they already doubt your relationship. How long were each of these visits? 

If you haven't filed another K1 yet please reconsider getting married and filling the for the CR1.

My humble opinion is that you set married instead of filing another i-129f.  I am waiting for our application to be approved. If there is any complications, either a refusal by USCIS or a denial at the embassy, I'm sure this is the person I want to be with. I will just go ahead and marry. The wait is already hard. I won't postpone anything. 

[Boiler 45,519]

Quote

Marriage is such a huge deal and there's steps I'd like to take before getting married. Maybe spend more time in person and such.

This comment contradicts the K1, you are not supposed to file for a K1 without having undertaken those steps.

[Orangesapples 1,954]

16 hours ago, Reconnecting Reco said:

My fiancee was denied 7 months ago at the embassy. The interviewer said she didn't believe the relationship and told us to get married and try again. I didn't want to get married without her meeting my family and coming to America first. Marriage is such a huge deal and there's steps I'd like to take before getting married. Maybe spend more time in person and such. I have no doubts this is the woman I want to marry but marriage is to be taken seriously and I want to do it the right way.

 

The interviewer refused to look at any new evidence that had taken place from when we first filed and the interview, but the packet she had only shown I had visited twice in 6 months. Now I have a lawyer (expensive) and in the last 18 months have visited 5 times across the world to see her. Plus I plan to fly out for the interview for support.

 

So during the time of the interview I will have proof I have visited 6 times, retained a lawyer, and flew out to support her during the interview and at this point I'm not sure how they could ever see this as fraudulent. I've spent over $18,000 over the last 18 months and I have proof. So even though it's our second attempt at the fiancee visa do we have a shot at making it even with all the extra proof and the extra miles I'm willing to go?

It looks like the CO was right to doubt your relationship since you yourself don't take it seriously... 

[Reconnecting Reco 24]

16 hours ago, Lemonslice said:

They told you what to do, could your family travel to meet her?

They told us what to do but I didn't want to take that path, although I will if she gets denied again. I have a son so I could fly him to see her but mother and test of my family not so much.

[Reconnecting Reco 24]

29 minutes ago, Besamiot said:

My humble opinion is that you set married instead of filing another i-129f.  I am waiting for our application to be approved. If there is any complications, either a refusal by USCIS or a denial at the embassy, I'm sure this is the person I want to be with. I will just go ahead and marry. The wait is already hard. I won't postpone anything. 

I appreciate your opinion and if she gets denied again I will marry while I'm there. Lawyer says it worth another shot to try again instead of marry but I'll get ready with the paperwork if she does get denied again. Plus the wait for marriage visa is twice as long so it was a gamble that I hope pays off. I just couldn't find any stories of people refiling the k1 visa after denial.

[Orangesapples 1,954]

4 minutes ago, Reconnecting Reco said:

They told us what to do but I didn't want to take that path, although I will if she gets denied again. I have a son so I could fly him to see her but mother and test of my family not so much.

K1 is for people who are ready to get married. You are not. 

[Reconnecting Reco 24]

2 hours ago, carmel34 said:

Sounds like you are spending more time in person with all your visits, getting to know each other so you will know if you really want to get married or not.  If the K-1 is denied the second time around, have a backup plan, like getting married in her country and filing for a spousal visa, file for a K-1 a third time (not recommended), or move to her country to live with her.  Hopefully your second K-1 will be successful.  Good luck!

Thanks I truly appreciate your advice and yes I'll definitely have a back up plan. 

[Boiler 45,519]

Not twice as long and a CR1 comes with many many benefits.