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K1 visa (merged threads)

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OP, why are you posting about K1 and CR1 applications only a few weeks apart, and now asking about a "friend" whose K1 was refused for misrepresentation?

 

I hope you didn't assume that the two visa applications (K1 and CR1) were still happening "in parallel".

 

  

On 12/4/2020 at 4:36 AM, serious2 said:

Good day all, 

I had a k1visa interview on the 7th May 2019 and I was refused . I keep check status of my application and haven't seen any update since August  last year (2019). Later, the ministry of foreign Affairs in my country send the consular section a Note verbal letter on my behalf.  today i check and i found out that the last update of my case was 20-November-2020, what does it mean for this case update status? is it, the USCIS start working on my application again or any others? Appreciate with your kindly answers.
 
Thanks,
 

  

On 12/24/2020 at 9:12 PM, serious2 said:

Hello everyone, 

My wife filled i-130 for me and when i checked the uscis case, this is what it says:

 

Case Is Being Actively Reviewed By USCIS

As of December 10, 2020, we are actively reviewing your Form I-130, Petition for Alien Relative, Receipt Number .......

Our records show nothing is outstanding at this time. We will let you know if we need anything from you. If you move, go to www.uscis.gov/addresschangeto give us your new mailing address

 

Please what does the above mean and why is my application not updated too. Again is it a good news. 

 

Thank you everyone.

 

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Filed: Citizen (apr) Country: Brazil
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OP, your USC wife should find an experienced US immigration attorney to deal with this situation.  From all your posts, it seems clear that the K-1 was denied for misrepresentation, which will also be considered when the CR-1 petition is adjudicated.  Misrepresentation is a very serious matter. There may be a waiver possible but it will be a long and expensive road, with no guarantee of success.  Be prepared with a plan B to live together in your country if the I-130 is denied.  Good luck!

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3 minutes ago, serious2 said:

How do the person know that he or she is banned forever for entry the United States Of America....will it show on the application status or what? 

You should have received a letter outlining what the circumstances to your denial. If you do not have such letter use the information for FIOA in my post at the top of the thread. It's time to start doing something about your situation as many have opined in many of your different topics/threads concerning this issue. Please pay attention to what has been answered directly related to your situation.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Filed: Lift. Cond. (apr) Country: China
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~~~Posts merged with existing thread.~~~

 

On ‎1‎/‎6‎/‎2021 at 5:44 AM, serious2 said:

Hello everyone 

My friend of mine need help from everyone here.... She said that is almost two years now she went for k1 visa interview and got refused due to misrepresentation. His petitioner has not received any letter from the uscis that his petition has been revoke. The question is does it mean that the consulate didn't return the i1295f petition to the uscis? Has anyone face same problem. 

 

On ‎1‎/‎6‎/‎2021 at 6:11 AM, Greenbaum said:

The file was returned to USCIS to die. If it was refused to do misrepresentation, then there may be a ban attached to it that she must serve before she is able to reapply. Did she receive a letter with the reason? In that letter it will state the reason and reference the section of the immigration code that the refusal was tagged with. See if you can locate that letter. 

 

You can also do an infopass meeting with the local (US) location to discuss the options with a USCIS agent. Do a google search for "infopass". 

 

If all this fails, then you can file a FIOA request. See this link for additional information: How to Get a Copy of Your Immigration File (FOIA Requests) | Nolo

 

Good luck and stay engaged in the process. 

 

On ‎1‎/‎6‎/‎2021 at 6:17 AM, JeanneAdil said:

and the petitioner probably never willl

i never got one from a denied 2009 petiition and interview

Follow Greenbaums' advice for information about the ban

 

 

On ‎1‎/‎6‎/‎2021 at 6:19 AM, JFH said:

Your friend? Or you?

 

 

 

On ‎1‎/‎6‎/‎2021 at 6:19 AM, Lucky Cat said:

Ouch!  Misrepresentation comes with a lifetime ban, if I remember correctly.  It's time to consult the waiver experts.

 

On ‎1‎/‎6‎/‎2021 at 6:52 AM, JeanneAdil said:

Yes,  is this really for your K1 that interview was May 2019 (almost 2 years like you say here)  and so you married

Did you marry before the K1 interview ?

misrepresentation is a lie and you never lie on applications,  documents or to immigration officer

 

but if there is a lifetime ban ,  the petitioner would have to find out the reason for the ban and see a lawyer 

This will be costly and not fast 

 

On ‎1‎/‎6‎/‎2021 at 6:52 AM, powerpuff said:

You previously stated you got married. Several people have told you that you should forget about K-1. Once you get married your K-1 is automatically CANCELLED. 

 

On ‎1‎/‎6‎/‎2021 at 7:23 AM, Adventine said:

OP, why are you posting about K1 and CR1 applications only a few weeks apart, and now asking about a "friend" whose K1 was refused for misrepresentation?

 

I hope you didn't assume that the two visa applications (K1 and CR1) were still happening "in parallel".

 

  

  

 

 

On ‎1‎/‎6‎/‎2021 at 8:16 AM, carmel34 said:

OP, your USC wife should find an experienced US immigration attorney to deal with this situation.  From all your posts, it seems clear that the K-1 was denied for misrepresentation, which will also be considered when the CR-1 petition is adjudicated.  Misrepresentation is a very serious matter. There may be a waiver possible but it will be a long and expensive road, with no guarantee of success.  Be prepared with a plan B to live together in your country if the I-130 is denied.  Good luck!

 

On ‎1‎/‎9‎/‎2021 at 10:27 AM, serious2 said:

How do the person know that he or she is banned forever for entry the United States Of America....will it show on the application status or what? 

 

On ‎1‎/‎9‎/‎2021 at 10:34 AM, Greenbaum said:

You should have received a letter outlining what the circumstances to your denial. If you do not have such letter use the information for FIOA in my post at the top of the thread. It's time to start doing something about your situation as many have opined in many of your different topics/threads concerning this issue. Please pay attention to what has been answered directly related to your situation.

 

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March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
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April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
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September 17, 2013: Mailed I-751 to CSC

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  • Ryan H changed the title to K1 visa (merged threads)
  • 4 months later...
Filed: AOS (apr) Country: Philippines
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32 minutes ago, serious2 said:

Hello

  I was refused a k1 visas on the 9th of May 2019. anytime i check my visa status is still there as refused but the case last updated keep changing. What does that mean?

Maybe they are preparing to send the file back to the US.

YMMV

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  • 1 month later...

Hello guys

I tried to check my I 129f case number on the uscis status this morning but found that the Department of State Sent Case to USCIS For Review. Is it a good news but We are having i130 case pending too and is 8 months now. The review will take how long.

Edited by serious2
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You have posted before about the consulate contacting for an interview for K1 but you’re already married and a lot of us have told you that K1 petition or visa is no longer valid the minute you get married. I really don’t understand why you keep asking about the K1/have hopes for K1 when they will never approve you since you are married. One of the first things they ask at the interview is “are you married?” To add, if the consulate sent the petition back to USCIS, that petition is dead. Which shouldn’t even matter because guess what you are married!!!

Edited by powerpuff

 

 

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16 minutes ago, powerpuff said:

You have posted before about the consulate contacting for an interview for K1 but you’re already married and a lot of us have told you that K1 petition or visa is no longer valid the minute you get married. I really don’t understand why you keep asking about the K1/have hopes for K1 when they will never approve you since you are married. One of the first things they ask at the interview is “are you married?” To add, if the consulate sent the petition back to USCIS, that petition is dead. Which shouldn’t even matter because guess what you are married!!!

Thank you for your response... I thought it will affect my i130 pending at the uscis. I wanna know after the review will they send the petitioner a reason.

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7 minutes ago, serious2 said:

Thank you for your response... I thought it will affect my i130 pending at the uscis. I wanna know after the review will they send the petitioner a reason.

Well, they sent it back because I assume you didn’t go to the interview right? So as a result, it expired and they sent it back to USCIS where it ‘dies’. They might send you a notice in 6 months and they might not. The reason will be that it expired and that’s it. You should focus on your spousal visa. Good luck.

 

 

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