what are the chances for denial?

[juliekins 0]

Hey...

I was wondering... I know its silly... I am still waiting for NOA2... but I am thinking what would be the reasons for denial? what is the percentage of people who do not recieve their K1 visas? what do you do next?

I am sure I ll be ok... I ve known my fiance for 5 years!... I met him in High School in the US in 2001.. and we ve been together ever since... but now I am trying to get this visa.. and I am just worried... if anything goes wrong.. when he filed for I-129 he only put one picture in there...and what if they dont think thats enough evidence or somethin..

ok.... please let me knnow...

ps.. can anyone also tell me.. what it means when it says on the tinelines "touched"

thank you

[Miranda&James 8]

Lack of evidence wouldn't mean a denial, they would send you an RFE requesting more evidence. IMHO pictures don't matter too much anyways, they don't prove you met in the past two years like boarding passes and passport stamps do. So, as long as you give them what they ask for and prove you've met in the past two years you should be fine.

Touched means when you log onto the USCIS page to check your case status the "last updated" date has changed but the message accompanying it has not changed.

[pax 0]

You have a few different issues going on, so let's unpack them one by one.

I don't know if stats are available on K-1 denials, but we should differentiate between a denial of a K-1 visa application and the denial of an I-129F petition. They're not the same thing. An I-129F petition can be denied if the petitioner does not prove that both parties meet the requirements for a K-1 visa application. This includes both parties being free to legally marry (i.e. both parties must be single, divorced, or widowed), the petitioner being a U.S. citizen at the time of filing (i.e. naturalized citizens can file I-129Fs, but LPRs cannot), both parties being of a legal age for marriage, and both parties having met physically at least once in the past two years.

You mentioned that your USC fiance included only one photo of you. That's not a deal-breaker. Did he include other evidence that you've met in the past two years? Solid evidence besides photos includes boarding passes, passport stamps, hotel receipts bearing both parties' names...the possibilities are many. Don't sweat only having included one photo if there's other evidence that would suggest to a reasonable person that you have indeed fulfilled the physical meeting requirement.

Assuming that an I-129F is approved and shipped to the consulate in the country of the non-USC beneficiary, a K-1 visa application can be made. K-1 visa applications can be, and are, denied for many reasons. If the beneficiary is medically (i.e. has an untreated infectious disease like tuberculosis, is mentally unstable and dangerous) or legally (i.e. has committed crimes involving moral turpitude or has committed immigration violations in the past) inadmissible to the U.S., the application can be denied outright, although waivers can be sought. The application can be denied if the consular officer suspects a fraudulent relationship (i.e. the CO suspects that the relationship has been entered into solely to contract immigration benefits). The application can be denied if the petitioner is financially unable to support the beneficiary and cannot contract a suitable co-sponsor.

So yes, both the I-129F and the K-1 app can be denied. But if none of the situations I mentioned apply to you, it's very unlikely you'll run into problems.

Good luck!

[juliekins 0]

thank you so much..

Where the I 129 goes,... I think he just put in 1 picture.. and that is it!.. we didnt know we had to really provide more evidence then that... untill i came to this site...

How ever I am more then prepared for the interview... I have so much evidence on hand...

so... will they just send my fiance in the states a RFE for more evidence you think? do you think it is possible to send them more evidence now.. or do I have to wait before we get an RFE??

thank you

[pax 0]

They will not deny you outright if they feel your evidence of meeting is insufficient. It's very likely, if all your fiance sent was one picture, that he will receive an RFE. Should that happen, be prepared to send along evidence that you've met, like the kinds I've mentioned above.

By the time you get to the interview stage, they will already have established that you've met, and that's when you'll need evidence more along the lines of stuff that proves you have a genuine, ongoing relationship. Wish I'd known that at the time; probably could have pared down our 62-page petition quite a bit!

Edited March 31, 2006 by pax

[Ladylethal 12]

You´ll prolly get an RFE for more evidence that you two met within the last 2 years, so any tickets and boarding passes when you went to visit each other, ATM receipts, hotel receipts where you stayed together, etc will be evidence that you met in the past 2 years, so you´ll prolly be requested to present those, and your petition will take a bit longer, but proving that, you should be fine.

[juliekins 0]

oohh..

but is it ok i he sends more evidence now.. so we dont get sent the RFE? so we dont waste time... or does he have to wait for the RFE and then send more evidence??

[pax 0]

No, wait for the RFE. There's an excellent chance that whatever you send will disappear into the ether if you just send it apropos nothing.

[juliekins 0]

thanks guys...

I am just so worried and frustrated.. they recieved our appliaction on FEb 17.. and we re still waiting.. its so frustrating.. damn California SC is sooooo slow.. and i have way too much time to think about this and worry

[Ladylethal 12]

Yep. Wait for RFE, but you can go ahead and gather all proof and get ready to send as soon as the RFE comes in.

[Miranda&James 8]

Judging by California's current rate you'll probably not get your RFE until late April, early May (seems about 2-2 1/2 months is the current average). You definitely need to wait for the RFE to send anything in. Good news is once you get the RFE approval is usually quick on its heels!

[AFQuaid 18]

Hi There,

Don't worry about the one picture thing. When we first started out (no VJ or nothing to guide us) we didn't know we were to add anything just fill in the question of how we met, the bio forms and passport size photos (3/4 view).... We got an RFE requesting exactly what was missing and unfortunitly for us during that time they changed from requiring a 3/4 view to a full frontal view passport photo for both of us. If you do get an RFE the good thing about it is because some processing has already taken place once you've responded things move along quickly.

As for denials. I believe a person can get denied on one of the following accounts (more experianced members will correct me if I'm wrong).

1. Being arrested etc, jailed or commiting a serious crime can really rock the boat

2. Becoming a public charge that is your partner doesn't have the significant amount of money to fully support you for 2-3 years as required. Sometimes even with a co-sponcer you may get denied if they think its not secure enough/doesnt look realistic.

3. Lying on the forms...or you answers not matching what they know..always be honest.

4. They feel you and your partners relationship isn't genuine i.e if you both speak different languages and can only communicate briefly... it may raise some eyebrows

5. You have a mental/physical condition which have harmful/violent symptoms towards others.

The good thing is though if you're denied you file for a waiver (go to the waiver forms to check them out) and appeal......

I hope this helps

[Miranda&James 8]

Hi There,

Don't worry about the one picture thing. When we first started out (no VJ or nothing to guide us) we didn't know we were to add anything just fill in the question of how we met, the bio forms and passport size photos (3/4 view).... We got an RFE requesting exactly what was missing and unfortunitly for us during that time they changed from requiring a 3/4 view to a full frontal view passport photo for both of us. If you do get an RFE the good thing about it is because some processing has already taken place once you've responded things move along quickly.

As for denials. I believe a person can get denied on one of the following accounts (more experianced members will correct me if I'm wrong).

1. Being arrested etc, jailed or commiting a serious crime can really rock the boat

2. Becoming a public charge that is your partner doesn't have the significant amount of money to fully support you for 2-3 years as required. Sometimes even with a co-sponcer you may get denied if they think its not secure enough/doesnt look realistic.

3. Lying on the forms...or you answers not matching what they know..always be honest.

4. They feel you and your partners relationship isn't genuine i.e if you both speak different languages and can only communicate briefly... it may raise some eyebrows

5. You have a mental/physical condition which have harmful/violent symptoms towards others.

The good thing is though if you're denied you file for a waiver (go to the waiver forms to check them out) and appeal......

I hope this helps

A lot of those reasons only come up during the interview stage but still good things to know in advance! Seems to me the main reason for denial of I-129F app at this stage is not being able to prove you have met in the past two years (there are others but this is the one I see most often).

[juliekins 0]

how do you know if youve been touched????? I checked my status.. it says the same thing... and it doesnt have any dates there except the one they recieved the Application Feb17

[AFQuaid 18]

When you notice the date change...but the message when clicked on is the same as the last...