K1 visa denials

[Lu9h990 1]

Hi everybody!… 
Anyone would like to share their own experience about receiving an RFE or denial after filling I-129f for the K-1 visa. 
As far as I understand RFE or denials happen when we get the “NOA2”.

Some of us make mistakes when filling the I-129f and sending the package with all the documentation( mostly missing documents). 
I created this topic to hear from your point of view, even if you are still waiting for your NOA2 it will be really helpful information.

thank you all and Good luck! 
 

[powerpuff 6,607]

RFEs can be issues at any point in the process, failure to address the RFE properly will result in a denial

[Lu9h990 1]

1 minute ago, powerpuff said:

RFEs can be issues at any point in the process, failure to address the RFE properly will result in a denial

Thank you! 😊

[JeanneAdil 6,414]

the following site has red flag issues that may cause denial of a visa

 

https://www.nolo.com/legal-encyclopedia/red-flags-that-make-uscis-suspect-marriage-fraud.html

 

We were denied a K1 (it would have been for large age difference but was not stated on the 221)

[Lu9h990 1]

12 minutes ago, JeanneAdil said:

the following site has red flag issues that may cause denial of a visa

 

https://www.nolo.com/legal-encyclopedia/red-flags-that-make-uscis-suspect-marriage-fraud.html

 

We were denied a K1 (it would have been for large age difference but was not stated on the 221)

So sorry to hear that! I really hope you guys Found another way.

Thank you for the informationThank you for the information

[JeanneAdil 6,414]

51 minutes ago, Lu9h990 said:

So sorry to hear that! I really hope you guys Found another way.

Thank you for the informationThank you for the information

We married and thankfully went thru the spouse and got the IR1 in 2015

he's a citizen

[SalishSea 17,748]

10 hours ago, Lu9h990 said:

Hi everybody!… 
Anyone would like to share their own experience about receiving an RFE or denial after filling I-129f for the K-1 visa. 
As far as I understand RFE or denials happen when we get the “NOA2”.

Some of us make mistakes when filling the I-129f and sending the package with all the documentation( mostly missing documents). 
I created this topic to hear from your point of view, even if you are still waiting for your NOA2 it will be really helpful information.

thank you all and Good luck! 
 

If you are referring to denials at the petition phase, that is pretty uncommon.   I’d say the biggest reasons are for failure to show evidence of having met in the prior two years, or failure to show evidence of intent to marry.  You can read the decisions for cases that attempted to appeal on USCIS.gov in the AAO archives.

 

Denials of the actual visa are much more common, and the basis is often eligibility or suspicion of fraud.

[JeanneAdil 6,414]

Denials:

 

photos sent in with petition to show "too married for a K1 visa"  or suspicion the couple is married  (Usually an engagement party)

USC withdraws the petition and lets immigrant find out at interview

couple need joint sponsor and can not find one

immigrant uses fake documents 

the security checks on immigrant show criminal activity

the immigrant does not pass the medical exam (TB is one think that can delay or stop the process if the immigrant does not get treatment)

immigrant can not answer questions about the USC ,  the family,  work and life

 

Those are some but a CO can deny for any reason they see fit

 

[Erik and Glydyl 26]

I'm expecting my NOA2 between August and October and I listed every time I had anything to do with the law even though I don't recall ever actually being arrested or charged with anything because I was afraid there might be a record out there that I don't know about and didn't want them to think I was trying to cover anything up, and if I said I had no criminal history and I did, that I don't remember, they would see that as lying. Small things like accidentally bouncing a check at a grocery store 30 years ago or getting caught driving without a license when I was 18 years old. I also went through a long and ugly custody battle when I was 21 and couldn't remember if I had any kind of restraining orders against me during the battle. So said there may be one because there were many false accusations at that time, even though I cant find any record of a restraining order. I even did a federal background check on myself and they said I had NO criminal history. Now I feel like I am about to get RFEs asking for evidence that doesn't exist for crimes that don't exist and I'm terrified of what is going to happen when RFE time comes.

[Lu9h990 1]

15 minutes ago, Erik and Glydyl said:

I'm expecting my NOA2 between August and October and I listed every time I had anything to do with the law even though I don't recall ever actually being arrested or charged with anything because I was afraid there might be a record out there that I don't know about and didn't want them to think I was trying to cover anything up, and if I said I had no criminal history and I did, that I don't remember, they would see that as lying. Small things like accidentally bouncing a check at a grocery store 30 years ago or getting caught driving without a license when I was 18 years old. I also went through a long and ugly custody battle when I was 21 and couldn't remember if I had any kind of restraining orders against me during the battle. So said there may be one because there were many false accusations at that time, even though I cant find any record of a restraining order. I even did a federal background check on myself and they said I had NO criminal history. Now I feel like I am about to get RFEs asking for evidence that doesn't exist for crimes that don't exist and I'm terrified of what is going to happen when RFE time comes.

I’m also expecting NOA2 in August, we forgot to send my letter of intent. So I’m also expecting RFE(which is obviously going to make the process at least a month longer). Anyways, I think if you did The background of yourself and showed like there’s nothing out there then you shouldn’t worry about it, I wish you good luck with the process and hope you do not good but RFE but an approval! Thanks for sharing

[Mello3 35]

On 2/1/2023 at 1:49 PM, Erik and Glydyl said:

I'm expecting my NOA2 between August and October and I listed every time I had anything to do with the law even though I don't recall ever actually being arrested or charged with anything because I was afraid there might be a record out there that I don't know about and didn't want them to think I was trying to cover anything up, and if I said I had no criminal history and I did, that I don't remember, they would see that as lying. Small things like accidentally bouncing a check at a grocery store 30 years ago or getting caught driving without a license when I was 18 years old. I also went through a long and ugly custody battle when I was 21 and couldn't remember if I had any kind of restraining orders against me during the battle. So said there may be one because there were many false accusations at that time, even though I cant find any record of a restraining order. I even did a federal background check on myself and they said I had NO criminal history. Now I feel like I am about to get RFEs asking for evidence that doesn't exist for crimes that don't exist and I'm terrified of what is going to happen when RFE time comes.

yeah I am super paranoid that I might have forgotten something from a hundred years ago. I wrote what I could remember, I got official certified records where there was one and a letter from the court showing no records for anything that I thought I remembered but was dismissed. I even went to family court and got the court dismissal for the fake order of protection from my ex and sent that. We have an age gap and i have been married before but have known each other over 5 years and have many photos over that period of time together but this is the one thing that drive me bananas. I am licensed to carry, hold state licenses and can pass any background check but still, I am paranoid that I will have a bounced check from 30 years back that i forgot about and it will make me look like I am lying. I dont want to worry my partner but it is nerve wracking.