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Case Denied

By PWC in K-1 Fiance(e) Visa Case Filing and Progress Reports

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Crazy Cat Grand Master

Crazy Cat   41,761

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

Looks like you sent the I-129F in March of 2022.....then met in March 2023.  That is the reason for denial. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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PWC
PWC

Sorry Everyone for not responding till now. I was cut off since I am a newer member of the website. I've read all your responses. I have a lawyer, they never explained to me that we must meet prior to

Lil bear
Lil bear

Fire the lawyer. Read the instructions. Follow precisely. Do it yourself. Mist of us do it successfully without lawyers   

W199
W199

The instructions clearly say you have to meet within 2 years to petition for a K-1 visa.  COVID is not an excuse. 

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Crazy Cat Grand Master

Crazy Cat   41,761

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

In the past, they have rejected cases for failing to meet within 2 years prior to filing.  Looks like they decided to deny this case instead (which is their choice).  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,761

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

If failing to meet is the reason for denial, then OP can refile an I-129f.  However, I would consider a CR-1 spousal visa. 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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W199 Enthusiast

W199   331

Posted
Filed: K-1 Visa Country: Philippines
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Posted (edited)

What do you plan to do? File again? If so, with such a basic fundamental mistake, I bet there are other  more subtle issues with your petition that will result in an RFE. You may want to consider using an agency to help you this next time around. The one I used was only $600 and was invaluable and cuts through all the different opinions you will hear  But there are a lot of agencies and incompetant lawyers that will also do it for you. Choose wisely. 

Edited by W199
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TBoneTX Grand Master

TBoneTX   45,222

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
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Posted
2 minutes ago, Mr.So said:

What would be the up side of CR-1 over K1? Wouldn't CR-1 take even longer? Thank you.

See the comparison, as compiled by our fine member Crazy Cat:
K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    CR-1
    Less expensive than K-1    
    No Adjustment of Status (I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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TBoneTX Grand Master

TBoneTX   45,222

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted (edited)
45 minutes ago, W199 said:

You may want to consider using an agency to help you this next time around

PWC, the VJ Partner that I always recommend is:

Stellar responsiveness, impeccable knowledge.

 

I have no conflict of interest in recommending this firm.

Edited by TBoneTX
typo

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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SalishSea Grand Master

SalishSea   17,786

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
1 hour ago, PWC said:

We started talking Nov 22, 2021. Filed the case, but because of covid, I could not fly to meet her. But did go meet her and spent 1 week with her and her mother in March of this year.

You have to meet in person at least once in the preceding two years.   You are not eligible for a K-1, and we’re rightly denied.   This is a non-negotiable requirement and is no way a ‘soft denial.’

 

Refile, or marry and start  the CR-1 process.

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Crazy Cat Grand Master

Crazy Cat   41,761

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

FYI-   The OP has reached new member post limit today.  He'll be back tomorrow. 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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pushbrk Grand Master

pushbrk   12,859

Posted
Filed: Other Country: China
 Timeline
Posted
3 hours ago, Mr.So said:

What would be the up side of CR-1 over K1? Wouldn't CR-1 take even longer? Thank you.

Regardless of the upsides of a CR1, it is for the spouse of a US Citizen, and you are not yet married.  Like the in person meeting part of the K1 process, you must already be married, to start the spouse visa process. What's better for you depends on your own priorities.  Getting married cannot happen until you are together again to get married and/or consummate the marriage.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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EM_Vandaveer Experienced

EM_Vandaveer   2,408

Posted
Filed: Citizen (apr) Country: Hungary
 Timeline
Posted
7 hours ago, PWC said:

We started talking Nov 22, 2021. Filed the case, but because of covid, I could not fly to meet her. But did go meet her and spent 1 week with her and her mother in March of this year.

You haven't fulfilled the requirement to meet in person PRIOR TO filing. Your petition was properly denied.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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PWC Apprentice

PWC   24

Posted
Filed: K-1 Visa Country: Thailand
 Timeline
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Posted

Sorry Everyone for not responding till now. I was cut off since I am a newer member of the website. I've read all your responses. I have a lawyer, they never explained to me that we must meet prior to filing. He did said, Quote " Hey Peter, you are supposed to meet prior to filing, but sometimes there is an exception to the meeting requirement" End Quote

 

Which is quickest please, K1 now that we have met, or go there marry her and file a CR-1?

 

Also I don't know if any of you are lawyer or know if I can demand my money back from my lawyer since he should have know clearly that immigration would deny based on the fact we did not meet yet before filing. I paid him $5000.00 for the filing.

 

I will update you all with what the paper says once I get it.

 

 

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Lil bear Mentor

Lil bear   4,181

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Filed: Citizen (apr) Country: Australia
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33 minutes ago, PWC said:

Sorry Everyone for not responding till now. I was cut off since I am a newer member of the website. I've read all your responses. I have a lawyer, they never explained to me that we must meet prior to filing. He did said, Quote " Hey Peter, you are supposed to meet prior to filing, but sometimes there is an exception to the meeting requirement" End Quote

 

Which is quickest please, K1 now that we have met, or go there marry her and file a CR-1?

 

Also I don't know if any of you are lawyer or know if I can demand my money back from my lawyer since he should have know clearly that immigration would deny based on the fact we did not meet yet before filing. I paid him $5000.00 for the filing.

 

I will update you all with what the paper says once I get it.

 

 

Fire the lawyer. Read the instructions. Follow precisely. Do it yourself. Mist of us do it successfully without lawyers   

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nastra30 Experienced

nastra30   2,284

Posted
Filed: IR-1/CR-1 Visa Country: Ghana
 Timeline
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Posted
1 hour ago, PWC said:

Also I don't know if any of you are lawyer or know if I can demand my money back from my lawyer since he should have know clearly that immigration would deny based on the fact we did not meet yet before filing. I paid him $5000.00 for the filing.

Omg, this lawyer just wasted your time and your money regarding a very basic immigration requirement that should have been a given. Fire him.

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Verrou Proficient

Verrou   1,961

Posted
Filed: AOS (apr) Timeline
Posted

Fire that lawyer. Most of the time u don’t need to hire lawyer for k1 especially if you have all copies of ur k1 submission, u already know what to do. Now to get the money back ? That one is tricky, guess u can file small claim court but just don’t put ur high hope up. 

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