K1 letter action tends to deny

[Boiler 45,322]

26 minutes ago, Rasha alk said:

This means that even if I get approval here, can the consulate refuse?no one told me that even the attorney  now didn’t say because I appointed a second lawyer when they asked me for additional information the previous time, and this cost me 2000more. He told me that this file must be accepted and that I should fight for it because of the health condition and the medical reports I have, so I agreed with him and now when it came. A message intending to reject. I had a conversation with him today and he told me that it could be 50 percent rejection and 50 percent acceptance, but he wanted an additional 500 payment to continue . He asked me to get more information from the doctor like explain in detail how colitis would effects that time and that the fiancé cannot come. I am really confused.and lost Should I continue with him or send the information myself, and during this period I am work on Traveling, get the passport and prepare my self maybe the response  come within a month.I am lost 

I am not sure what is meant by file must be accepted, but as I have mentioned it is a very high bar.

 

50/50? Well I have I think seen 2 cases approved and I am not sure how many, hundreds?, refused. I seriously doubt he has 50% of such cases he has been involved in approved.

 

Todays Hacking with a Consulate refusal.

 

 

[Cathi 5,742]

Having colitis does not prevent someone from traveling, let alone not meeting someone for over 10 years. There are medications that treat colitis very successfully. It's a fact. My son has colitis and there has never been a time in his 26 years of life that colitis ever prevented him from traveling, and we travel VERY often (at least 3 or 4 times a year), including internationally. We just traveled to Europe this summer for an entire month and we just came back from Bermuda less than a week ago, he had zero issues that taking his meds couldn't handle. Not only does he travel all of the time, he's an athlete who's played soccer since childhood, including high school and college, he skis, hikes, rock climbs, runs marathons, races cars, scuba dives and has his pilot's license, I could go on and on and on. All while living with colitis. Is he on a special diet to control his colitis? Absolutely. Does having colitis sometimes interfere with things? Sure, but never enough to put his life on hold for any extended amount of time, let alone for an entire decade.

You are looking for excuses and grasping at straws. Even IF it was a disease that prevents travel (it doesn't), why on Earth would you ever expect to get approved after having not seen your fiancé for an entire decade? No lawyer is ever going to get around that fact. Any lawyer from Catholic Charities is free of charge and most likely knows little, if anything about immigration. Any immigration attorney would have told you straight up that you had no chance.

[Rasha alk 1]

I also did not stop my life, whoever said that, I am working on my degree in human nutrition and definitely exercising. I am not looking for an excuse. Every one of us has a different health situation from one person to another. This month I changed to a new medication and had two surgeries. No one, of course, wants to be sick. To answer catholic charity , it is free. It is not true. I paid her $500, in addition to the application fee, another $500. I have appointed a second lawyer for the last two months, for 2500 so far. This means that I wasted money and time to agree with you that the first person who helped me in the Catholic charity does not understand what she is doing, and the second lawyer does not related to any type of charity . He is a lawyer specializing in visas, etc. However, he did not tell me that this was not possible, but on the contrary. Finally, I always wish the best for your son, despite your way of response to my post . Thank you

[canadian_wife 1,818]

I am sorry for your situation.  But I think the consensus here is.

 

1 - discontinue your catholic charity lawyers.  

2 - work with your doctor and focus on your health and ways you CAN travel.  Covid should not be preventing travel, even cancer patients and HIV+ patients travel.  

3 - It is time to stop dwelling on what happened in the past and it is time to get to work.  Your current path is not feasible and the consulate (even if USCIS approves the petition) is unlikely to approve the visa in my opinion.  

4 - of course the lawyer told you it was possible to appeal your current situation. He would like more money to do it for you.  Then if/when the visa is denied, he'll simply walk away with your money. 

 

Good luck

[African Zealot 1,455]

The overwhelming consensus is that the petition is dead without hope of the Lazarus effect.

 

Are you in financial shape to import an immigrant spouse? I am asking simply because in my opinion it will take a significant financial outlay including your traveling maybe multiple times.

[appleblossom 2,330]

Why do you think your fiancé can’t travel to the US with his refugee passport? Surely any country that’s a signatory to the Geneva Refugee Convention (of which the US is one) should accept it for entry? 
 

[carmel34 3,611]

11 hours ago, Rasha alk said:

I applied for 129f 2022 and got a letter saying that letter tend to deny

There is no appeal for a denied 129F, it is dead.  Meet and re-file, or meet, get married, and file an I-130.  There is also the option of a Utah Zoom marriage, but even with that, you have to meet in person during the online marriage or after to qualify.  Whether you go with a new K-1 or get married and try for a CR-1, your chances of approval will increase if you spend much more time together, in person before filing a new petition.  Good luck on your journey!

[JeanneAdil 6,414]

3 hours ago, African Zealot said:

The overwhelming consensus is that the petition is dead without hope of the Lazarus effect.

 

Are you in financial shape to import an immigrant spouse? I am asking simply because in my opinion it will take a significant financial outlay including your traveling maybe multiple times.

This is very important

you try to prove  u can't travel to meet begs the question are u able to work with steady employment to have the needed funds to sponsor K1?

U need to understand the embassy has the power to issue or deny a visa /  the CO has the final word.  what USICS and NVC do is check the paperwork and verify documents

check the total cost of the K1,   check the income needed to sponsor K1 and CR1

 

BTW  you applied in 2022 and the K1 was already taking 18 months to  2 years to get to interview from March 2020 and on

 

What is the country of his birth ?   that and the grey passport play an important role here

 

Prepare yourself for this entire process of travel to meet,  to reapply,  to have income to support the AOS if doing K1 as it is more expensive than the CR1

I do wish u well and hope u can meet and overcome all issues  

[Boiler 45,322]

3 hours ago, appleblossom said:

Why do you think your fiancé can’t travel to the US with his refugee passport? Surely any country that’s a signatory to the Geneva Refugee Convention (of which the US is one) should accept it for entry? 
 

I did not address that as I assume it is somewhat unlikely that he would be issued a B, and I sort of passed on the Medical side as I knew someone who knew much more than I do would be along. 

 

Even a free Lawyer can be expensive in time and other costs.

 

Anyway the OP knows what is needed.

[Crazy Cat 41,611]

8 hours ago, Rasha alk said:

Finally, I always wish the best for your son, despite your way of response to my post .

 wish you had come here 17 months ago.  We could have given you much better advice than what received.  Good luck.  I would seriously consider marriage, meeting, then applying for a spousal visa. 

[JeanneAdil 6,414]

3 hours ago, appleblossom said:

Why do you think your fiancé can’t travel to the US with his refugee passport? Surely any country that’s a signatory to the Geneva Refugee Convention (of which the US is one) should accept it for entry? 
 

Oct 4, 2023 — As someone who holds a "Grey Passport", you can go to all the Schengen States without a visa and stay there for up to three months. You can ...

 

to get into the US he would need to apply for refugee status here 

[appleblossom 2,330]

 

3 minutes ago, JeanneAdil said:

Oct 4, 2023 — As someone who holds a "Grey Passport", you can go to all the Schengen States without a visa and stay there for up to three months. You can ...

 

That's for stateless people though, if he has a refugee passport (travel doc) as the OP said then he can apply for a B visa to travel to the US.

 

Bottom line is that I don't think it makes enough of a difference, but if he could have travelled to the US then there's definitely going to be no exemption made for the meeting in person requirement. 

 

As everybody has said above, looks like OP needs to start from scratch and they need to meet.

[JeanneAdil 6,414]

10 hours ago, Rasha alk said:

This means that even if I get approval here, can the consulate refuse?no one told me that even the attorney  now didn’t say because I appointed a second lawyer when they asked me for additional information the previous time, and this cost me 2000more. He told me that this file must be accepted and that I should fight for it because of the health condition and the medical reports I have, so I agreed with him and now when it came. A message intending to reject. I had a conversation with him today and he told me that it could be 50 percent rejection and 50 percent acceptance, but he wanted an additional 500 payment to continue . He asked me to get more information from the doctor like explain in detail how colitis would effects that time and that the fiancé cannot come. I am really confused.and lost Should I continue with him or send the information myself, and during this period I am work on Traveling, get the passport and prepare my self maybe the response  come within a month.I am lost 

It means your petition did not have evidence of meeting in person in last 2 years and will not even be sent to embassy for interview

 

https://www.nolo.com/legal-encyclopedia/k-1-fianc-visa-denied-can-i-appeal-refile.html

 

Nolo law site says

Unfortunately, you cannot file an appeal (for a K-1 or any other type of nonimmigrant visa decision). There is just no procedure for this.

and that statement is assuming you had the interview 

[JeanneAdil 6,414]

Just now, appleblossom said:

 

 

That's for stateless people though, if he has a refugee passport (travel doc) as the OP said then he can apply for a B visa to travel to the US.

 

Bottom line is that I don't think it makes enough of a difference, but if he could have travelled to the US then there's definitely going to be no exemption made for the meeting in person requirement. 

 

As everybody has said above, looks like OP needs to start from scratch and they need to meet.

Grey passport (for asylum) is for stateless people who can not get regular passport from their country 

OR

to do limited service work (contractor) 5 year passport

 

she says Austria  asylum 

 

I just read site after site on grey passport and reason i asked what country is his country of birth is there is a "grey passport scam"

 

https://www.hindustantimes.com/world-news/dozens-of-turks-sneak-into-europe-in-passport-scam-report-101618848253009.html

[appleblossom 2,330]

7 minutes ago, JeanneAdil said:

Grey passport (for asylum) is for stateless people who can not get regular passport from their country 

OR

to do limited service work (contractor) 5 year passport

 

she says Austria  asylum 

 

I just read site after site on grey passport and reason i asked what country is his country of birth is there is a "grey passport scam"

 

https://www.hindustantimes.com/world-news/dozens-of-turks-sneak-into-europe-in-passport-scam-report-101618848253009.html

 

Exactly. A refugee passport would be something different, perhaps the OP just isn't clear on the details but it may be relevant as if he genuinely couldn't go to the US that may help their case (although it still wouldn't overcome her not travelling to him, not sure the medical reasons would count personally).

Edited November 9, 2023 by appleblossom