K-1 Visa - if you don't get approved

[gflova 0]

I am not going thru any process yet, but am researching and was wondering what happens IF you don't get approved for a fiance visa? Can you re-apply if you're willing to spend the money and invest more time?

just curious.

[YuAndDan 153]

An article to read:

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

http://www.ilw.com/articles/2006,0323-ellis.shtm

[john_and_marlene 162]

You can reapply. They can redeny. If you are denied on your first attempt and cannot overcome the reason for denial, a second application can expect to meet the same problem with the added hurdle of a previously denial.

[gflova 0]

Thank you!

[yassmine2878 1]

Yes, you can reapply/appeal. But the reason for denial is going to have a great impact on whether or not it will do you any good to reapply. If you are concerned about a red flag its best to diffuse it as early as possible.

[Chica Yeyé 41]

Yes, you can reapply/appeal. But the reason for denial is going to have a great impact on whether or not it will do you any good to reapply. If you are concerned about a red flag its best to diffuse it as early as possible.

Exactly - that's why it's recommended you triple-check the grounds for inadmissibility before beginning your process. If your fiancee "fits" one of them, be prepared to file waivers and all kinds of 'fun' documents.- some VJ members have had dreadful experiences with this, including permanent life-time bans to enter the US. Sad and unfair perhaps, but true as taxes!!!

Good luck, L.

[gflova 0]

Yes, you can reapply/appeal. But the reason for denial is going to have a great impact on whether or not it will do you any good to reapply. If you are concerned about a red flag its best to diffuse it as early as possible.

Exactly - that's why it's recommended you triple-check the grounds for inadmissibility before beginning your process. If your fiancee "fits" one of them, be prepared to file waivers and all kinds of 'fun' documents.- some VJ members have had dreadful experiences with this, including permanent life-time bans to enter the US. Sad and unfair perhaps, but true as taxes!!!

Good luck, L.

thanks - i appreciate it!

this why i am doing all my research now....i don't want to start anything until I myself have some type of understanding on the process. that said, i will most likely still invest in a lawyer, but will be very careful and be sure he/she is not going to make the situation worse.

it's strange - you'd think lawyers are the ones who will make everything go as smooth as possible, yet they are neglegent (sp??) at times. i hear it all the time. not fair at all.

well once again, thank you everyone for the prompt replies and information/advice.