Re-interview question

[Hazah 0]

If the 1-129F petition is accepted but the visa is denied at the interview at the embassy, would you have to redo the entire process by resubmitting another petition, or can you just reschedule another interview? I'm not sure if different embassies have different policies, but this one is for the one in Kyiv, Ukraine.

We haven't had to encounter this yet, but i just want to be prepared if for some reason the interview goes poorly. It seems to me that if a petition is accepted you have a great chance at getting the visa approved, but nothing is guaranteed.

[~Chad~ 0]

Usually the embassy will reschedule the interview and advise you what you need to do, redo, obtain, etc. Good luck on your journey!!!

[raymaga 25]

Good luck for a successful interview.

I wouldn't worry about not getting approved. As long as your relationship is a bona fide one, you will have no problems.

[YuAndDan 153]

There are 3 possible outcomes.

1. They approve the visa.
   
2. They deny, with a request for more documentation (Blue Slip) -Provide them with what they want to overcome, and get the visa-.
   
3. They suspect misrepresentation and return the case to USCIS (White Slip) (Rare cases were they smell fraud)
   

In outcome number three you need to appeal to overturn the counselor officer's decision on your case to USCIS, there will be a bar placed on you fiance(e) and even marrying in the foreign country and filing another petition will not overcome that bar.

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)©(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)©(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

[TucsonBill 0]

Assuming you have all of the necessary documentation and financially qualify, all that remains is proving that there is an ongoing relatioship. Just make sure you have plenty of evidence of that, and the interview should not be a problem. Additionally, study the sample questions that the consular official might ask her, and be prepared for that interview.

Oddly enough, my fiance didn't even have to answer a single quesiton or show one shred of evidence of a continuing relationship at her interview. This most likely was due to the fact that she got a 221g, (request for additional documents), at her interview and I burned up the phone lines for 5 days arguing with the Embassy lol. I guess they figured my hell raising over the additional documents they were requesting was sufficient 'evidence'. When she went back and gave them her passport(s) (for her and her daughter), she said the consular official did not ask a single question, he just smiled at her and said 'you can come and get your visa's tomorrow'

Edited January 31, 2007 by TucsonBill

[Hazah 0]

Thanks everyone for the information and high hopes. I am sure she'll get the visa but after 2 rejections for tourist visas she is a bit afraid of going to the embassy again.

[YuAndDan 153]

Thanks everyone for the information and high hopes. I am sure she'll get the visa but after 2 rejections for tourist visas she is a bit afraid of going to the embassy again.

They wont hold tourist visa rejections against her. Not to worry about that.