has anyone heard of this happening?

[conch33036 0]

My wife k3 was denied because were are married the NVC thought it was a k1 visa and denied it so I was denied a visa we didn't even apply for ?

anyone ever had this happened or heard of this happening?

[payxibka 10,045]

My wife k3 was denied because were are married the NVC thought it was a k1 visa and denied it so I was denied a visa we didn't even apply for ?

anyone ever had this happened or heard of this happening?

The consulate in Jamiaca denied it after the interview?

[CA dreamer 3]

expand more pls,did u send them the marriage contract? with the i130?

[imaisha 0]

your timeline lists an approval date for your I-130 but not your I-129f. do you mean that USCIS denied your I-129f, rather than NVC? that's happened to a few people when the I-130 has already been approved. was there any reason you needed to go the K-3 route, rather than IR/CR-1?

[payxibka 10,045]

your timeline lists an approval date for your I-130 but not your I-129f. do you mean that USCIS denied your I-129f, rather than NVC? that's happened to a few people when the I-130 has already been approved. was there any reason you needed to go the K-3 route, rather than IR/CR-1?

What you say makes sense and the I-129F was sent almost two months later so it is feasible with an alleged I-130 approval 5 days later

Edited May 28, 2009 by payxibka

[LIFE'SJOURNEY 970]

Where did you get this information that your K3 was denied as a K1, I though you had a lawyer?

[imaisha 0]

What you say makes sense and the I-129F was sent almost two months later so it is feasible with an alleged I-130 approval 5 days later

i hadn't noticed that the I-130 approval was only 5 days after submitting the I-129f- great point! i think this must be what happened. maybe the OP will come back and clarify things...

[pushbrk 12,569]

My wife k3 was denied because were are married the NVC thought it was a k1 visa and denied it so I was denied a visa we didn't even apply for ?

anyone ever had this happened or heard of this happening?

A K3 visa can only be denied by a Consulate. A petition can be denied by USCIS, which is what sounds like has happened. If your I-130 was approved only 5 days after you mailed your I-129F, the I-129F would have been denied simply because there was no longer a "pending" I-130. Count this as a blessing. K3 is an obsolete visa category waiting to be buried. Follow the CR1 path your I-130 is on.

Please note that nobody has applied for a visa yet. You filed a petition. NVC doesn't deny visas.

[conch33036 0]

My wife k3 was denied because were are married the NVC thought it was a k1 visa and denied it so I was denied a visa we didn't even apply for ?

anyone ever had this happened or heard of this happening?

A K3 visa can only be denied by a Consulate. A petition can be denied by USCIS, which is what sounds like has happened. If your I-130 was approved only 5 days after you mailed your I-129F, the I-129F would have been denied simply because there was no longer a "pending" I-130. Count this as a blessing. K3 is an obsolete visa category waiting to be buried. Follow the CR1 path your I-130 is on.

Please note that nobody has applied for a visa yet. You filed a petition. NVC doesn't deny visas.

yes it was the ucis that denied it but denied it as a k1 visa going for th Cr1 but waiting for the funds! I am in the construction business and haven't worked in 3months

my lawyer resubmitted the k3 again explaining what they did wrong

thanks for the input

[^KK^ 3]

Oh couch...I wish you the best.

It does end up being cheaper to do CR1.

[LIFE'SJOURNEY 970]

My wife k3 was denied because were are married the NVC thought it was a k1 visa and denied it so I was denied a visa we didn't even apply for ?

anyone ever had this happened or heard of this happening?

A K3 visa can only be denied by a Consulate. A petition can be denied by USCIS, which is what sounds like has happened. If your I-130 was approved only 5 days after you mailed your I-129F, the I-129F would have been denied simply because there was no longer a "pending" I-130. Count this as a blessing. K3 is an obsolete visa category waiting to be buried. Follow the CR1 path your I-130 is on.

Please note that nobody has applied for a visa yet. You filed a petition. NVC doesn't deny visas.

yes it was the ucis that denied it but denied it as a k1 visa going for th Cr1 but waiting for the funds! I am in the construction business and haven't worked in 3months

my lawyer resubmitted the k3 again explaining what they did wrong

thanks for the input

So, if your I-130 has been approved, you will be thru the process of the CR1 at NVC, before the K3 even get approved at USIC. Your I-130 will be moving on to NVC shortly, are you'll going to abandon the I-130?.

[imaisha 0]

maybe you should fire your lawyer and use that money to pay for the CR-1 (which really does end up costing less).

if your I-130 was approved in February then it's already at NVC. USCIS will not approve the I-129f that your lawyer has sent now. did you resubmit the whole K-3 package with a new filing fee and all?

[pushbrk 12,569]

My wife k3 was denied because were are married the NVC thought it was a k1 visa and denied it so I was denied a visa we didn't even apply for ?

anyone ever had this happened or heard of this happening?

A K3 visa can only be denied by a Consulate. A petition can be denied by USCIS, which is what sounds like has happened. If your I-130 was approved only 5 days after you mailed your I-129F, the I-129F would have been denied simply because there was no longer a "pending" I-130. Count this as a blessing. K3 is an obsolete visa category waiting to be buried. Follow the CR1 path your I-130 is on.

Please note that nobody has applied for a visa yet. You filed a petition. NVC doesn't deny visas.

yes it was the ucis that denied it but denied it as a k1 visa going for th Cr1 but waiting for the funds! I am in the construction business and haven't worked in 3months

my lawyer resubmitted the k3 again explaining what they did wrong

thanks for the input

I hope you didn't pay the lawyer to do that, because USCIS did nothing wrong. They cannot approve an I-129F for a beneficiary spouse unless the I-130 petition is still pending. Since your I-130 is approved, the best you'll get back from them is another denial perhaps stating the correct reason or perhaps not. It sounds like somebody simply checked the wrong box resulting in the wrong reason for denial appearing on the form letter. With an approved I-130 your I-129F will not be approved. Forget about the K3 and follow the CR1 path. That's your only remaining option. If you don't have the fees and your I-864 won't look good, NVC will hold the I-130 up to a year.

[conch33036 0]

My wife k3 was denied because were are married the NVC thought it was a k1 visa and denied it so I was denied a visa we didn't even apply for ?

anyone ever had this happened or heard of this happening?

A K3 visa can only be denied by a Consulate. A petition can be denied by USCIS, which is what sounds like has happened. If your I-130 was approved only 5 days after you mailed your I-129F, the I-129F would have been denied simply because there was no longer a "pending" I-130. Count this as a blessing. K3 is an obsolete visa category waiting to be buried. Follow the CR1 path your I-130 is on.

Please note that nobody has applied for a visa yet. You filed a petition. NVC doesn't deny visas.

yes it was the ucis that denied it but denied it as a k1 visa going for th Cr1 but waiting for the funds! I am in the construction business and haven't worked in 3months

my lawyer resubmitted the k3 again explaining what they did wrong

thanks for the input

I hope you didn't pay the lawyer to do that, because USCIS did nothing wrong. They cannot approve an I-129F for a beneficiary spouse unless the I-130 petition is still pending. Since your I-130 is approved, the best you'll get back from them is another denial perhaps stating the correct reason or perhaps not. It sounds like somebody simply checked the wrong box resulting in the wrong reason for denial appearing on the form letter. With an approved I-130 your I-129F will not be approved. Forget about the K3 and follow the CR1 path. That's your only remaining option. If you don't have the fees and your I-864 won't look good, NVC will hold the I-130 up to a year.

thanks again going for the CR next month when things are better here! anyone have a general idea of the timeline on that? just going to lose sometime

[payxibka 10,045]

did you resubmit the whole K-3 package with a new filing fee and all?

no added filing fee for a I-129F for K-3