K1 Denied

[smiths]

Well, after 5 months of waiting, my fiance and I were denied our K1 as we didn't submit sufficient documentation. I knew that was going to happen unfortunately, and it is really frustrating that they just denied us, instead of sending a RFE letter.

We can appeal their decision, which we plan on doing, however, I am scared to death that they will not approve us and I don't know if you are only allowed one opportunity for a K1 Visa.

Does anyone have any information on this?

[Woodger]

Hi Smiths

Sorry to hear of your misfortune,

May I ask, how did you know they would deny it ?

[francksgirl]

What didn't you send them that they needed?

What didn't you send them that they needed? Did you have evidence that you were both together.........ohhhhhhhhh that just sucks!!! I think that you can re-apply, just takes longer. You have to start the whole process over again though I think... I'm so sorry

[nicainix]

sorry about that... i'm so shocked that they denied you... it's RARE for a k1 visa petition to be denied... maybe they saw some discrepancies in your paperwork or something... what did you send?

[smiths]

Originally when we submitted the application, we just sent the application and our check. I know it sounds extremely ridiculous to those who are familiar with the procedure, but as someone who has never tried to petition to get married to someone from another country, I had no idea how the process worked. I just thought they would contact me, after I submitted my application and got a receipt letter. I wish I knew about this website prior to submitting my application, as you all have been so helpful and knowledgeable.

What I think upsets and frustrates me most, is that when I submitted the application and check, they cashed the check and gave me a receipt number, when they knew very well that they didn't have any evidence to support my application and I would be denied! I had no idea I had to submit documentation to them right off the bat. Call me stupid or naive, but it was an honest mistake! And the fact that you cannot contact anyone officially from the VSC is a joke! You are helpless!!!

I know I have no one to blame but myself, as I didn't thoroughly read the requirements and now I have to pay an additional $600.00 to appeal their decision. I just hope that we are given a second chance. I love my fiance more than anything in this world and the thought of not being able to marry him and spend the rest of my life with him in the United States, is devastating. I guess my only alternative is to move to England if we are denied in the U.S.

[francksgirl]

don't remember.......

Not sure where I read before, but you can re-apply, it will just take longer that's all.... : ( Just make surrrrrrre you have all of the documentation you need that's all. I would suggest finding an immigration lawyer. It should only cost you $500.00 for one to make sure that you have everything you need. Make sure that you have him get a copy of his birthcertificate translated in english.........you will need a copy of that and his original. Don't just send 6 pix of you and your guy.....send them mannnny.....write on the back where they were taken and the date. Give them everything.....even copies of phone records with your numbers highlighted, so later they don't ask for additional evidence....copies of gmail printscreens.....copies of emails.......plane ticket copies, with immigration stamps for your visits........this way they won't ask for additional evidence like they did to my Honey and I.....Also......if you have a engagement ring.....pix of that, and copy of the receipt of the ring if you have it. I'm sick of waiting......I just want my Love here with me too.......this whole process just sucks......hang in there.........

[Woodger]

Try appealing perhaps ?

For that.. you will probably need an expert or a lawyer... might be quicker to appeal tbh.. and won't cost you another filing fee ?

[Woodger]

Would also say ...

you were denied for not sending the evidence, not for anything that will stop you being denied a second time

You'll get there, it's just going to take time thats all, hang in there, it's a horrible process to go through and we're all going through the same time torture, visit the forums regularly and vent your feelings, really helps !

[Russell]

When they ask for additional evidence it seems like they keep you at the front of the line hopefully the appeal could keep you at the front of the line too.

[smiths]

Thank you so much for the support! I really appreciate everyone's input. I am praying that our appeal goes through within 3-6 months and is accepted. We have an abundance of evidence that proves we are a "real" couple and have been in a relationship for over 2 years. My fiance visits every 4-6 weeks through a visitor's visa and I have traveled to England to visit him. We have so much evidence to prove our relationship and honestly, if I would have known that we were supposed to submit the entire package when we mailed the application and check, I certainly would have!!!

Again, I wish I had known of this support group before we submitted our application. It would have saved me a world of stress and anxiety, that is for sure!

[wfuller]

To the smiths, I did the exact same thing. I sent the application and check thinking that when they wanted the additionaly evidence they would ask for it. I also got my reciept number about a week after I sent the application, and we just recently got an email saying we were denied. I dont understand why they couldnt just ask for additional evidence without completely denying us outright. I think most people who are willing to pay 455 dollars for the Fiance visa are pretty serious about it. Anyway, what I am wondering is, to appeal the denial, is there another fee? how long is the wait for the appeal? and what are the necessary pieces of evidence to prove our relationship? besides the evidence, are there any other forms to fill out for the visa to be approved? I have so many questions and feel very confused and frustrated about this. Any help is much appreciated. Thanks!

[nichole]

I married a person from England. It's one of the easiest countries for getting a K1 visa. The language is the same, so need for translated documents. The Embassy does not do difficult interviews or ask you to prove your relationship further once you have proven it to the USCIS with the initial I-129F petition.

If you are going to do this process alone, you have to commit to studying and reading everything you can about the process. That's why they have immigration lawyers---for people who want somebody to walk them through the process so they don't have to study it. The USCIS website has pages of information, the forms, the instructions for the forms, and FAQ.

For example--did you read the 7 pages of instructions for the I-129f? It is a separate download from the I-129f form. It has headings telling you what documentation to include.

3. What Documents Do You Need to Show That You Are a U.S. Citizen?
4. What If a Document Is Not Available?
5. What Documents Do You Need to Prove That You Can Legally Marry?
6. What Other Documents Do You Need?
7. What Documents Do You Need to Comply With the International Marriage Broker Regulation Act? (you probably didn't meet through a broker)

And it says this on page 6:
Initial processing. Once a Form I-129F has been accepted, it will be checked for completeness, including submission of the required initial evidence. If you do not completely fill out the form, or file it without required initial evidence, you will not establish a basis for eligibility and we may deny your Form I-129F.

The I-129F instruction pages also tell you how to get an appointment online (InfoPass) so you can go to your local Application Service Center and receive assistance filling out your forms and completing you application.

[smiths]

It has been about two months since I posted on here but I have fantastic news to share! After speaking with an immigration attorney, we decided to not go forward with the appeal, but decided to file a new I-129F petition, and submit all the required documentation (which we SHOULD have done in the first place ).

We received our NOA1 on September 17, 2009 and we received our approval letter on October 23, 2009 !!!!! I am still in shock that it only took a month for our petition to be approved, especially since we filed at VSC where I have read it usually takes a lot longer than the California service center!

We are now waiting to receive his packet from the London consulate and hope the process goes smoothly from now on!

My advice to anyone who is thinking of Appealing - DON'T do it! Save yourself $100.00 and file a new I-129F application! Be thorough the next time around and have faith!!!

Nichole - I would love to hear more about your experience as your husband is from England as well. Did he go through the London consulate as well?

[NM2428]

I-129F Petitian Filed and oops! Panicking!!!

Hello. I realise this thread is older, and I hope I might get some direction on this.

Sad to say, but we just filed our petition prior to reading these websites. I, unfortunately, misunderstood as well. I thought we filed the paperwork and brought the evidence to the interview. We just filed and it was accepted a month ago. But now, reading this information, not having sent all the required documents. We just sent the application and the cheque. Is our petition guaranteed denial? Or, is there still a chance that they will submit a Request for evidence? Should we be patient wait it out and hope they will RFE, or just go ahead and cancel the current petition, prior to denial, and start the whole process over now?

Any thoughts/advice??

[rayb]

One of three things can happen to your petition, and I have seen all three of them occur for the same reason:

1. You may receive a Request for Evidence, listing most evidence that was missing and giving you 87 days to submit it to USCIS.
2. The whole package may be returned to you as "rejected," with your check uncashed, and telling you to resubmit with the appropriate evidence.
3. Your package may be denied for your faiilure to exercise "due diligence" in researching the requirements. You will be invited to resubmit again (and pay a new fee).

--Ray B

Hello. I realise this thread is older, and I hope I might get some direction on this.

Sad to say, but we just filed our petition prior to reading these websites. I, unfortunately, misunderstood as well. I thought we filed the paperwork and brought the evidence to the interview. We just filed and it was accepted a month ago. But now, reading this information, not having sent all the required documents. We just sent the application and the cheque. Is our petition guaranteed denial? Or, is there still a chance that they will submit a Request for evidence? Should we be patient wait it out and hope they will RFE, or just go ahead and cancel the current petition, prior to denial, and start the whole process over now?

Any thoughts/advice??