ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Case Filing and Progress ReportsInterview tomorrow at 1pm
Good luck!

(no process/procedural issues, status report only - moving to K-1 Progress Reports)

Stephen + ElishaMaleSouth Korea2009-09-27 17:09:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsK1 Visa Approved and Received
Congratulations! star_smile.gif

no process or procedural issues, status report only - moving to K-1 Progress Reports.
Stephen + ElishaMaleSouth Korea2009-09-25 19:09:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsWow, unexpected awesomeness!
Congratulations! star_smile.gif

(no process/procedural issues, status report only - moving to K-1 Progress Reports)
Stephen + ElishaMaleSouth Korea2009-09-28 09:52:00
K-1 Fiance(e) Visa Case Filing and Progress Reportstime line
QUOTE (mike&andi @ Sep 28 2009, 09:56 AM) <{POST_SNAPBACK}>
Hi yall

I received noa on Sept 23. How do I change my time line to show this?

thanks, Mike


http://www.visajourn...eline/intro.php
Stephen + ElishaMaleSouth Korea2009-09-28 08:57:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsInterview Today - APPROVED!
Congratulations! star_smile.gif

no embassy questions, status update only - moving to K-1 Progress Reports
Stephen + ElishaMaleSouth Korea2009-09-23 09:00:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsPetition Approved!
Congrats! good.gif

(no process/procedural issues, status update only - moving to K-1 Progress Reports)
Stephen + ElishaMaleSouth Korea2009-09-28 13:52:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsJuly K1 Filers
no process/procedural issues, status-related request only - moving to K-1 Progress Reports
Stephen + ElishaMaleSouth Korea2009-09-23 19:45:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNOA 2 recieved!! (email)
Congratulations!
Stephen + ElishaMaleSouth Korea2009-09-14 11:50:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsDenial Notice Sent (K1)
QUOTE (ThomLin @ Aug 28 2009, 11:21 AM) <{POST_SNAPBACK}>
with out action, won't be answers...so hopeless about my dream...


No te preocupes, lindisima Linda. Estoy seguro que su Thom puede hacer lo que se necesita y va a hacerlo muy pronto!
Stephen + ElishaMaleSouth Korea2009-08-28 10:57:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsDenial Notice Sent (K1)
QUOTE (ThomLin @ Aug 25 2009, 11:24 AM) <{POST_SNAPBACK}>
I'm so tired.... crying.gif

Awww... hang in there, Linda!

What did you guys decide to do? Are you filing the appeal/motion to reopen, or just going ahead with a new I-129F?
Stephen + ElishaMaleSouth Korea2009-08-25 10:30:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsDenial Notice Sent (K1)
QUOTE (dipesh @ Aug 19 2009, 05:08 PM) <{POST_SNAPBACK}>
QUOTE (Stephen + Elisha @ Aug 19 2009, 02:53 PM) <{POST_SNAPBACK}>
Since you are legally married, you cannot reopen the case for the K-1 petition. You are no longer eligible for a K-1 visa.

You can file an I-130 for CR-1 status, and also file a new I-129F petition for K-3 status. Check the guides for more info.


does that mean we get no benefit at all of applying early, instead our 3 months of time after marriage just went in vain?

thanks,
dipesh

I'm afraid so. You can't convert a K-1 petition to a CR-1 or K-3 petition. Sorry. sad.gif

Good luck with the rest of your journey!
Stephen + ElishaMaleSouth Korea2009-08-19 19:41:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsDenial Notice Sent (K1)
Since you are legally married, you cannot reopen the case for the K-1 petition. You are no longer eligible for a K-1 visa.

You can file an I-130 for CR-1 status, and also file a new I-129F petition for K-3 status. Check the guides for more info.

Edited by Stephen + Elisha, 19 August 2009 - 03:54 PM.

Stephen + ElishaMaleSouth Korea2009-08-19 15:53:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsDenial Notice Sent (K1)
Linda, did you and Thom see each other in person between March X, 2007 and March X, 2009 ("X" representing the exact day in March 2009 when you filed your I-129F)?

If you did NOT see each other in person during that 2- year period—or do not have primary evidence to prove it (see the VisaJourney K-1 guide)—an appeal is not an option. You must refile. Answer "yes" on #11 on your new petition, and attach a supplemental sheet with the pertinent dates and reason for denial. A previous denial for lack of evidence should not prejudice a new filing in any way, as long as you provide plenty of evidence in your new petition.

If you DID see each other during the aforementioned 2-year period AND have evidence to prove it, you can appeal or refile. The appeal will be more expensive, but MAY (or may not!) be faster. People who've been in the same position can offer far better advice in this regard.
Stephen + ElishaMaleSouth Korea2009-08-18 10:46:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsDenial Notice Sent (K1)
QUOTE (SnoopyTN @ Aug 18 2009, 11:24 AM) <{POST_SNAPBACK}>
Hi. Actually I did read the original thread. I apparently misuderstood when they said August 14th would be two years from when they met. I thought you had to prove you met two years ago before you could apply for the K!-Visa.

I'm sorry about that. I signed up as a member today, because I was just trying to help.

Take care,

Kim


Sorry Kim, my snarky "try reading the rest of the thread" was directed at the second poster I quoted, not you. Wasn't trying to be a jerk to you. oops8rh.gif
Stephen + ElishaMaleSouth Korea2009-08-18 10:34:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsDenial Notice Sent (K1)
QUOTE (SnoopyTN @ Aug 18 2009, 09:20 AM) <{POST_SNAPBACK}>
Hi. You mentioned that you met 2 years ago on August 14th. I wonder if the problem is that you submitted your forms prior to August 14th. Even though they didn't review it until around that date, maybe they go by the submission date. Since it was less than 2 years, they may have automatically denied it. Since you are now past the 2 year mark, maybe you won't have any problems.

I wish you all the best!

Kim


You're misinterpreting the 2 year requirement. There's no requirement that the couple has known each other for more than 2 years. The requirement is that the couple has met in person within 2 years preceding the filing of the I-129F. So, for example, if you filed the I-129F today, 18 August 2009, you would have to submit evidence that you had seen each other in person at least once between 18 August 2007 and 18 August 2009.


QUOTE (Jamaican JNR @ Aug 18 2009, 09:43 AM) <{POST_SNAPBACK}>
QUOTE (ThomLin @ Aug 5 2009, 05:07 PM) <{POST_SNAPBACK}>
Hi everybody! I just received yesterday the denial for the NOA2, we still don't know why was the reason, we have to wait to get the letter explaining the reasons, but someone knows why could be the denial? because I don't get it, we both are singles, never married, next 14th august we get 2 years of know each other, we have pictures, timestamps in his passport, videos, phone calls, emails...

why the heck they denied our NOA2? or K1? I'm just so sad, and confused I don't know what to do because I'm not there.

I have been thinking seriously cross the border....

It sucks that u love someone and u can't be with your loved one....

Can someone help me? do we have hire a lawyer? have someone got a denial? and what you did? what were your options?

Thanks for take time to read and answer...

Best regards!

ThomLin blink.gif

Sorry about your denial notice. There is something that cause them to arrive at that decision however.


They received the denial notice hard copy—in fact, Linda posted scans of it—and the reason for denial was that they misunderstood the (very confusing) I-129F instructions and failed to include evidence of having met in person in the last 2 years. Try reading the rest of the thread next time. rolleyes.gif
Stephen + ElishaMaleSouth Korea2009-08-18 09:01:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsDenial Notice Sent (K1)
Linda, you might want to look at my latest post in the March 2009 VSC thread. If you guys have strong evidence (primary and secondary—see the VisaJourney K-1 Guide for info) of having met in person in the 2 years prior to your original I-129F submission, the appeal might be faster: they can treat the appeal as a motion to reopen in order to grant favorable action within 45 days.

Also, you might want to try posting about this in the K-1 Fiance(e) Visa Process & Procedures forum or ask the moderators to move this thread there. You might find people there who have specific experience with this kind of thing.
Stephen + ElishaMaleSouth Korea2009-08-13 15:09:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsDenial Notice Sent (K1)
QUOTE (Richard-Joanna @ Aug 13 2009, 03:39 PM) <{POST_SNAPBACK}>
QUOTE (Stephen + Elisha @ Aug 13 2009, 03:32 PM) <{POST_SNAPBACK}>
Okay. Based on the letter you received, the petition was denied due to lack of evidence establishing eligibility. You have the option to appeal this decision. Though appeals and motions are filed on the same form (I-290B), a "motion to reconsider" or "motion to reopen" are not available to you.

Mind you, I am not a lawyer, so take the following in that light. That being said, my advice follows.

Do not appeal this decision. File a new I-129F and be absolutely certain that you have included all the required evidence. In that regard, you won't go wrong if you follow the K-1 guides and checklists here on VisaJourney.

Reasons for not appealing:
  • The decision was legally correct. According to the sections of law and regulations cited in the letter, USCIS can at its discretion deny petitions submitted without evidence. In an appeal, you have to prove that the decision was incorrect. In this case, it was not.
  • The denial you received did not state that you (the beneficiary) or your fiance (the petitioner) was ineligible. Thus, there is nothing stopping you from filing again. It simply said that you had not provided evidence of eligibility, and that the burden of proving eligibility rests with the petitioner.
  • Filing a new I-129F petition is significantly less expensive than filing an appeal.
  • Filing a new petition is likely to be as fast or faster than going through the appeals process.
  • In my opinion, your chances of success are higher with filing a fully-supported I-129F rather than trying to prove through the appeal process that USCIS made an incorrect decision.

Why would a motion to reconsider or reopen not be available to them?

Per the I-290B instructions, "The adverse decision will indicate whether you may file an appeal or a motion." The denial notice stated they may appeal. It makes no mention of a motion to reconsider or reopen, and I would interpret that to mean that those avenues are not available. It further states that the requirements for motions to reopen and motions to reconsider are found at 8 CFR 103.5, which I have not read.
Stephen + ElishaMaleSouth Korea2009-08-13 14:47:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsDenial Notice Sent (K1)
Okay. Based on the letter you received, the petition was denied due to lack of evidence establishing eligibility. You have the option to appeal this decision. Though appeals and motions are filed on the same form (I-290B), a "motion to reconsider" or "motion to reopen" are not available to you.

Mind you, I am not a lawyer, so take the following in that light. That being said, my advice follows.

Do not appeal this decision. File a new I-129F and be absolutely certain that you have included all the required evidence. In that regard, you won't go wrong if you follow the K-1 guides and checklists here on VisaJourney.

Reasons for not appealing:
  • The decision was legally correct. According to the sections of law and regulations cited in the letter, USCIS can at its discretion deny petitions submitted without evidence. In an appeal, you have to prove that the decision was incorrect. In this case, it was not.
  • The denial you received did not state that you (the beneficiary) or your fiance (the petitioner) was ineligible. Thus, there is nothing stopping you from filing again. It simply said that you had not provided evidence of eligibility, and that the burden of proving eligibility rests with the petitioner.
  • Filing a new I-129F petition is significantly less expensive than filing an appeal.
  • Filing a new petition is likely to be as fast or faster than going through the appeals process.
  • In my opinion, your chances of success are higher with filing a fully-supported I-129F rather than trying to prove through the appeal process that USCIS made an incorrect decision.


Stephen + ElishaMaleSouth Korea2009-08-13 14:32:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsDenial Notice Sent (K1)
Linda, what might be most helpful is if you would post the full text of the denial letter your fiance received (leaving out any personal/private information, of course). That might get you the most accurate advice.
Stephen + ElishaMaleSouth Korea2009-08-13 13:46:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsDenial Notice Sent (K1)
QUOTE (ThomLin @ Aug 12 2009, 12:47 PM) <{POST_SNAPBACK}>
Hey VJ family!! I hope everybody be good..

Well we got the hard copy and the motives were what we thought ...drugs, alcohol and rock and roll!!!!!!!! jajajajajajajajajajajajaja...I'm kidding!!! jest.gif

The reasons were we didn't sent proves about we have been together for those 2 years Thomas just sent the forms, we can appeal that's what the letter said but I'm not sure if the process is gonna be fast and of course I have not idea how is the appeal...

I'm kinda frustrated cuz I can't do much being here...

The only good new I have right now is the next 19th we going to spend time together, He's coming to Mexico, Thomas, my babygirl and I, going to have vacations in a beautiful beach...

If someone have information about how is the process, what happen in your cases, any information would be great to know...

Thanks everybody and God bless you!!!

Linda star_smile.gif

Hi Linda! Good to hear from you smile.gif

What a bummer that they didn't return your I-129F initially due to lack of required information! You could have saved so much time if they'd rejected the petition initially rather than letting it wait around and then denying it rather than issuing an RFE. Water under the bridge though.

On the bright side, it sounds like there's nothing in your or your fiance's background that renders you ineligible for the visa. Nothing to stop you from trying again!

As for your next step, I'm guessing that you're better off to just file a new I-129F and make sure you include plenty of primary evidence showing that you've met in person in the last 2 years. You'll have to specify on question #11 that you've filed before and give the result, and you may want to attach a supplementary sheet explaining the circumstances and reason for the denial. But from what I've read, starting over from scratch is cheaper and quicker than trying to appeal or move to reconsider the denial.

Whatever you decide to do, best of luck—and enjoy your time with your SO! Most of all, keep smiling! smile.gif
Stephen + ElishaMaleSouth Korea2009-08-12 11:57:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsDenial Notice Sent (K1)
QUOTE (DianneWalgreens @ Aug 6 2009, 09:05 AM) <{POST_SNAPBACK}>
QUOTE (AbbynSheryl @ Aug 5 2009, 05:31 PM) <{POST_SNAPBACK}>
u have one option that get marry and file for CR1
sorry about ur denial and good luck
abby n sheryl


abbynsheryl the OP got denied from the USCIS it means they found something from the petitioner's background its advisable to know whats the reason why they got denied cause if they dont and follow your advise to get married and file for CR1 they will still get deny by the USCIS

Not necessarily. Yes, it's possible that something came up in the petitioner's (or the beneficiary's) checks, but if you read the preceding posts in this thread, you'll see two different users who were denied because their I-129F packages were incomplete. It could be that simple. Jumping to conclusions like this doesn't help the OP.

QUOTE (Bobby_Umit @ Aug 6 2009, 09:09 AM) <{POST_SNAPBACK}>
I would actually wait till the denial letter comes in before I would jump into marriage.

Whatever stopped the K-1 may prevent the CR-1 from being approved.

This is much better advice. While the waiting may be torturous, the reasonable course of action is to wait until the Notice of Denial hardcopy is received. Only when the couple knows the reason for the denial will they be able to determine how to proceed.
Stephen + ElishaMaleSouth Korea2009-08-06 08:21:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsVSC is really moving!
Congrats!

Timeline-related, no process/procedural issues - moving to K-1 Progress Reports
Stephen + ElishaMaleSouth Korea2009-09-20 08:38:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsI-129F Sent!! Finally!
Congrats and good luck!

No process issue - status report - moving to K-1 Case Filing and Progress Reports
Stephen + ElishaMaleSouth Korea2009-09-11 22:59:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsTHANK YOU GOD!!!!!WE GOT APPROVED :)
Congratulations!

Just a note of clarification: your fiancee's K-1 has not yet been approved. The I-129F petition was approved, which means that your fiancee can apply for a K-1 visa at the consulate (you mentioned Mexico, so it would be in Ciudad Juarez) once the approved I-129F is received there. It first has to go through NVC, however, which can take anywhere from days to weeks—usually days, sometimes much more.

Moving to K-1 Progress Reports...
Stephen + ElishaMaleSouth Korea2009-09-11 09:02:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsVSC is moving quickly and decisively
QUOTE (TexPol @ Sep 25 2009, 10:46 PM) <{POST_SNAPBACK}>
Looks like a lot of March and April filers got screwed at VSC for some reason ..but better late than never I suppose.

Indeed. All's well that ends well!

QUOTE (Cari @ Sep 25 2009, 11:01 PM) <{POST_SNAPBACK}>
Hi,

I received the NOA2 yesterday as well....! 31 days after NOA1 from Vermont.

I am so excited!!!!!! Thanks to all your help, tips and posts!!!

Remember, no need for a lawyer!

Good luck to you all!


kicking.gif

I'm curious - you mailed your I-129F on 8/13, but your timeline says 8/24 for NOA1. Are you sure that's right? Is 8/24 the date printed on the NOA1, or is it the date the hard copy arrived in the mail?
Stephen + ElishaMaleSouth Korea2009-09-25 22:25:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsVSC is moving quickly and decisively
QUOTE (Tygrys @ Sep 25 2009, 09:43 PM) <{POST_SNAPBACK}>
Yeah, sure... just got my NOA2 after 155 days at VSC.
Very quick and decisive move, indeed! Praise VSC!

Yeah, nice of them to come back and clean up the mess they left behind after cherry-picking to pad their stats, eh?

- 153 days @ VSC, 22 @ NVC
Stephen + ElishaMaleSouth Korea2009-09-25 20:53:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAFFIDAVIT OF SUPPPORT
QUOTE (my2rmylife @ Oct 17 2009, 09:39 PM) <{POST_SNAPBACK}>
QUOTE (Stephen + Elisha @ Jul 30 2009, 10:41 AM) <{POST_SNAPBACK}>

Yeah, they use the little signature flag in Adobe, which could lead one to believe that the form can be electronically signed. But if you notice, there's no "submit" button anywhere on the form.

Anyway, since you're posting this in a K-1 forum, I presume you're referring to the I-134 Affidavit of Support, which the



ds230 part one can be scanned and emailed ....

That depends entirely on the consulate. Some consulates allow this; others (such as Seoul, with which we dealt) require it to be faxed; others require it to be mailed; still others don't require the DS-230 for K-1s at all. That being said, a scanned and emailed form is far different than an electronically submitted (i.e., type data into fields and click "submit") form.

In general, the K-1 process remains a paper process. This will change somewhat as more embassies begin to use the DS-160—which is an electronically-submitted form—in lieu of the DS-156, DS-156K, etc. But for now, paper forms rule the day.
Stephen + ElishaMaleSouth Korea2009-10-19 09:31:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAFFIDAVIT OF SUPPPORT
Yeah, they use the little signature flag in Adobe, which could lead one to believe that the form can be electronically signed. But if you notice, there's no "submit" button anywhere on the form.

Anyway, since you're posting this in a K-1 forum, I presume you're referring to the I-134 Affidavit of Support, which must be submitted to the consulate, not to USCIS. As of now, the entire K-1 process remains paper-only—no electronic filing option for any form at any point.
Stephen + ElishaMaleSouth Korea2009-07-30 09:41:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAFFIDAVIT OF SUPPPORT
The form cannot be submitted electronically, and therefore cannot be signed electronically. Print it out, sign it, and submit the original signed copy (not a photocopy).
Stephen + ElishaMaleSouth Korea2009-07-30 09:31:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNew Member Question
status/timeline-related, moving to K-1 Progress Reports
Stephen + ElishaMaleSouth Korea2009-10-19 11:54:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsK1 packet ready to go
Add/Edit your Timeline

Best wishes for a speedy journey!

moving to K-1 Progress Reports...
Stephen + ElishaMaleSouth Korea2009-10-19 15:35:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsVISA in hand
QUOTE (thongd4me @ Oct 21 2009, 04:31 AM) <{POST_SNAPBACK}>
Congrats - more of a progress report than process/procedure.

Indeed - moving to K-1 Progress Reports...

Oh, and congrats to the OP! star_smile.gif
Stephen + ElishaMaleSouth Korea2009-10-21 08:02:00
K-1 Fiance(e) Visa Case Filing and Progress Reportscold feet-- is it over?
Sorry to hear about this, hope it all works out...

not K-1 process or procedure related, relationship status-oriented... moving to K-1 Progress Reports
Stephen + ElishaMaleSouth Korea2009-10-21 09:19:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNOA 2 K-1 Petition Approved VSC
Congrats! star_smile.gif

Moving to K-1 Progress Reports...
Stephen + ElishaMaleSouth Korea2009-10-21 14:09:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsJust got NOA2 in 40 days. Used 1 copy of G325A
Meanwhile, USCIS has updated the G-325A form information page on the website. It now states that the G-325A consists of a 1-page form and 1 page of instructions.

http://www.uscis.gov...000b92ca60aRCRD
Stephen + ElishaMaleSouth Korea2009-10-20 08:05:00
K-1 Fiance(e) Visa Case Filing and Progress Reportscase not received by nvc
When you call NVC, are you trying to check your case number with the automated system or are you actually speaking with an operator?

If an operator tells you that your case has not been received, then I would suggest you start making inquiries with USCIS and your congressman or senator.

Good luck!
Stephen + ElishaMaleSouth Korea2009-10-21 09:07:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsVisa APPROVED !! but was not easy
Sorry about what they put you guys through, but the end result is what matters most! Congrats! star_smile.gif

Moving to K-1 Progress Reports...


Stephen + ElishaMaleSouth Korea2009-10-21 14:12:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAfter petition leaves NVC
QUOTE (Miss Natalie @ Sep 28 2009, 09:05 PM) <{POST_SNAPBACK}>
QUOTE (hindocha @ Sep 28 2009, 09:48 AM) <{POST_SNAPBACK}>
How did you track you petition? I have tried to obtain a DHL tracking number but they won't give it. Please help


Once you have spoken to the NVC and found out that your petition has been sent, go to the DHL website and go to TRACK BY REFERENCE http://track.dhl-usa...?nav=TrackByRef

type in the following reference based on the date the NVC told you they sent the package EXP XX XXX 2009A. So if it was sent out on september 22 it would look like so: EXP 22 SEP 2009A - try the dates a few days around the time they told you it was sent as it might not be on the exact date they supplied.

A list of all the packages sent from the NVC with that reference should appear. Scroll through and find your country smile.gif

Hope this helps!



Just a note: NVC also uses the reference 'CORRESPONDENCE' on some of their packages. No one around here seems to know if there's any difference between the 'CORRESPONDENCE' reference packages and the 'EXP DD MON YYYYA' reference packages.
Stephen + ElishaMaleSouth Korea2009-09-28 20:20:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNOA 2
Congrats!

moving to K-1 Case Filing and Progress Reports...
Stephen + ElishaMaleSouth Korea2009-10-22 09:32:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsA big thank you
Congratulations!

moving to K-1 Progress Reports...
Stephen + ElishaMaleSouth Korea2009-10-26 15:38:00