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Thread: K1 221(g) refusal returned to USCIS

  1. #1
    I am wondering if anyone has heard of any success with getting K1s reaffirmed through CSC? I am also wondering how to get the NOID. Can you request it when they get your case, or is there another way to find out the reason for the denial? Any advice would be greatly appreciated. Thanks

  2. #2
    Were you or your fiance(e) previously married?

  3. #3
    No...neither of have been married before

  4. #4
    Any criminal activity in either person's past?
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  5. #5
    no...no criminal history or any sort on either side, both have good jobs, he has a college degree.

  6. #6
    also...if i want to refile the K1, must i waitfor the original K1 to expire?? this may take months from what i've heard, so should i instead withdraw the petition? How would that look on our case though?? Thanks everybody.

  7. #7
    An Embassy or Consulate can't deny a visa, they can recommend a denial which is why it is has sent back to the USCIS here for administrative review. It may be possible to request a motion to reopen or some such similar action. You don't have long though. There is no appeal process once you have an officially denied visa. Presumably any future K1 application will be flagged because of the previous denial.
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  8. #8
    Brit is wrong as usual. The DOS is solely responsible for adjudicating visa applications and can deny a visa with a USCIS approved petition.

    Probably what the m.oron Brit is refering to is that DOS is not supposed to re-adjudicate the USCIS petition, but that in no way restricts its ability to deal with fraud.

    Now, getting back to your situation. What reason did DOS give for denying your application for a K-1 visa?

  9. #9
    I know the embassy can just suggest that they revoke the approval. The case has not arrived back at USCIS yet. The reason the CO at the embassy gave was, that he started calling me his lasting love to early & we were talking about living in the US. Both of these didn't start till atleast 4 mths after we started talking, but they didn't have the first 4 mths of conversations because my computer died And from what I know...CSC just lets the K1s that are sent back to expire, so they don't give u a chance to rebuttle it.

  10. #10
    OK, so they have denied for fraud. What you need to do is provide additional information that your relationship is legitimate. Have you met in person? Phone records? Snail mail? etc.

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