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What is the best course of action after denial of K1 visa?

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My fiance's K1 visa was denied at the consular interview and he was given a letter stating that new information came up in the interview so petition is being sent back to USCIS for review and possible revocation. No mention of what information that was. We were shocked at this outcome as we are a bonafide couple with no issues like overstays,criminal history,etc and we have been meeting frequently.
We came to know that the process to clarify the findings of the interview is going to take another year till he gets another interview :-(

Is there any way to appeal the interview decision or speed up the processing ahead in any way?

Should we withdraw the K1 petition and apply for a CR1 petition (marry in my fiance's country)? Do we need to follow through on the reason of rejection?

Attorney Answers 4

Posted

Your best plan of action is to retain an experienced immigration attorney. Depending on how long ago the interview took place you may be able to request reconsideration. You also have the alternative of refilling or marriage. To discuss all of the alternatives is to complicated for this website.
In any event, what ever action you choose to take, I suggest you determine the reason for the denial before you waste your time filing again. This is where an experienced attorney will be extremely helpful.

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Posted

Interview took place a week ago. How do I go about requesting reconsideration of our case? Also how do I go about determining the reason for the denial?

Posted

You could possibly seek reconsideration of the decision. Alternatively, you could re-file or marry elsewhere. However, given the prior denial, you really should consider working with an attorney on this. These are not easy cases the first time you try to do it for a non-lawyer, but they are pretty straightforward for an attorney who has handled dozens or even hundreds of them.

This is not legal advice and no attorney-client relationship has been formed. Then only way to do that would be to to retain my office; if you are interested in that, I can be reached at 703/885-0637.

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Posted

Retain an experienced immigration attorney at once to look into this. In such situations seeking "reconsideration" is tremendous waste of time, and as such futile at best. Refile a new fiancée petition or get married in fiancée's country & sponsor for immigrant visa, but this will take much longer than. A successful K-1 and you know it. Hire an immigration lawyer ASAP.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

Considering the denial, you will have to work with professionals to avoid the risks of more mistakes.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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