My fiance had an interview for the k1 visa in Casablanca, Morocco. He was given a letter that said his via was denied because he was eneligable for reasons "listed below" the other box was checked and no reason/explination given. When I called the consulate I was told our petition was sent back for further review. What does that mean? How long can this take? what should we do now? Should we withdaw the k1 petition and get married in Morocco and file the k3? I hope smeone can advise we are a couple that lives a very modest lifestyle so it is difficult for us to afford a lawyer. It will be appreciated if someone could just shed some light and direct us in the right direction. Thanks in advance for your time :0)
Once the USCIS receives the case back from the US Consulate, it will likely issue a request for evidence or notice of intent to deny. In both cases, you have an opportunity to respond to the reasons for denial. In the past the USCIS has taken up to several years to issue the request, but more recently, this has been occurring in 3-6 months form the return of the file.
The denial presumably would have to do with the failure to meet the requirements of the visa (e.g., no proof that you have actually met within the past 2 years or other reason).
There is no substitute for meeting with an experienced immigration lawyer. Feel free to take advantage of our Free 30 Minute In-Office Consultation by clicking on the BOOK NOW button on our website: www.glinlaw.com and choose Option 1. The link below will also take you to the appointment scheduling system. You may also contact our scheduling desk at (301) 987-0030 extension 1. We would be happy to work with you so that you can make an informed decision on how to proceed.
I will agree with the previous attorney. The other option is to file the K3 or file the straight greencard if you are already married to her. In fact, if you are already married, you cannot file the K1. You can also refile the entire k1.
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