K 1 denied

A

ayyubov

Registered Users (C)
My brothers K1 was denied today. I don't have the details yet but will provide later.

My question is:

His Fiancee (US Citizen) is willing to travel to his country and marry him. Will K1 denial affect in any way the Green card procedure?
 
Triple Citizen said:
That depends on the reason for the denial. Were the two vital conditions for a K-1 visa met by both parties?
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Thanks for your reply Triple Citizen.

What Vital conditions are you referring to? There was no criminal records and/or any immigration problem in the past.
 
(1) Both parties must be free and willing to marry
(2) Both parties must have met once in the last 2 years

A waiver can be sought for #2, but it is rarely approved. The consulate must have stated exactly why the denial took place. You need to find that out. Contrary to popular belief, K-1 sponsor and beneficiary do not have to be in love to qualify. Complying with the above 2 conditions is all that is required by law. Ofcouse medical, financial and security requirements also need to be fulfilled.
 
Triple Citizen said:
(1) Both parties must be free and willing to marry
(2) Both parties must have met once in the last 2 years

A waiver can be sought for #2, but it is rarely approved. The consulate must have stated exactly why the denial took place. You need to find that out. Contrary to popular belief, K-1 sponsor and beneficiary do not have to be in love to qualify. Complying with the above 2 conditions is all that is required by law. Ofcouse medical, financial and security requirements also need to be fulfilled.
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As far as I know all that was met. I will need to get some more details. thank you for the information.
 
well, K1 denials are pretty rare unless you haven't included the required documents nor have met the criteria..

Please post the reason for denial.
 
Missing documents/evidence would lead to 221(g), which is not a denial. Even if the consulate decides to send the approved I-129F back to USCIS, it will be a 221(g). If "criteria" is not met, USCIS will catch that (hopefully) before it gets to the consulate. The OP has not mentioned which consulate this incident took place at. If it occured in a country where visa fraud is high, then it is very much possible that the consulate wants USCIS to review the petition again. In that case, the sponsor will be contacted shortly.
I was a K-1er in 2002. However, I went through the Montreal consulate, which is considered an "easy" consulate :)
 
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