Andy_UK

Hello lovely people here.

My fiancee saw this status on line yesterday that our fiance visa has been denied, the reason for this is in the post and not sure why yet, I have a feeling its because of a credit rating, if that is a reason.
What can we do about this decision.

I am also visiting her over the Easter period and was wondering if i just got married then and let the K1 visa come in to effect, if I can legally get married there, not sure of that, and we have been waiting 18 months so far my divorce and the fiancee visa so another year wont matter as i can visit.
TIA
Andy

Andy_UK

BTW I am in the UK and she is in the USA

penguinsix

Hi Andy

I don't have an answer for you, but I'm going to move this over to our Marriage Visa section where the folks have ''been there, done that, and heard it all". Hopefully they can help you out a bit more.

Andy_UK

TYVM

Noorah101

From your thread title, it sounds like only the I-129F has been denied, not the K-1 visa. Can you please clarify which one it is?

That is not a reason to deny an I-129F petition at all. It's also not a reason to deny a K-1 visa. So it's definitely not due to credit rating.

Until you know why [it] was denied, there's no way to know what you can do about it.

If you get married, you can no longer do a K-1 visa - not sure what you meant by "come in to effect". If you marry while in the USA, you guys will start all over with an Immigrant Visa process, and the K-1 option no longer exists.

Yes, you can.

Is your divorce final? Was your divorce final when the I-129F was filed, and did you include proof of it? Was it the decree absolute?

Rene

ian-mstm

Neither the USC's nor the UKC's credit rating is a factor.


Nothing... until you know the reason why the visa was denied. At that point, you can either appeal the decision or simply reapply.


Yes, you can marry while you're in the US. Doing so, will invalidate the entire K-1 process and you'll need to start over again with an immigrant visa - but that's entirely your choice... and, you'll still need to leave the US before the VW expires.

Ian

Andy_UK

1 its the I-129F has been denied. I was put here by another moderator

2 Thanks but wont know what it is until she gets the mail on it

3 as above

4 that may be the only option and I dont mind starting the visa process over again as long as it means i will be able to live there...eventually

5 Just seen that on another post when I visit I can get married legally on an ESTA

Thanks for the info Noorah

Noorah101

For now, just wait and see why the I-129F was denied. Usually it's something as simple as not including enough documentation of meeting in person, or perhaps you sent in the wrong divorce decree, etc. If that's the case, it's easy to fix....just reapply and make sure you have everything required in the package.

If it's something more serious, then we'll figure it out when you know what it is. Keep in mind it might be something that won't go away even with an Immigrant Visa petition either (after marriage).

So, nothing you can do until you know why the I-129F was denied. When you know, come on back and let us know, and we'll help you figure out the next step.

Rene

Andy_UK

Cheers Noorah......will let you know what happens wnen she gets the post (mail)

jeffreyhy

There is no "on an ESTA". You will have traveled to the USA under the Visa Waiver Program (the VWP), which requires pre-approval via the application known by the acronym ESTA.

If you are in the USA you can get married in the USA. It makes no difference how you entered or whether your entry was documented or undocumented.

Regards, JEff

Andy_UK

Cheers Jeff

Thanks for that...it will be one of my options when im there over easter depending on how fast they react to a petition against this denial against a I-129f.

My easter break there starts on 23 march and back in the UK on 11 april.

Thinking if I/we hear nothing back by 5th or 6th of April I'll just get married and take it from there

Rete

Off the top of my head I can think of four reasons why the I-129F could be denied:

1. The USC has not proved they are indeed a USC and/or they are not one;

2. You have not supplied adequate proof of your on going relationship;

3. You have not proved that you have meet in person within the two years immediately prior to the signing/sending of the application; or

4. The divorce decrees were not absolute but nisi and thus you/she was not free to marry at the time of application.

olliewat

Andy - please note this bit from Rene:

Unless you can flip your plans so that your fiancee moves to the UK to be with you, you may want to hold off on getting married until you're completely sorted on why the I-129F was denied.

Noorah101

Thank you for that. +1.

Rene

Andy_UK

Thanks for al your input
I'm now going to wait and see what the refusal letter says and I'll repost here when I know what it is
and thanks for highlighting the bit from noorah, marrage in the usa is the last option as it may be something trivial holding it up

cheers

Andy