Question: What happens IF a K3 is denied?
Jan 9th 2004, 3:21 am
#16
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Re: Question: What happens IF a K3 is denied?
Originally posted by Khadija
Thanks, Leslie/Noorah/Folinskyinla.
Right now I'm more frustrated than fearful. I'm not known for my patience and Cairo hasn't answered my emails inquiring about what we can expect now that they have all our evidence. Unfortunately, they're probably backlogged due to the holidays and short work weeks and I'll just have to wait.
Patty Khadijah
Thanks, Leslie/Noorah/Folinskyinla.
Right now I'm more frustrated than fearful. I'm not known for my patience and Cairo hasn't answered my emails inquiring about what we can expect now that they have all our evidence. Unfortunately, they're probably backlogged due to the holidays and short work weeks and I'll just have to wait.
Patty Khadijah
Patty,
I re-read my post from last nigh and realized how insensitive I sounded. Of course you have every right to worry about these things. If you can imagine, it never crossed my mind that we would get denied. I'm glad you waited to post this thread.
You know what though, I have read other posts where people had to provide more proof of this or that, it seems like they always got approved after doing so.I wish you nothing but the best.
Leslie
Jan 9th 2004, 3:31 am
#17
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Re: Question: What happens IF a K3 is denied?
Leslie,
I never thought you anything but the best of intentions in your post!
Until his interview, I, too, never imagined anything negative. I knew we had to be thorough and we might have a few more hoops evidence-wise than other due to our age difference and his unemployment but I never dreamed we'd be in this limbo waiting for the other shoe to drop.
It does seem that outright denial is rare. God willing we won't have to way another other options because his K3 will eventually be approved. However, I'm the kind of person who likes to know the "worst case scenario" so I'm prepared. Hopefully, someone can give us a "step 1, step 2..." of what one does to turn "soft" denials into approvals!
FYI, I just checked the NSC timeline and my date for my I-130 is creeping up! They're up to 7/5/02 and mine is 7/23/02! If Cairo takes much longer, we might be working on is I-130 at this rate!
Cheers,
Patty Khadijah
I never thought you anything but the best of intentions in your post!
Until his interview, I, too, never imagined anything negative. I knew we had to be thorough and we might have a few more hoops evidence-wise than other due to our age difference and his unemployment but I never dreamed we'd be in this limbo waiting for the other shoe to drop.
It does seem that outright denial is rare. God willing we won't have to way another other options because his K3 will eventually be approved. However, I'm the kind of person who likes to know the "worst case scenario" so I'm prepared. Hopefully, someone can give us a "step 1, step 2..." of what one does to turn "soft" denials into approvals!
FYI, I just checked the NSC timeline and my date for my I-130 is creeping up! They're up to 7/5/02 and mine is 7/23/02! If Cairo takes much longer, we might be working on is I-130 at this rate!
Cheers,
Patty Khadijah
Originally posted by Leslie66
Patty,
I re-read my post from last nigh and realized how insensitive I sounded. Of course you have every right to worry about these things. If you can imagine, it never crossed my mind that we would get denied. I'm glad you waited to post this thread. You know what though, I have read other posts where people had to provide more proof of this or that, it seems like they always got approved after doing so.
I wish you nothing but the best.
Leslie
Patty,
I re-read my post from last nigh and realized how insensitive I sounded. Of course you have every right to worry about these things. If you can imagine, it never crossed my mind that we would get denied. I'm glad you waited to post this thread.
You know what though, I have read other posts where people had to provide more proof of this or that, it seems like they always got approved after doing so.I wish you nothing but the best.
Leslie
Jan 9th 2004, 10:37 am
#18
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Re: Question: What happens IF a K3 is denied?
** bump **
Just wondering if anyone had any other ideas?
Just wondering if anyone had any other ideas?
Jan 9th 2004, 10:47 am
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Re: Question: What happens IF a K3 is denied?
Originally posted by Noorah101
Heba! I see both our guys were having trouble in the birth certificate area, for different reasons! Sadegh also has been trying to get his for a couple of months, and as you know is in Iran now getting it - Inshallah! :-))) I, for one, never imagined it would all be this time-consuming and complex. But I know it will be well worth it :-) Glad your hubby got his docs in order :-)
Rene
Heba! I see both our guys were having trouble in the birth certificate area, for different reasons! Sadegh also has been trying to get his for a couple of months, and as you know is in Iran now getting it - Inshallah! :-))) I, for one, never imagined it would all be this time-consuming and complex. But I know it will be well worth it :-) Glad your hubby got his docs in order :-)
Rene
We're lucky they even have birth certificates. There was a time when birth certificates weren't provided for everyone, esp if they lived in rural areas. There can be a lot of problems with them too, particularly when someone other than the parents records the birth or if they don't do it right away. I had a friend from Pakistan whose father never had a birth certificate. When he grew up and needed one, he had to make up a birthday because he didn't know how old he was. (Isn't that a blessing in disguise? If I didn't know my birthdate, I'd flatter myself and make myself 24 years old.
) There are even crazier stories if you want to hear them. 
Jan 9th 2004, 10:57 am
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Re: Question: What happens IF a K3 is denied?
Originally posted by Hebapotamus42
Rene,
We're lucky they even have birth certificates. There was a time when birth certificates weren't provided for everyone, esp if they lived in rural areas. There can be a lot of problems with them too, particularly when someone other than the parents records the birth or if they don't do it right away. I had a friend from Pakistan whose father never had a birth certificate. When he grew up and needed one, he had to make up a birthday because he didn't know how old he was. (Isn't that a blessing in disguise? If I didn't know my birthdate, I'd flatter myself and make myself 24 years old.) There are even crazier stories if you want to hear them.
Rene,
We're lucky they even have birth certificates. There was a time when birth certificates weren't provided for everyone, esp if they lived in rural areas. There can be a lot of problems with them too, particularly when someone other than the parents records the birth or if they don't do it right away. I had a friend from Pakistan whose father never had a birth certificate. When he grew up and needed one, he had to make up a birthday because he didn't know how old he was. (Isn't that a blessing in disguise? If I didn't know my birthdate, I'd flatter myself and make myself 24 years old.
) There are even crazier stories if you want to hear them.
Jan 9th 2004, 2:10 pm
#21
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Re: Question: What happens IF a K3 is denied?
Originally posted by Noorah101
Heba....here's a funny one. When Sadegh finally got a copy of his birth certificate translated, I was worried that the dates somehow wouldn't match up with what I had already filled in for him on the forms. When I received the translation he sent me, lo and behold, it says the year he was born is 1352! LOL They translated the year exactly....from the Persian calendar! They didn't bother translating the year into the Grigorian calendar. I left it as is. But man, that makes him sound 600 years old. Just call him Noah. LOL!
Heba....here's a funny one. When Sadegh finally got a copy of his birth certificate translated, I was worried that the dates somehow wouldn't match up with what I had already filled in for him on the forms. When I received the translation he sent me, lo and behold, it says the year he was born is 1352! LOL They translated the year exactly....from the Persian calendar! They didn't bother translating the year into the Grigorian calendar. I left it as is. But man, that makes him sound 600 years old. Just call him Noah. LOL!
Jan 9th 2004, 6:14 pm
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Re: Question: What happens IF a K3 is denied?
Originally posted by Hebapotamus42
LOL. Cool. He's seen a lot of action these past 600 years. What's the usual life span for Iranaians?
LOL. Cool. He's seen a lot of action these past 600 years. What's the usual life span for Iranaians?
Jan 9th 2004, 10:38 pm
#23
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Re: Question: What happens IF a K3 is denied?
As I understand things they do have to give you a reason in writing and advise you as to whether or not there is a waiver available. I am very interested in this matter as we have a greater chance than most for a denial. I have read the code line by line and for every possible problem that we may encouter a waiver is available. It doesn't mean that they have to issue one; just, that they may issue one at their discretion. We will know on Feb. 9 I suppose.
Originally posted by Khadija
Hi All -
My hubby was asking today what happens if, after all we've submitted (sent via courier to the Consular Section on 12/27) in the way of evidence as well as the correct tax transcripts they requested at his interview, etc..., the Consular Officer in Cairo won't give him a K3 visa. I told him I wasn't sure but I'd ask the NG. I'm assuming the K3 isn't an "all or nothing" visa, right?
Do they have to give him/us a reason? If so, when? In writing? What is our "Plan B"? I assume our I-130 will make its way to the top of the heap at the NSC sometime this year and get to Cairo before the end of the year. Do we just wait for that and hope for a different Consular Officer? Should file for DCF? I was planning a visit there after we hear one way or the other from the Consulate anyway. If it's good news, I'll go over to fly back with him and if it's not, well, we'll need to be together.
I know I might be jumping the gun as we haven't actually been denied but knowing what our options are, in a strange way, will be comforting. You know the old saw, "Knowledge is power" kind of thing.
If anyone has actually experienced a K3 denial with a subsequent success story, I'd love for you to post here. Otherwise any and all advice is appreciated.
Patty Khadijah
Hi All -
My hubby was asking today what happens if, after all we've submitted (sent via courier to the Consular Section on 12/27) in the way of evidence as well as the correct tax transcripts they requested at his interview, etc..., the Consular Officer in Cairo won't give him a K3 visa. I told him I wasn't sure but I'd ask the NG. I'm assuming the K3 isn't an "all or nothing" visa, right?
Do they have to give him/us a reason? If so, when? In writing? What is our "Plan B"? I assume our I-130 will make its way to the top of the heap at the NSC sometime this year and get to Cairo before the end of the year. Do we just wait for that and hope for a different Consular Officer? Should file for DCF? I was planning a visit there after we hear one way or the other from the Consulate anyway. If it's good news, I'll go over to fly back with him and if it's not, well, we'll need to be together.
I know I might be jumping the gun as we haven't actually been denied but knowing what our options are, in a strange way, will be comforting. You know the old saw, "Knowledge is power" kind of thing.
If anyone has actually experienced a K3 denial with a subsequent success story, I'd love for you to post here. Otherwise any and all advice is appreciated.
Patty Khadijah
Jan 9th 2004, 10:44 pm
#24
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Re: Question: What happens IF a K3 is denied?
Limits them to some extent but DCF could still be an option. They would need to find an embassy that would take the case -- she may get another embassy to agree under a humanitarian case, some will depending on the circumstances.
Originally posted by Noorah101
That worked out because he was a K1 applicant, and your next option was to get married and do DCF. You went a totally different route from the original plan. Since Patty and Abdo are already married, it kind of limits the options, doesn't it? They can't switch gears from a K1 to a K3. I wonder, though, if they could choose another embassy to work with if Cairo gives them as hard a time as Abu Dhabi did for you. Being Egyptian, does he have to use Cairo? Now I'm curious to know a solid answer myself! :-)
Rene
That worked out because he was a K1 applicant, and your next option was to get married and do DCF. You went a totally different route from the original plan. Since Patty and Abdo are already married, it kind of limits the options, doesn't it? They can't switch gears from a K1 to a K3. I wonder, though, if they could choose another embassy to work with if Cairo gives them as hard a time as Abu Dhabi did for you. Being Egyptian, does he have to use Cairo? Now I'm curious to know a solid answer myself! :-)
Rene
Jan 10th 2004, 1:10 pm
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Re: Question: What happens IF a K3 is denied?
As for DCF, couldn't still go through Cairo but request a different Consular Officer? Same for waiting for our I-130 to make its way there?
Patty Khadijah
Patty Khadijah
Originally posted by jg1012002
Limits them to some extent but DCF could still be an option. They would need to find an embassy that would take the case -- she may get another embassy to agree under a humanitarian case, some will depending on the circumstances.
Limits them to some extent but DCF could still be an option. They would need to find an embassy that would take the case -- she may get another embassy to agree under a humanitarian case, some will depending on the circumstances.
Jan 10th 2004, 1:47 pm
#26
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Re: Question: What happens IF a K3 is denied?
I would think it depends why the K visa was denied. If it were for example a CIMT, or fraud, or misrepresentation do you really think that you can forum shop and get approved at another consulate?
Originally posted by Hebapotamus42
Patty,
I know this is a question you should be asking. I've been paranoid and wondering about it as well. If you're denied for any reason, it's going to be because of the VCO. And I think that qualifies as a soft denial. Anyhow, if you do choose to do DCF, I learned from the consulate that you don't have to be physically present when you file. They say you have to be present to take an oath on the petition, but if you file P3 at the same time as the petition, you could just be there for the final interview and take the oath there. So basically, you can prepare everything and send it to Abdo (and have him prepare his share of documents) and then have him send everything TNT to the consulate. They'll then send him a letter with his visa interview appointment, which would be about 3 months (educated guesstimate) from the time he sends them the package. If I had known about this much earlier, it would have been a no-brainer option for me. I feel so dumb when I realize that my husband could have been here months ago if I had only listened to him and filed DCF while I was in Egypt. (No way I'm admitting that to him!)
Patty,
I know this is a question you should be asking. I've been paranoid and wondering about it as well. If you're denied for any reason, it's going to be because of the VCO. And I think that qualifies as a soft denial. Anyhow, if you do choose to do DCF, I learned from the consulate that you don't have to be physically present when you file. They say you have to be present to take an oath on the petition, but if you file P3 at the same time as the petition, you could just be there for the final interview and take the oath there. So basically, you can prepare everything and send it to Abdo (and have him prepare his share of documents) and then have him send everything TNT to the consulate. They'll then send him a letter with his visa interview appointment, which would be about 3 months (educated guesstimate) from the time he sends them the package. If I had known about this much earlier, it would have been a no-brainer option for me. I feel so dumb when I realize that my husband could have been here months ago if I had only listened to him and filed DCF while I was in Egypt. (No way I'm admitting that to him!
)
Jan 10th 2004, 2:08 pm
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Re: Question: What happens IF a K3 is denied?
I doubt we'd use any other Consulate. I believe Mr. F. noted we can ask for a different ConOff (correct me if I'm wrong Mr. F.).
If it's denied it would be for reasons related to this ConOff's cynical misbelief that our marriage can't be real, e.g., why else would a 31 year old unemployed man marry a 44 year old chubby woman with a decent job if it not for a GC. Her animosity stems from him asking to have his interview in Arabic. She automatically jumped to the conclusion he couldn't speak any English and then jumped even further by accusing him of not being able to communicate sufficiently with me to be really married. She then seemed bothered by the fact that we didn't rush to submit the I-130 and K3 petitions. In both cases, she'd cut him off before he could give her answers to her questions. The final glitch was not having the tax transcripts so she sent him home with a note to send in the transcripts.
Afterward, the Consulate agreed via email we could send in our photos of us with family, of our flat in Cairo, videos of us at his sister's engagement party and wedding, letters, phone bills, proof of adding him to my health & life insurance, bank statements from our joint checking account, photos and passport stamps to show he's traveled with me on two business trips, etc... I wrote a letter detailing our ability to fully communicate plus I had two colleagues who spent time with us on these business trips write letters stating they could communicate with him. If we had it - we sent it in on the 28th of last month and mind you, our evidence spans 2 1/2 years of a relationship. The problem now is it seems to have gone in a big black hole. I've emailed the Consulate to confirm they have our documents as well as to ask what we can expect in terms of timing but have receive no response.
I'm fairly confident that, if the ConOff just looks at what we submitted, we'll be OK. I'm just nervous they won't look at the evidence. Can they ignore what a petitioner and beneficiary submit???
Patty Khadijah
If it's denied it would be for reasons related to this ConOff's cynical misbelief that our marriage can't be real, e.g., why else would a 31 year old unemployed man marry a 44 year old chubby woman with a decent job if it not for a GC. Her animosity stems from him asking to have his interview in Arabic. She automatically jumped to the conclusion he couldn't speak any English and then jumped even further by accusing him of not being able to communicate sufficiently with me to be really married. She then seemed bothered by the fact that we didn't rush to submit the I-130 and K3 petitions. In both cases, she'd cut him off before he could give her answers to her questions. The final glitch was not having the tax transcripts so she sent him home with a note to send in the transcripts.
Afterward, the Consulate agreed via email we could send in our photos of us with family, of our flat in Cairo, videos of us at his sister's engagement party and wedding, letters, phone bills, proof of adding him to my health & life insurance, bank statements from our joint checking account, photos and passport stamps to show he's traveled with me on two business trips, etc... I wrote a letter detailing our ability to fully communicate plus I had two colleagues who spent time with us on these business trips write letters stating they could communicate with him. If we had it - we sent it in on the 28th of last month and mind you, our evidence spans 2 1/2 years of a relationship. The problem now is it seems to have gone in a big black hole. I've emailed the Consulate to confirm they have our documents as well as to ask what we can expect in terms of timing but have receive no response.
I'm fairly confident that, if the ConOff just looks at what we submitted, we'll be OK. I'm just nervous they won't look at the evidence. Can they ignore what a petitioner and beneficiary submit???
Patty Khadijah
Originally posted by lpdiver
I would think it depends why the K visa was denied. If it were for example a CIMT, or fraud, or misrepresentation do you really think that you can forum shop and get approved at another consulate?
I would think it depends why the K visa was denied. If it were for example a CIMT, or fraud, or misrepresentation do you really think that you can forum shop and get approved at another consulate?
Jan 11th 2004, 4:51 am
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Re: Question: What happens IF a K3 is denied?
Rene,
Well, at least you're not a cradle robber anymore.
Heba,
Neither one of my husband's parents have a birth certificate. They don't know their birthdays. I like astrology so I always ask for birth dates. When I asked his Mom's birthday they all just shrugged. Khalid said "We know the year but that's all." A lot of it had to do with home births and midwifery, and as you said just no reliable record keeping system in place yet.
Well, at least you're not a cradle robber anymore.
Heba,
Neither one of my husband's parents have a birth certificate. They don't know their birthdays. I like astrology so I always ask for birth dates. When I asked his Mom's birthday they all just shrugged. Khalid said "We know the year but that's all." A lot of it had to do with home births and midwifery, and as you said just no reliable record keeping system in place yet.
Originally posted by Noorah101
Heba....here's a funny one. When Sadegh finally got a copy of his birth certificate translated, I was worried that the dates somehow wouldn't match up with what I had already filled in for him on the forms. When I received the translation he sent me, lo and behold, it says the year he was born is 1352! LOL They translated the year exactly....from the Persian calendar! They didn't bother translating the year into the Grigorian calendar. I left it as is. But man, that makes him sound 600 years old. Just call him Noah. LOL!
Heba....here's a funny one. When Sadegh finally got a copy of his birth certificate translated, I was worried that the dates somehow wouldn't match up with what I had already filled in for him on the forms. When I received the translation he sent me, lo and behold, it says the year he was born is 1352! LOL They translated the year exactly....from the Persian calendar! They didn't bother translating the year into the Grigorian calendar. I left it as is. But man, that makes him sound 600 years old. Just call him Noah. LOL!
