QUESTION
What are my options if my fiance visa application was denied?
Asked on Oct 21st, 2013 on Immigration - New York
More details to this question:
I visited my fiance in the Philippines in October 2010. I retained an immigration lawyer in 2012 and paid to do a k1 fiance visa. I was contacted by the homeland security and they said that they needed proof of the two year meeting. Is the meeting from the time I went over to meet her and the consulate received a packet or from the time that you retained a lawyer and sent in the packet and it was received by the consulate? Also, I wanted to ask how come the homeland security can make an important decision and not the consulate? I was never informed by the consulate.
3 ANSWERS
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The 2-year meeting requirement is calculated back from the date that the petition was filed with USCIS. Petitions are adjudicated by USCIS, but it is the US consulate that has the final say on whether to grant your fiance a visa to come to the US or not.
Answered on Oct 22nd, 2013 at 4:54 PM
You have to have met your fiance in person within 2 years prior to submitting the fiance visa petition. After that, presumably you would have also kept in touch and met in person if it is a valid relationship. If you did not, perhaps the USCIS determined that it was not a bona fide relationship and that is why it was denied. I have no way of knowing the exact reasons without knowing all the specifics. However, if you believe that the relationship is valid and the denial was in error, there is nothing preventing you from refilling another petition.
Answered on Oct 22nd, 2013 at 2:20 PM
You should discuss all this questions with your lawyer. Read instructions to form I 129F to get answers to your questions at uscis.gov.
Answered on Oct 22nd, 2013 at 12:53 PM