QUESTION
What can I do if the consular denied our case?
Asked on Oct 18th, 2011 on Immigration - Colorado
More details to this question:
I have to file a petition to sponsor my fiance in Cambodia. During her interview the consular denied her case which they feel that our relationship is not genuine. They will send the petition to USCIS for review and I'm looking for a support to take action in this matter in order to approve for k1 visa issuance.
4 ANSWERS
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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The USCIS will generally issue you a Notice of Intent to Revoke (NOIR) which will give you the opportunity to present documentary evidence of the bona fides of your engagement. Be prepared to provide a significant amount of information to prove up your relationship. If the USCIS affirms their decision, your fiance will then re-apply for the K-1 visa.
Answered on Oct 19th, 2011 at 2:29 PM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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You will need to go back, get married and make sure this time, you will have enough evidence showing good faith marriage.
Answered on Oct 19th, 2011 at 1:48 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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When you receive the consulate return from USCIS (it's called "Intent to Revoke"), the validity of the K1 petition usually has expired. In that case, you will have to either file a new K1 petition or marry your fiance and file immigrant visa petition.
Answered on Oct 18th, 2011 at 10:31 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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You may be given a chance to submit additional evidence to USCIS, but more likely you will need to file a new K1 visa petition.
Answered on Oct 18th, 2011 at 6:17 PM