K Visa K1 denied - next step

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miccor

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Per my prior post, we were denied at the Guangzhou Consulate. They would not allow us a redress there and would not disclose the reason(s) for the denial other than the form email that stated they did not believe we had a bona fide relationship. We were told that we would now have to wait until it is returned to the USCIS office that approved it for review and possible revocation. If USCIS agrees with the consulate, then we will have 30 days to appeal. I have been told that the time from the consulate sending the case to the time USCIS could be from 4 to 9 months, then USCIS has up to 120 days to complete the review. This is ridiculus, outrageous and totally unacceptable. :mad:
I have spoken briefly with about 5 lawyers, 4 told me "sure no problem, you can cancel the K1 and get married than file I-130/CR1 or K3. Just give us from $3,000 to $4,000. The 5th lawyer said that is true, however I need to not cancel the K1 or let it expire, that I need to rebut the reason(s) for the denial or it could negatively impact the outcome of any further filings. He said during the time that the rebuttal is proceeding, the I-130 will also be processing. By the time the K1 is hopefully satisfied, we should be close to the end of the CR1 process. The California service center does not send out Notice of Intent to Deny (NOID) so we will have to rebut blind, thinking only of what they might have had a problem with.
Do any of the legal minds here have any input on this? I really do not have the funds to waste on a course of action that is not a good bet.
Thank you, miccor
 
I strongly advise you to get a lawyer or wait until you can afford one.Their advice is on point so far. Once you have been denied it is time to forget trying to go at it alone…………. You should be able to get a lawyer for less than 2500$. Just make sure they have been practicing for at least 10 years and have handled similar cases…….
 
hello mafioso, I was recently deny for K1 visa and I have similar question.

When the declined case returned to the CIS, if the CIS review and reaffirm the consulate's decision, will they send out a Notice of Intent to Deny to the petitioner? On the NOID, will they give specific and concrete reason about why they make taht unfavorable desicion?
 
They would just check one of the boxes why without giving specific details. But your lawyer can probe deeper..... Know more and appeal further with immigration. He might recommend marriage and refilling or appeal.
 
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