What can I do if the consular denied our case? 9 Answers as of October 19, 2011

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.

You will need to go back, get married and make sure this time, you will have enough evidence showing good faith marriage.

You will have an opportunity to rebut the findings made by the U.S. Consulate regarding the K1 visa. It is important that you file a very strong response demonstrating the relationship is genuine. You will have only one shot to straighten this matter out. If you do not properly dispute the findings of the U.S. Consulate, the K1 will be denied. It would be best to speak with an attorney in person immediately. You should bring all the documents previously filed and discuss the issues. The attorney can assist you in preparing a thorough response.

A denial from a consulate decision is a difficult thing to overcome. You can try to appeal the decision once USCIS reviews the application and notifies you of their decision. Or you can just go to Cambodia again and marry your fiance and petition for her as your wife. Make sure the application is well prepared by a good immigration attorney .

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.

The consular office will return the petition to the USCIS service center that originally approved the petition together with specific findings in support of the denial. In that regard, the service center will give you the opportunity to refute the reasons cited for the denial and will thereafter either revoke the approval or return the approved petition to the consular office for renewed K-1 visa processing. The procedure is somewhat complicated and it would be in your best interests to be represented by an experienced immigration attorney.

If you have not meet in person within last two years prior to filing your K1 petition you should documents reasons why you didn't. Among the reasons that are usually being acceptable by consular officers are those related to cultural traditions or religious reasons. For more information about other acceptable reasons you need to consult with experienced immigration attorney.

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.

It is typical for them to deny approved I-130. You need to retain a lawyer to write to USCIS who will send your an letter of "intent to deny". You have one last shot to prove your relationship. You need professional help.