K-1 denied at Manila Embassy, no reason or direction given.

[pushbrk 12,765]

I found out a little more info last night that I didn't have before.

She did receive a 212(a) ( if I remember the number correctly) stating something to the effect of "no petitionable relationship to the petitioner exists".

She assumes this is because of a previous marriage in 1997, that was dissolved in a US court one month later that she didn't want to tell me about.

She queried the NSO office and found no record of the marriage, so she thought it would not show up. Apparently it showed up in a local govt office where the marriage took place.

She said she had filed for and was approved for an "Abandoned" status with the Philippine courts in Sep 2007, however I had filed for the 129F in Aug 2007.

so.. some questions I have that I will be asking an attorney hopefully today.

1. Can this be challenged at the Manilla embassy, can she show them her abandoned/single status and clear the discrepancy?

2. Is she considered now to have committed fraud on the initial application because of the timing of filing the abandonment after the initial filing for the visa petition?

3. If so, will that prevent me from being able to file for her again?

4. Would this prevent me from filing for anyone else in the future?

5. Am I liable for her misstatement of her marital status?

6. Is she liable?

You'll have to file again. At the petition date, she was still legally married. Unless a misrepresentation is noted, I suspect there will be no problem with a new petition but you'll be starting from square one.

I'd definitely get an attorney involved in this though. There could be a real concern with "a previous marriage in 1997, that was dissolved in a US court one month later that she didn't want to tell me about."

Lies are never a good thing when it comes to immigration.

[English Muffin 59]

Lies are never a good thing when it comes to immigration.

I couldn't agree more with your advice pushbrk. If USCIS do decide that it was misrepresentation that is a very large hurdle to overcome.

[Nutty 2]

My Fiance' called this morning and said she was denied her K-1 Visa

We need to know what to do from here?

Her Interview was a few days ago, she said they told her everything was fine, but she needed two more years of my W2s?!?!? I had sent the 2007 one in the I129F / 134 package, I didn't see any request for 2 more prior years in the documentation and guides or I would have sent them.

I emailed them to her and she took them back in yesterday, they told her to go to some counter where she delivered the W2s. The man at the counter gave her back her and her sons passports they had taken at the medical, and told her she was denied and would have to re-file if she wanted to try again.

And that was it! She tried to find out why, he wouldn't say, he just blew her off and told her she would have to try again.

#######!!! What a bunch of bull ####. How the hell can they deny someone and not tell them why?

She was so prepared. She had all the documentation and relationship evidence organized and tabbed and everything. Not braggin here, but I make $100k a year, had real estate, stocks, etc. listed, 2 years of Long Form Tax returns documenting all of that. All of our trips together, my phone calls, Instant messages, emails, you name it, it was there. Everyone I talked to said, no problem, its a rubber stamp.

This feels like such a bull #### attempt for them to extract more money in fees. All the time and effort and money spent to do that and they just say , sorry your denied better luck next time?? I'm really glad I wasn't there or I would probably be sitting in Jail right now for ringing that #### neck.

So now I have nothing but questions....

Anyone know who's the corrupt SOB is that I have to bribe over there to get this damn visa?

NO

Do I need an immigration lawyer?

YES

I was read here in a few places that it was better if I wasn't there for the interview, would that have made the difference? Do I need to fly over there and go through the interview again?

FIND OUT FIRST IF THE APPLICATION HAS BEEN RETURNED TO USCIS. YOU MUST STOP IT FROM BEING RETURNED BACK STATESIDE!!!! ONLY THEN YOU MAY HAVE A CHANCE TO REVERSE THE DENIAL.

Where does it say on that documentation that we need three years of W2s ??? How did I miss that? Was that just an excuse for them to deny it? I don't see how we could have been anymore prepared.

IT IS LISTED AS "OPTIONAL" ON AFFIDAVIT OF SUPPORT TO INCLUDE LAST THREE YEARS OF TAX RETURNS. HOWEVER, CONSULATE STAFF OFTEN RAISE THE BAR REGARDING THE REQUIRED DOCUMENTS.

Do I have to put that whole package back together again and send it to her? They didn't give any of it back to her.

IF YOUR FIANCE WAS DENIED SHE WOULD HAVE BEEN ISSUED A BLUE SLIP WITH AN EXPLANATION FOR THE DENIAL. THIS IS REQUIRED BY THE EMBASSY TO GIVE AND SHE SHOULD INSIST ON GETTING THE REASON WHY SHE WAS DENIED IN WRITING. THIS WILL GIVE YOU AN IDEA OF WHAT THE CONSULATE FOUND DEFICIENT.

Do we have to do the whole medical thing again ?

NOT UNTIL YOU KNOW WHY SHE WAS DENIED.

Has anyone else been through this denial at the manila embassy that can provide some guidance here.

I'm so pissed off right now I can hardly work today.

Thanks in advance.

Cranky ( an understatement)

[Cranky 0]

You'll have to file again. At the petition date, she was still legally married. Unless a misrepresentation is noted, I suspect there will be no problem with a new petition but you'll be starting from square one.

I'd definitely get an attorney involved in this though.

Agreed, I talked to an attorney this afternoon, she said:

No problem filing again.

We won't be liable for fines for misrepresentation.

She will need an Annulment to proceed.

I will most likely need the involvement of an attorney to file again.

She said this happens in the Philippines all the time, women marry men who disappear, they figure that he disappeared so does the status, or figure they wont need to do anything about it till they need to get married again.

There could be a real concern with "a previous marriage in 1997, that was dissolved in a US court one month later that she didn't want to tell me about."

Lies are never a good thing when it comes to immigration.

Lies are never good when it comes to relationships either, and an ommission of a material fact because you didn't want someone else to find out is a lie in my opinion. If someone will lie about this, then ethically, where will they draw the line? I have lots more questions to deal with now.

[pushbrk 12,765]

You'll have to file again. At the petition date, she was still legally married. Unless a misrepresentation is noted, I suspect there will be no problem with a new petition but you'll be starting from square one.

I'd definitely get an attorney involved in this though.

Agreed, I talked to an attorney this afternoon, she said:

No problem filing again.

We won't be liable for fines for misrepresentation.

She will need an Annulment to proceed.

I will most likely need the involvement of an attorney to file again.

She said this happens in the Philippines all the time, women marry men who disappear, they figure that he disappeared so does the status, or figure they wont need to do anything about it till they need to get married again.

There could be a real concern with "a previous marriage in 1997, that was dissolved in a US court one month later that she didn't want to tell me about."

Lies are never a good thing when it comes to immigration.

Lies are never good when it comes to relationships either, and an ommission of a material fact because you didn't want someone else to find out is a lie in my opinion. If someone will lie about this, then ethically, where will they draw the line? I have lots more questions to deal with now.

I'm sure you do and I hope you get to the bottom of it to your satisfaction. Do remember that many asians are far more concerned about saving face than we westerners. I was amazed to learn that my wife's sister didn't want her to tell me she and her boyfriend lived together. Instead she wanted me to believe they were husband and wife so I wouldn't think less of her. Strange but true.

[baxxy 0]

Lies are never a good thing when it comes to immigration.

Lies are never good when it comes to relationships either, and an ommission of a material fact because you didn't want someone else to find out is a lie in my opinion. If someone will lie about this, then ethically, where will they draw the line? I have lots more questions to deal with now.

Yes you have lots more questions to deal with. This was a huge thing for her not to tell you, makes one wonder what else she hasn't told you or what her real motives are.

[nm123 0]

It really all depends on what her motives are/were, and how you feel for each other. I know a woman from the Philippines who had 2 kids and later married an American. After 3 years of marriage, she finally told him she had once been married before to the father of her children (and divorce isn't legal in the Philippines but her 1st marriage somehow didn't end up registered), but it took her so long to tell him because she thought he would think badly of her and leave her. They got married in 1985 and they are still together and happily married. So it really depends on what your fiance feels and whether you can accept it. And it's true about saving face in the Philippines, so maybe she wanted to save her honor. You should ask her what her motives are, or even what she was thinking, and if she seems to have had good intentions, you can go from there with your decision.

[Dakine 26]

oops

Edited June 8, 2008 by Haole

[DanielParul 50]

WOW!! people lie once and then lie a 100 times to cover the first lie. Hope not the case for you and the intentions are genuine. Find out everything and get the trust back in your relationship before applying again. Our wishes are with you

[andrew&evelyn 6]

Thats a pretty big lie there, to not tell you she was previously married. I mean if I had found out my wife had been previously married and lied about it, i cant tell you how upset i would've been about something like that. I probably would not have gotten married to her because of my beliefs. I had never been married before and i only wanted to marry someone that also had never been married before. I dont know how important something like that is to you, but i would be thinking really hard about what else she will lie to you about later on down the road if you do get married.

[sunandmoon 450]

I agree with the others that lying is wrong, and in this case had severe consequences. I hope we will not be too quick to pass judgement on Cranky's fiance. from what was posted, it sounds like a USC went to the Philippines, married her there, then returned to the US and divorced her. I'll refain from comment on that ###. I know some about saving face. I'm sure she was embarrassed and felt shame. perhaps she felt it was all behind her.

Cranky, I know you have alot of issues to deal with and decisions to make. I wish you the best

[Beth/ Paris Heart 2]

I agree with the others that lying is wrong, and in this case had severe consequences. I hope we will not be too quick to pass judgement on Cranky's fiance. from what was posted, it sounds like a USC went to the Philippines, married her there, then returned to the US and divorced her. I'll refain from comment on that ###. I know some about saving face. I'm sure she was embarrassed and felt shame. perhaps she felt it was all behind her.

Cranky, I know you have alot of issues to deal with and decisions to make. I wish you the best

People do make mistakes in their lifes and are ashamemed of them for one reason or another. Nobody is perfect, we all have our dark secrets and yes even from our most tresured loves ones cause we are afraid if we tell them, we will be thought of differnetly. I hope her intentions are real for you, and I hope things work out for both of yous.

Paris Heart

[Dakine 26]

You'll have to file again. At the petition date, she was still legally married. Unless a misrepresentation is noted, I suspect there will be no problem with a new petition but you'll be starting from square one.

I'd definitely get an attorney involved in this though.

Agreed, I talked to an attorney this afternoon, she said:

No problem filing again.

We won't be liable for fines for misrepresentation.

She will need an Annulment to proceed.

I will most likely need the involvement of an attorney to file again.

She said this happens in the Philippines all the time, women marry men who disappear, they figure that he disappeared so does the status, or figure they wont need to do anything about it till they need to get married again.

There could be a real concern with "a previous marriage in 1997, that was dissolved in a US court one month later that she didn't want to tell me about."

Lies are never a good thing when it comes to immigration.

Lies are never good when it comes to relationships either, and an ommission of a material fact because you didn't want someone else to find out is a lie in my opinion. If someone will lie about this, then ethically, where will they draw the line? I have lots more questions to deal with now.

Annulments in PI normally cost about + or - 2 thousand US depending where she files. Also take from 6 months [that's fast] to 2 years depending on the place filed and cirumstances.

[Chin2003 0]

Hello Cranky. I am a client at Reeves and Associates too. My interview is on June 23. Look for Attorney Flomy Diza. He's a filipino lawyer based in SF. He is very accommodating and will help you and your fiance with her visa. I had problem with RFE and we were past the due date. The lawyer was able to fix it and USCIS continued to process the application. Tell them you got referred to by client M-1205. They will really help you. Please tell your fianc ethat they have an office in Makati.

[ruby_jade 0]

yay fraud! your fiancee has to file for annulment here in the Phils, even if her previous marriage was dissolve i n the states.

that is why the embassy needs document verification to make sure that everything is a OK.

Edited June 9, 2008 by ruby_jade