I-130 after a K-1 visa application was denied ...

[Señor Bonito 2]

My fiancée had her K-1 interview at the U.S. Consulate in Manila the other day. She says that she was denied the visa or she was forced to withdraw the application as the interviewers, including the Fraud Prevention Unit, did not believe that genuine relationship existed between us. She presented all the necessary evidences to support the existence and reality of our engagement, but the consular officers frowned on all of these.

I am not sure though if the final action after the interview was an outright denial or she was forced to sign a withdrawal under duress. She was bullied by the interviewers and was warned that she could never enter the U.S.A. ever if fraud was involved in the K-1 application. She was not given a s. 221g letter either; matter of fact, she was not given any written resolution after the interview because it was late in the afternoon. She was told that her passport and other papers will be mailed to her.

Now, our plan is to get married as soon as possible and I am flying to Manila next month to be wedded. Then I will file a I-130 petition. My friends, do you think that the denial of the K-1 visa application submitted for a fiancée be a deterrent to a subsequent I-130 petition filed for the same woman who would then be the petitioner’s wife?

[Peter&Jaime 1]

Sorry to hear about the denial! So long to wait to hear bad news! But if I was in your shoes I would contact the embassy to find out exactly what happened from their point of view before trying to figure out what to do next. It sounds like you are confused and I know I would want to know exactly what happened. Good Luck

[Brian and Dona 0]

I am sorry to hear about the problems you are having. My wife too had trouble during the interview. They wouldn't even look at the evidence that she brought along that I gave her. They ultimately sent the case back to USCIS where it still sits with no action at all for two years. I finally hired a lawyer and they advised me to refile and be present during the interview. I will fly to manila at the time of the interview. I will also bring at least a 6 inch stack of paper for evidence and lets see them play their games with me. I have already decided that I am going to set the tone for the interview by making the first statements. I was not present during the interview last time, but I hear that they can pressure the applicants and interrogate them as if they are murder suspects. I will not leave there untill they review the documents.

[mari joe 1]

sorry, for your bad news, that sounds disturbing to me that they would not look at her evidence. can you explain further? what did you send with your origional submission? did you include pictures? what do you think the reason was for this?

[trinket 30]

Or you can call DOS, why the consulate thinks that the relationship might be fraudulent? Is there a larger age gap or were you where introduced by some family member?

[Mrs. Palmer 5]

My fiancée had her K-1 interview at the U.S. Consulate in Manila the other day. She says that she was denied the visa or she was forced to withdraw the application as the interviewers, including the Fraud Prevention Unit, did not believe that genuine relationship existed between us. She presented all the necessary evidences to support the existence and reality of our engagement, but the consular officers frowned on all of these.

I am not sure though if the final action after the interview was an outright denial or she was forced to sign a withdrawal under duress. She was bullied by the interviewers and was warned that she could never enter the U.S.A. ever if fraud was involved in the K-1 application. She was not given a s. 221g letter either; matter of fact, she was not given any written resolution after the interview because it was late in the afternoon. She was told that her passport and other papers will be mailed to her.

Now, our plan is to get married as soon as possible and I am flying to Manila next month to be wedded. Then I will file a I-130 petition. My friends, do you think that the denial of the K-1 visa application submitted for a fiancée be a deterrent to a subsequent I-130 petition filed for the same woman who would then be the petitioner’s wife?

I may have an answer to your question. My husband's (then he was my fiance) K-1 was denied for a specific reason. Long story short we got married in Oct of 2007, and I filed the I-130 back in Dec. The petition was just approved by USCIS on 4/20/09. Hopefully we will get through NVC without any major glitches, and the only thing left will be the interview. God willing, he will be here in the fall. There is hope for your situation. Stay positive, and believe in God's plan.

[Twisted K 2]

My fiancée had her K-1 interview at the U.S. Consulate in Manila the other day. She says that she was denied the visa or she was forced to withdraw the application as the interviewers, including the Fraud Prevention Unit, did not believe that genuine relationship existed between us. She presented all the necessary evidences to support the existence and reality of our engagement, but the consular officers frowned on all of these.

I am not sure though if the final action after the interview was an outright denial or she was forced to sign a withdrawal under duress. She was bullied by the interviewers and was warned that she could never enter the U.S.A. ever if fraud was involved in the K-1 application. She was not given a s. 221g letter either; matter of fact, she was not given any written resolution after the interview because it was late in the afternoon. She was told that her passport and other papers will be mailed to her.

Now, our plan is to get married as soon as possible and I am flying to Manila next month to be wedded. Then I will file a I-130 petition. My friends, do you think that the denial of the K-1 visa application submitted for a fiancée be a deterrent to a subsequent I-130 petition filed for the same woman who would then be the petitioner’s wife?

I may have an answer to your question. My husband's (then he was my fiance) K-1 was denied for a specific reason. Long story short we got married in Oct of 2007, and I filed the I-130 back in Dec. The petition was just approved by USCIS on 4/20/09. Hopefully we will get through NVC without any major glitches, and the only thing left will be the interview. God willing, he will be here in the fall. There is hope for your situation. Stay positive, and believe in God's plan.

Cool, I hope your husband gets his visa soon! I plan on following in your footsteps. Getting married in May, and filing our I130 in June or July. Trying to make it to where he has his interview next year, because with this 2 week vacation and 2 weeks this past February, I will only have 32 hours of pto by the end of the year, and I MUST be there for his interview this time.

OP, I hope everything works out for you!!

[Mrs. Palmer 5]

My fiancée had her K-1 interview at the U.S. Consulate in Manila the other day. She says that she was denied the visa or she was forced to withdraw the application as the interviewers, including the Fraud Prevention Unit, did not believe that genuine relationship existed between us. She presented all the necessary evidences to support the existence and reality of our engagement, but the consular officers frowned on all of these.

I am not sure though if the final action after the interview was an outright denial or she was forced to sign a withdrawal under duress. She was bullied by the interviewers and was warned that she could never enter the U.S.A. ever if fraud was involved in the K-1 application. She was not given a s. 221g letter either; matter of fact, she was not given any written resolution after the interview because it was late in the afternoon. She was told that her passport and other papers will be mailed to her.

Now, our plan is to get married as soon as possible and I am flying to Manila next month to be wedded. Then I will file a I-130 petition. My friends, do you think that the denial of the K-1 visa application submitted for a fiancée be a deterrent to a subsequent I-130 petition filed for the same woman who would then be the petitioner’s wife?

I may have an answer to your question. My husband's (then he was my fiance) K-1 was denied for a specific reason. Long story short we got married in Oct of 2007, and I filed the I-130 back in Dec. The petition was just approved by USCIS on 4/20/09. Hopefully we will get through NVC without any major glitches, and the only thing left will be the interview. God willing, he will be here in the fall. There is hope for your situation. Stay positive, and believe in God's plan.

Cool, I hope your husband gets his visa soon! I plan on following in your footsteps. Getting married in May, and filing our I130 in June or July. Trying to make it to where he has his interview next year, because with this 2 week vacation and 2 weeks this past February, I will only have 32 hours of pto by the end of the year, and I MUST be there for his interview this time.

OP, I hope everything works out for you!!

Thank you! And good luck to you on your upcoming wedding!

[pushbrk 12,824]

My fiancée had her K-1 interview at the U.S. Consulate in Manila the other day. She says that she was denied the visa or she was forced to withdraw the application as the interviewers, including the Fraud Prevention Unit, did not believe that genuine relationship existed between us. She presented all the necessary evidences to support the existence and reality of our engagement, but the consular officers frowned on all of these.

I am not sure though if the final action after the interview was an outright denial or she was forced to sign a withdrawal under duress. She was bullied by the interviewers and was warned that she could never enter the U.S.A. ever if fraud was involved in the K-1 application. She was not given a s. 221g letter either; matter of fact, she was not given any written resolution after the interview because it was late in the afternoon. She was told that her passport and other papers will be mailed to her.

Now, our plan is to get married as soon as possible and I am flying to Manila next month to be wedded. Then I will file a I-130 petition. My friends, do you think that the denial of the K-1 visa application submitted for a fiancée be a deterrent to a subsequent I-130 petition filed for the same woman who would then be the petitioner’s wife?

Any future success will be impacted by the actual reasons for the initial failure. It's critical you understand and correct those before taking further action. The Consular officers she spoke to weren't frowning because the like wrinkles.

Edited April 23, 2009 by pushbrk

[AKGirl 0]

El Ilocano~ not to stir anything up, but if my memory serves me right from reading on another forum, isnt your ex-wife your fiancee's sister? This could have been the Big RED FLAG with Consular Officers at the interview. This might be the time to hire Atty Michael Gurfinkel as he is known as the Miracle Worker Atty in the Philippines.

[ja.da 0]

It's really a sad thing to know that while im ehre enjoying the pink slip, others are in deep sorrow of not being approved. But my fiance and i expected the worst for my interview that if and when we won't get approved, he would come and marry me here instead and file for I-130....because it may take as much time to reprocess the K1.

[cel4u 0]

hi vj family i have the same problem u guys way back 2004 we file k1 2005 my interview after my interview they said i will wait thier call or letter from the us imbassy we dont have idea whats wrong of my papers so we wait for a long time after 1 year i recived letter from us imbassy but its to late we already got married so i not show up my interview after 1 year again i recieve letter its said our relationship is not proof my papers back to uscis now we filed I130 and i wait appproval from nvc office good luck to eevryone

[DEDixon 39]

El Ilocano~ not to stir anything up, but if my memory serves me right from reading on another forum, isnt your ex-wife your fiancee's sister? This could have been the Big RED FLAG with Consular Officers at the interview. This might be the time to hire Atty Michael Gurfinkel as he is known as the Miracle Worker Atty in the Philippines.

I have same thoughts.......

[pushbrk 12,824]

El Ilocano~ not to stir anything up, but if my memory serves me right from reading on another forum, isnt your ex-wife your fiancee's sister? This could have been the Big RED FLAG with Consular Officers at the interview. This might be the time to hire Atty Michael Gurfinkel as he is known as the Miracle Worker Atty in the Philippines.

I have same thoughts.......

And the light goes on. In that case, it's going to take more than a marriage certificate to solve the problem.

[Señor Bonito 2]

El Ilocano~ not to stir anything up, but if my memory serves me right from reading on another forum, isnt your ex-wife your fiancee's sister? This could have been the Big RED FLAG with Consular Officers at the interview. This might be the time to hire Atty Michael Gurfinkel as he is known as the Miracle Worker Atty in the Philippines.

I have same thoughts.......

And the light goes on. In that case, it's going to take more than a marriage certificate to solve the problem.

Why is that? A widower must not be denied his God given right to marry someone he loves and cares for so much, even if that someone is his sister-in-law. And the love stricken sister-in-law must not be denied that same right. I reckon the consular officers in Manila have already made up their one track minds on cases like this. Anyway, we'll go ahead through the CR-1 route and hope for no snags on the journey.