Can they flat out Deny K-1 ????

[US_SL 2]

Can the CO deny our visa if we got involved while we were still married to our exe's but on our way for divorce?

What would be the solution if they do? Any legal bars that we crossed when involving with our current fiancee's while we were married to our ex-wifes/husbands?

I checked the "Moral Tuupitude" question in DS 230 but it is relating to drugs but not relating to these kind of situation. Please weigh in!!!!

Edited October 2, 2010 by Go Green

[amykathleen2005 441]

We you actually divorced at the time of filing the application?

[US_SL 2]

We you actually divorced at the time of filing the application?

Me too otherwise we can't file. Question is we got involved while we both were legally married to our ex spouses.

[ameribrit 37]

So long as you are divorced and free to marry at the time of filing, and you can prove that fact with a certified divorce decree, then that is all that they are worried about. You state this fact in the letter of intent.

Just need to prove a bonifide relationship.

[Gary and Alla 3,694]

Can the CO deny our visa if we got involved while we were still married to our exe's but on our way for divorce?

What would be the solution if they do? Any legal bars that we crossed when involving with our current fiancee's while we were married to our ex-wifes/husbands?

I checked the "Moral Tuupitude" question in DS 230 but it is relating to drugs but not relating to these kind of situation. Please weigh in!!!!

NO. YES. Huh?

NO, they cannot deny you because you were married when you got involved, no one has ever been denied for that and it is not moral turpitude.

They CAN deny you for not being eligible or not having a legitimate relationshp and they can use all sorts of reasons for that decision. "Not clearly eligible" is a common denial reason.

I doubt they would do so.

[Gary and Alla 3,694]

So long as you are divorced and free to marry at the time of filing, and you can prove that fact with a certified divorce decree, then that is all that they are worried about. You state this fact in the letter of intent.

Just need to prove a bonifide relationship.

That is true for the petition, not the visa. USCIS couldn;t possibly care less what your marital stauts was when you "got invilved" as long as you were free to marry when you postmarked the I-129f. The petition will be approved.

A consulate office on the other hand, could decice that such condition is not indicative of a legitmate relationship and deny the visa for that reason. I doubt it. But the rules regarding the approval of a PETITION do not apply to the issuance of a visa.

[ameribrit 37]

That is true for the petition, not the visa. USCIS couldn;t possibly care less what your marital stauts was when you "got invilved" as long as you were free to marry when you postmarked the I-129f. The petition will be approved.

A consulate office on the other hand, could decice that such condition is not indicative of a legitmate relationship and deny the visa for that reason. I doubt it. But the rules regarding the approval of a PETITION do not apply to the issuance of a visa.

Yeah, I totally agree. I guess every consulate will look on it differently, and every couples case will have different variables that the CO will take into account when coming to their decision for a visa issuance. As most people will know, that are in this situation, divorce is not an overnight thing.

[Gary and Alla 3,694]

Yeah, I totally agree. I guess every consulate will look on it differently, and every couples case will have different variables that the CO will take into account when coming to their decision for a visa issuance. As most people will know, that are in this situation, divorce is not an overnight thing.

London probably would not care, Kiev would not, Moscow not...Sri Lanka? I have no clue. The more a country leans toward a "high fraud" country the more they are strict and suspicious of everything. Perhaps someone in that regional forum could say.

But if the question is "CAN they deny the visa?" the answer is "YES, absolutely they can"

[US_SL 2]

London probably would not care, Kiev would not, Moscow not...Sri Lanka? I have no clue. The more a country leans toward a "high fraud" country the more they are strict and suspicious of everything. Perhaps someone in that regional forum could say.

But if the question is "CAN they deny the visa?" the answer is "YES, absolutely they can"

Sri lankan consulate issued on 18 K-1 visas in 2009 and a total of 32 K visas. Doe you think this could be a high fraudulent consulate? How can i find out about it?

[US_SL 2]

London probably would not care, Kiev would not, Moscow not...Sri Lanka? I have no clue. The more a country leans toward a "high fraud" country the more they are strict and suspicious of everything. Perhaps someone in that regional forum could say.

But if the question is "CAN they deny the visa?" the answer is "YES, absolutely they can"

Last week i contacted senator mark warners office and meeting with an immigration case worker this wednesday. Mine is way too complicated i think as gary may remembers that my ex came here on an approved I-130 and (after 4.5 years of seperation) and then only when we were living together we both realized we are not a match plus i met my fiancee while we were both married (my fiancee was seperated but she was married to a german man and NOT often sri lankan girls are married to foreighners and get seperated plus my fiancee has travlled extensively with her ex as he made a heaven with thai girls and got settled in thailnad).She was married to him for 9 years and i was married 7 years to the dot.My earnings are good. No bad records except speeding once.

Only way to prove my previous marriage was not a sham is the big wedding album i have (7 years ago)plus the financial aspect of the divorce settlement (i gave her enough). that kind of proves my previous marriage was not a sham as we got divorced 2.5 years after she came here. so, it is bit complicated. I am explaining all to the case worker and be prepared in case of an issue. i am not gonna let this get screwed up and will offer the case worker to let teh embassy knows that i don't want to waste anymore time as i am 36 and no family yet. I am willing to goto sri lanka and meet with teh CO in case if they want to. so, i am fighting IN CASE if this issue comes up. All i need is someone from a powerful position pointing out the real facts to a senior counseller so it will give my case a total different outlook. What do you guys think?

Edited October 3, 2010 by Go Green

[US_SL 2]

Last week i contacted senator mark warners office and meeting with an immigration case worker this wednesday. Mine is way too complicated i think as gary may remembers that my ex came here on an approved I-130 and (after 4.5 years of seperation) and then only when we were living together we both realized we are not a match plus i met my fiancee while we were both married (my fiancee was seperated but she was married to a german man and NOT often sri lankan girls are married to foreighners and get seperated plus my fiancee has travlled extensively with her ex as he made a heaven with thai girls and got settled in thailnad).She was married to him for 9 years and i was married 7 years to the dot.My earnings are good. No bad records except speeding once.

Only way to prove my previous marriage was not a sham is the big wedding album i have (7 years ago)plus the financial aspect of the divorce settlement (i gave her enough). that kind of proves my previous marriage was not a sham as we got divorced 2.5 years after she came here. so, it is bit complicated. I am explaining all to the case worker and be prepared in case of an issue. i am not gonna let this get screwed up and will offer the case worker to let teh embassy knows that i don't want to waste anymore time as i am 36 and no family yet. I am willing to goto sri lanka and meet with teh CO in case if they want to. so, i am fighting IN CASE if this issue comes up. All i need is someone from a powerful position pointing out the real facts to a senior counseller so it will give my case a total different outlook. What do you guys think?

I made a mistake while filing I-129F as my letter of how i met my fiancee explained all about "how i met my fiancee". I should have noted on and off that i was still married to my ex while i met my fiancee AND ALL MY CIRCUMSTANCES AT THE TIME. I read some where that CO cannnot deny based on "information already provided" but they can deny if the new information was in place at the time of the interview. Now i don't have a way of fixing this. Any ideas guys? Because if i have submitted these info and my I-129F was approved then CO cannot deny based on that. Because it was already approved by the USCIS.

[Gary and Alla 3,694]

I made a mistake while filing I-129F as my letter of how i met my fiancee explained all about "how i met my fiancee". I should have noted on and off that i was still married to my ex while i met my fiancee AND ALL MY CIRCUMSTANCES AT THE TIME. I read some where that CO cannnot deny based on "information already provided" but they can deny if the new information was in place at the time of the interview. Now i don't have a way of fixing this. Any ideas guys? Because if i have submitted these info and my I-129F was approved then CO cannot deny based on that. Because it was already approved by the USCIS.

I think you are confusing the issue of "frontloading" a petition. The theory (and that is all it is) is that a consulate cannot refuse to CONSIDER evidence of relationship which was submitted with the petition. There are some consulates that have a reputation or high incidence of refusing to accept evicence of relationship at the interview and then denying visa applicants based on "lack of evidence". This is why some people advise "fromtloading" a petition with evidence if possible, if you had a relationship for any period before petitioning.

This has nothing to do with your concern. It also has nothing to do with whether a consulate can or cannot deny a visa. They CAN deny a visa. Period. No matter what USCIS has previously "accepted". the consulate can deny a visa. USCIS approves petitions, not visas. The qualifications for a petition approval are different than the qualifications for a visa. Visa fraud has nothing whatever to do with petition approval. An approved petition is simply an acceptance that you and your fiancee QUALIFY TO APPLY for a visa. It is in now ay an indication that you qualify FOR a visa. NO ONE can tell you if you will be approved with any certainty based on what was submitted to USCIS, ther is simply no correlation. To gain an approved I-129f petition you must show

1. You are a US citizen...check

2. You are both willing and able to marry at the time the petition is filed...check

3. You have net in person within the last two years...check.

That's it. Approved petition.

The whole precept of "front loading" is an attempt to prevent a denial based on the fact that you will have sufficient grounds for an appeal of a denial. Kind of like killing someone that breaks into your house and hoping you do not go to prison because it was self defense. Best not to kill somone and have to go through that, so you lock the front door to prevent someone breaking in, but it can still happen.

In any case, your situation IS what it IS. Attorneys will line up all day long to cash your checks and tell you how they can "fix it" but in fact they can do nothing.

You have been asking around about this from different angles for some time. The only advice I can give, and have, is that you prepare your fiancee by making sure SHE knows the whole story. It is likely they will ask about it (assume they will) and if she can answer clearly and directly that will be good. Provide plenty of evidence of your relationship, prepare her with the truth and hope for the best.

[Gary and Alla 3,694]

Last week i contacted senator mark warners office and meeting with an immigration case worker this wednesday. Mine is way too complicated i think as gary may remembers that my ex came here on an approved I-130 and (after 4.5 years of seperation) and then only when we were living together we both realized we are not a match plus i met my fiancee while we were both married (my fiancee was seperated but she was married to a german man and NOT often sri lankan girls are married to foreighners and get seperated plus my fiancee has travlled extensively with her ex as he made a heaven with thai girls and got settled in thailnad).She was married to him for 9 years and i was married 7 years to the dot.My earnings are good. No bad records except speeding once.

Only way to prove my previous marriage was not a sham is the big wedding album i have (7 years ago)plus the financial aspect of the divorce settlement (i gave her enough). that kind of proves my previous marriage was not a sham as we got divorced 2.5 years after she came here. so, it is bit complicated. I am explaining all to the case worker and be prepared in case of an issue. i am not gonna let this get screwed up and will offer the case worker to let teh embassy knows that i don't want to waste anymore time as i am 36 and no family yet. I am willing to goto sri lanka and meet with teh CO in case if they want to. so, i am fighting IN CASE if this issue comes up. All i need is someone from a powerful position pointing out the real facts to a senior counseller so it will give my case a total different outlook. What do you guys think?

There is nothing a Senator can do...yet. They will tell you that Wednesday. Your case is not at all complicated, it is very straight forward and identical to nearly every other case. You first get an approved petition and then you have to convince a consulate your relationship is genuine and not for immigration benefits. Period, that's it. The only one that can do that is your fiancee. Hopefully she is aware of all of this. If not, tell her now. IF either USCIS or the DOS (consulate) do not follow what they are supposed to do, your Senator can step in and ask them to do so. For now, there is nothing to "fight". What are you fighting?

The consulate does not want to talk to you, they interview your fiancee, prepare her. The Senator will not call ahead and explain things (he can't, it is called "separation of powers") He cannot take action on something that hasn't happened and can only take action then if there is some violation of the procedures DOS is required to follow.

Basically, there are no guarantees

[US_SL 2]

I think you are confusing the issue of "frontloading" a petition. The theory (and that is all it is) is that a consulate cannot refuse to CONSIDER evidence of relationship which was submitted with the petition. There are some consulates that have a reputation or high incidence of refusing to accept evicence of relationship at the interview and then denying visa applicants based on "lack of evidence". This is why some people advise "fromtloading" a petition with evidence if possible, if you had a relationship for any period before petitioning.

This has nothing to do with your concern. It also has nothing to do with whether a consulate can or cannot deny a visa. They CAN deny a visa. Period. No matter what USCIS has previously "accepted". the consulate can deny a visa. USCIS approves petitions, not visas. The qualifications for a petition approval are different than the qualifications for a visa. Visa fraud has nothing whatever to do with petition approval. An approved petition is simply an acceptance that you and your fiancee QUALIFY TO APPLY for a visa. It is in now ay an indication that you qualify FOR a visa. NO ONE can tell you if you will be approved with any certainty based on what was submitted to USCIS, ther is simply no correlation. To gain an approved I-129f petition you must show

1. You are a US citizen...check

2. You are both willing and able to marry at the time the petition is filed...check

3. You have net in person within the last two years...check.

That's it. Approved petition.

The whole precept of "front loading" is an attempt to prevent a denial based on the fact that you will have sufficient grounds for an appeal of a denial. Kind of like killing someone that breaks into your house and hoping you do not go to prison because it was self defense. Best not to kill somone and have to go through that, so you lock the front door to prevent someone breaking in, but it can still happen.

In any case, your situation IS what it IS. Attorneys will line up all day long to cash your checks and tell you how they can "fix it" but in fact they can do nothing.

You have been asking around about this from different angles for some time. The only advice I can give, and have, is that you prepare your fiancee by making sure SHE knows the whole story. It is likely they will ask about it (assume they will) and if she can answer clearly and directly that will be good. Provide plenty of evidence of your relationship, prepare her with the truth and hope for the best.

Thanks Gary. What do you think about me meeting with sen mark warners case worker and be proactve here in case of a denial?

[Gary and Alla 3,694]

Thanks Gary. What do you think about me meeting with sen mark warners case worker and be proactve here in case of a denial?

Covered in my second post. Nothing a Senator can do now. Nothing wrong with introducing yourself though.