DENIED K-1 visa at the consulate

[JimVaPhuong 4,863]

It sounds like the CO has a record that indicates you were convicted, or she's just not reading it correctly. That's why she asked for proof that the charges were dropped. That's also why she accused you of material misrepresentation. If you'd been convicted then you would have been required to provide court documents when you filed the petition. This doesn't have anything to do with her not understanding what 2nd degree kidnapping is. Kidnapping is covered by the IMBRA, and she's convinced you were convicted and tried to hide it.

If USCIS interprets the CO's findings the same way then you'll probably get a NOIR, which you should be able to rebut pretty easily with a copy of the court records. You should probably get busy getting those court records now.

[NoneYa 73]

Let us know when you pull your record what makes her think you have a conviction... there must be more to this story. Be sure to get the judges signature on those court records also called an exemplified copy.

An exemplified copy is a copy of an official document, such as a court pleading or judgment, which is obtained from the County Clerk or the Judgment Clerk where the particular document was filed. The clerk will certify in writing, affixing a corporate seal or some form of a stamp, that the particular document as was properly signed and entered. Exemplified copies are more than certified copies -- the clerk certifies that the copies are genuine and the judge certifies that the clerk has the authority to say they are genuine.

Edited December 7, 2011 by NoneYa

[Dayani 0]

Aside from the details of this case- when cases are denied, they're sent back to the States for review. With K1 cases, unfortunately most petitions expire before they ever reach the review stage. That being said, preparing a rebuttal now is still a good idea. Charges not resulting in conviction cannot be held against you for ANY purpose- not by potential employers, not by judges, and not by immigration. Getting a copy of your FBI criminal record, as well as the case file for your dismissed case are a great place to start. Any evidence you gather can be used when refiling another K1, or filing a spousal visa down the road, even if your present petition expires before review.

It's understandable that you'd be outraged by the position you've unjustly been placed in. Outrage won't change anything unless you channel the energy to good use on your behalf.

Good luck with everything!

Sarah

Thank you squeaky and everyone else who has given a response. I am back from the DR today and have been given alot of advice and i will be gathering all my Proof that the case was indeed DROPPEd. I will also call a immigration Lawyer on monday morning and will be writing a general latter to be sent to My senator Kay Hagan, The director office of international operation, the Director office of international audit, the Consul general, The State dept, Hillary Clinton and Barack Obama. Did i miss anyone? I'll hold back on sending it out until i seek legal help ofcourse. My brother who is a police officer of 13yrs and a veteran for going on 20yrs is prepared to write a letter also to our Senator and whom ever else thats needed. My brother has been living with me for the past year and he knows FIRST HAND that Me and Yani's relationship is REAL. Thanks again everyone and i'll keep you guys posted on any developments.

[Dayani 0]

It sounds like the CO has a record that indicates you were convicted, or she's just not reading it correctly. That's why she asked for proof that the charges were dropped. That's also why she accused you of material misrepresentation. If you'd been convicted then you would have been required to provide court documents when you filed the petition. This doesn't have anything to do with her not understanding what 2nd degree kidnapping is. Kidnapping is covered by the IMBRA, and she's convinced you were convicted and tried to hide it.

If USCIS interprets the CO's findings the same way then you'll probably get a NOIR, which you should be able to rebut pretty easily with a copy of the court records. You should probably get busy getting those court records now.

Thank for your response JIM and also your valued advice. In the I-129 they ask you if you had 3 or more CONVICTIONS. I would have know if i was CONVICTED of kidnapping. Me doing time would be involved or paying court cost or probation. NONE of that happened. It would have atleast been on the police background check that i bought with me being that the alleged was done in the same state.

Let us know when you pull your record what makes her think you have a conviction... there must be more to this story. Be sure to get the judges signature on those court records also called an exemplified copy.

An exemplified copy is a copy of an official document, such as a court pleading or judgment, which is obtained from the County Clerk or the Judgment Clerk where the particular document was filed. The clerk will certify in writing, affixing a corporate seal or some form of a stamp, that the particular document as was properly signed and entered. Exemplified copies are more than certified copies -- the clerk certifies that the copies are genuine and the judge certifies that the clerk has the authority to say they are genuine.

Thank you Noneya, I will do that and post the update.

[Dayani 0]

Thank for your response JIM and also your valued advice. In the I-129 they ask you if you had 3 or more CONVICTIONS. I would have know if i was CONVICTED of kidnapping. Me doing time would be involved or paying court cost or probation. NONE of that happened. It would have atleast been on the police background check that i bought with me being that the alleged was done in the same state.

Thank you Noneya, I will do that and post the update.

Ok everyone i have talked to a immigration lawyer and he suggested that i just go ahead and get married and bring back the marriage certificate so that we can apply for the spousal visa. That was what me and my fiance was planning to do anyway going forward. I went to the county clerks office and got a copy of the dismissed charges with the TRUE COPY stamp seal on it..He also told me to just make sure i take plenty of photos. My mother and my brother will be there aswell..

This is horrible the way one person can just set your life back or change the course of it based on a 20 min interview and most likely a bad weekend on there part. At the end of the interview she said to both of us that she is denying the visa because she believed that it was for immigration purposes only and because of my involvement in SMUGGLING (Her words) She beleived that i was trying to engage in CHILD TRAFFICING because my fiances son was on the application????????????????? WHAT?

She then gives us this sheet of paper with the so called reasons why we where denied and it had someone elses name on it, the wrong case number and the wrong visa type (IR2). I don't know what was going on with that young lady but WE sure did pay for HER bad day.

Anyway my lawyer couldn't beleive what i was telling him until i showed him the sheet of paper givin to me by the consular..He said well when you are married he will be your son and she will be your wife so that accusation goes out the window..I will be going back down at the end of feb. for our wedding ..Thanks everyone i'll keep you guys posted