My K1 Visa rejected - will return back to u.s.

[David-and-Mae 15]

Laura,

You are absolutely right... I shouldn't need to lie.

"You didn't have to know your fiance for 2 years prior to filing, many people get that mixed up." --- I got this mixed up.

I met her in Dec 2006 and filed a petition in March of 2007, that was perfectly the right timing. I thought I have to meet the person in 2 yrs that is mainly the reason why I lied. I know that I am a badddd liar.

This thing is very highly sensitive but as a first time petitioner, I am so clueless and didn't understand the procedures. I didn't read much on this board before going doing the steps. Now, it is a baddd mistake. What is the correction to this prob? Will I need to refile and forget the old one?

Thanks.

I almost got this mixed up too. I thought my then fiance and I should at least knew each other for 2 years before he can petition me. Being here in VJ really helped a lot. I heard US consulate in Vietnam is really strict when it comes to proving a bona fide relationship. Maybe an immigration lawyer can help you?

Good luck to you K1 Sponsor... Hope someone can really help you here.

--Mae

[Zee Bee 61]

Laura,

You are absolutely right... I shouldn't need to lie.

"You didn't have to know your fiance for 2 years prior to filing, many people get that mixed up." --- I got this mixed up.

I met her in Dec 2006 and filed a petition in March of 2007, that was perfectly the right timing. I thought I have to meet the person in 2 yrs that is mainly the reason why I lied. I know that I am a badddd liar.

This thing is very highly sensitive but as a first time petitioner, I am so clueless and didn't understand the procedures. I didn't read much on this board before going doing the steps. Now, it is a baddd mistake. What is the correction to this prob? Will I need to refile and forget the old one?

Thanks.

I don't know much about the refiling procedures. I would suggest reading up on that, you may want to get a qualified immigration attorney invloved because it is possible that this filing and the denial may come up at a subsequent interview.

I don't mean to be rude but this is not a case of being a bad liar, this is a case of plain lying. Being stressed about the process, not knowing much about the procedures etc is not an excuse for lying. It is stated in the I-129F that if any of the information is false then it is grounds to deny immigration benefits and criminal prosecution.

Sorry.

Edited February 13, 2008 by ZeeNusah

[K1 Sponsor 0]

Thank you all for your replies...

Mistake and misunderstanding do happen to me many many times b/c English is my secondary language. Yesterday I got a letter from my Senator's offering to rep. on my behalf. I will need to call and ask them what kinds of document do they need to help me out...

[maya62 7]

I agree you need a good immigration attorney. If it was me, I'd be tracking down Marc Ellis. Anyone have his contact info handy?

Good luck.

Maya

[brnidokiegurl 0]

Be sure to give your rep the total story, because even with a mistake in you thinking you needed to know this long and understood that point at the same time you understood well enough to know you hadnt known and understood enough to backtrack your timelines you can get marks info by doing a search, i have at home but not here at work

[Minya's wife 24]

Honestly I don't know what to tell you. Your intent was to commit fraud, even if you now realize it wasn't necessary. That sits rather poorly in my craw.

You could try re-filing, but they're not just going to "forget" what you submitted before. Depending on how you worded your initial packet I suppose you could try to explain it off as a mistake, but then you are once again lying. To paraphrase Einstein, the definition of insanity is doing the same thing again, expecting different results.

You probably need a good immigration attorney at this point to untangle your mess. Good luck.

I have to agree w/ Mox on this one. You lied, plain and simple. Saying that English is your second language, and that you 'misunderstood' the requirements are not really going to get you anywhere as far as DHS is concernced. The petitioner always has the option to hire an attorney if they feel they need to. You misunderstood the instructions, but instead of researching further, or going to get legal advice you chose to lie....and you knowingly did so, because there's a little portion at the end of the petition, before the signature box that states:

I am legally able to and intend to marry my alien fiancé(e) within 90 days of his or her arrival in the United States. I certify, under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct. Furthermore, I authorize the release of any information from my records that U.S. Citizenship and Immigration Services needs to determine eligibility for the benefit that I am seeking.

A mistake is sending in an outdated form, or supplying last year's tax information when they require this years....what you did constitutes fraud.

The best advice anyone here can give you is to research around and find a good immigration attorney. You are going to need professional assistance to sort your mess out.

-P

[john_and_marlene 162]

Did your fiancee also claim to have met you in 2004 at the consular interview????

If so, read this: http://www.immilaw.com/Newsletters/2007%20...d%20Waivers.htm

[NCWife 0]

Find an experienced attorney to clear the mess and make sure you don't carry on with the lie.

All the best to you and your fiancee!

[misspkm 0]

I don't even know what to say to this...

English is my 3rd language and before I even started the application I spent days reading and researching about how to apply correctly. I am truly sorry for you, but in my eyes you rushed it. There are so many people out there who could have helped you.. you just waited a litte too long to ask for it.

Best of luck to you.

[john_and_marlene 162]

I don't even know what to say to this...

English is my 3rd language and before I even started the application I spent days reading and researching about how to apply correctly. I am truly sorry for you, but in my eyes you rushed it. There are so many people out there who could have helped you.. you just waited a litte too long to ask for it.

Best of luck to you.

I think the problem here is more of an honesty barrier than a language barrier. In this case, the barrier might very possibly be shortened to just the first three letters of the word BAR(rier)

Maybe that will be easier to understand

[ayaz 0]

What you should do is try to get a lawyer and convince him that you misunderstood the condition of having met in last two yrs. You can only try it and see if this will resolve it.

[john_and_marlene 162]

What you should do is try to get a lawyer and convince him that you misunderstood the condition of having met in last two yrs. You can only try it and see if this will resolve it.

That's not really the issue. They can be 100% in agreement that he misunderstood the condition. He did understand that stating he met her in 2004 was a lie regardless of any language understanding or misunderstanding.

[mox 298]

What you should do is try to get a lawyer and convince him that you misunderstood the condition of having met in last two yrs. You can only try it and see if this will resolve it.

The only misunderstanding was the OP's misunderstanding of the meeting requirements. Based on that misunderstanding the OP decided to commit fraud. That's the real issue at hand, not a misunderstanding.

What he needs to do is get an attorney and explain to that attorney that he lied and intended to commit fraud, and then try to work on a solution.

Sorry to keep hammering on this point, but "K1 Sponsor" you need to start being honest about this and stop trying to pass it off as just a misunderstanding.

Edited February 13, 2008 by mox

[Minya's wife 24]

What you should do is try to get a lawyer and convince him that you misunderstood the condition of having met in last two yrs. You can only try it and see if this will resolve it.

And that's going to help how? The OP has to convice the US government that he did not commit fraud at this point. There is no safety clause in US law for those who misunderstand the law. The OP's case has already been through the interveiw, and it was DENIED. At this point, I don't think Senator involvement, as the OP doing, is going to help either. There is nothing a Senator can do w/ the fact that the OP stated he met his fiancee in 2004, but in fact he met her in 2006. That is a two year gap, which the consulate rightly noticed and wanted clarification on. The OP has no clarification to offer, because the two extra years in his relationship were fictitious. A Senator can help when the process is taking unusually long, they can perhaps speed things along....but they can't undo a lie.

There are some important things the OP does need to know in order to create a course of action from this point forward.. What exactly is in the "rejection" letter given by the consulate. What transpired at the visa interview? What did the beneficiary state, when asked for the evidence of relationship from 04 to 06? Is there a finding of misrepresentation, because that can result in a lifetime ban on ever receiving a visa to the US. If there is no misrepresentation found on the part of the beneficiary or petitioner, then once the rejected petition is 'disposed' of properly, the OP may be able to marry his fiancee and re-file a petition - for a spousal visa this time. But that's a big if at this point....

-P

[bakofoil 27]

I have to agree with mox and Paula&Minya on this. The OP's only way out of this mess is to be entirely honest with an immigration lawyer and discover what the options for are from there. Misunderstanding (for whatever reason) the conditions for filing is not the issue here, the issue is misunderstanding the conditions and thereby knowingly making a fraudulent claim for immigration benefit.

It is ironic indeed that if the OP had told the truth in the first place his fiancee may well have a visa in her hand right now. An unfortunate situation which I hope can be salvaged. Best of luck!