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

[bakofoil 27]

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

Good article. Well worth reading

[K1 Sponsor 0]

Thank you all very much for your valuable posts and replies...

I know my case is a misunderstood the requirements. If my Senator couldn't help me, the next plan I will do is going back to Vietnam to marry her and petition her as K3 all over again. Is this the right thing to do? I may have to wait for another yr or two, whatever long it takes for her to come here. I am so tired of pursuing the case.... Lawyers are expensive and no guarenteed that they can help with my current situation. I don't plan to look for a lawyer.

[payxibka 10,047]

Thank you all very much for your valuable posts and replies...

I know my case is a misunderstood the requirements. If my Senator couldn't help me, the next plan I will do is going back to Vietnam to marry her and petition her as K3 all over again. Is this the right thing to do? I may have to wait for another yr or two, whatever long it takes for her to come here. I am so tired of pursuing the case.... Lawyers are expensive and no guarenteed that they can help with my current situation. I don't plan to look for a lawyer.

I think john_and_marlene gave you a link to a pretty serious situation that if it is your situation will not be easily resolved with a marriage and petition/application for a different visa type....

Edited February 13, 2008 by fwaguy

[Minya's wife 25]

Thank you all very much for your valuable posts and replies...

I know my case is a misunderstood the requirements. If my Senator couldn't help me, the next plan I will do is going back to Vietnam to marry her and petition her as K3 all over again. Is this the right thing to do? I may have to wait for another yr or two, whatever long it takes for her to come here. I am so tired of pursuing the case.... Lawyers are expensive and no guarenteed that they can help with my current situation. I don't plan to look for a lawyer.

There you go "misunderstanding" again. You need to know the answers to the questions I stated and look at those answers in terms of the link given to you by john_and_marlene.

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?

The answers to these questions can affect whether you can just go back to Vietnam, marry your fiancee and petition all over again. If all is OK, and you are still elibile to petition, you still need to make sure this petition is closed out(so to speak) before you submit any new one.

Given that you "misunderstood" things this first time around, I would bite the bullet and get a lawyer to help you w/ any future visa petitions. If you "misunderstand" your way into another visa denial, you'll really shoot yourself in the foot. Get a good lawyer to help you out, and don't look at the cost.

-P

[bakofoil 27]

Thank you all very much for your valuable posts and replies...

I know my case is a misunderstood the requirements. If my Senator couldn't help me, the next plan I will do is going back to Vietnam to marry her and petition her as K3 all over again. Is this the right thing to do? I may have to wait for another yr or two, whatever long it takes for her to come here. I am so tired of pursuing the case.... Lawyers are expensive and no guarenteed that they can help with my current situation. I don't plan to look for a lawyer.

There is no guarantee marrying in Vietnam and filing for K3 will help your situation either. You run the risk of losing another application fee unless you seek some expert help with this situation.

[john_and_marlene 162]

Lawyers are expensive and no guarenteed that they can help with my current situation. I don't plan to look for a lawyer.

Trying to overcome the denial on your own may be expensive and no guarantee it will help with your current situation.

Getting your representative involved is no guarantee it will help with your current situation.

Trying a new petition is expensive and no guarantee it will help with your current situation.

You've tried it on your own and did not do well. You have put the ability of your fiancee to ever come to the US in peril.

A small consultation fee up front would have saved you your current situation.

The expense of a legal advice now will probably be small compared to the cost of mistakes you have yet to make.

Ignoring the truth of your current situation will not make it go away. The events of this petition and visa application will forever be connected to any new petition or application. The same questions will be there needing an answer.

Edited February 13, 2008 by john_and_marlene

[payxibka 10,047]

Filing a visa petition with mis represented information - $170

Initial consultation with a qualified immigration attorney after denial - $250

Another trip to VN for marriage and second attempt at visa petition - $4000

Ignoring competant advice only to discover your fiancee/wife has been give a lifetime ban and are denied again- devastating

Edited February 13, 2008 by fwaguy

[panamania79 2]

why did you lie?

If you have an honest bona fide relationship, you met in 2006 in person, you could have filed 2 months later and you would have met the requirements.

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

You only had to have met once in the last 2 years prior to filing.

Best of luck to you.

That clause always confused me also.Thanks for clearing that up.

[K1 Sponsor 0]

Paula,

Here is the rejected letter says:

The Consulate general isunable to issue a visa to you b/c you have been found ineligible under the following sections of the u.s.s immigration and nationality act, as amended:

Section 2219g) of the act pprohibits the issuance of a visa to anyone who has failed to present the documents required in connection w/ the visa application or who has failed to sumit sufficient credible evidence to support teh clamied pettiionable relatiosnship. The lollowing remarks apply in your case.

Consular officers apply a 'reasonable person standard' when evaluationg the bona fides of cleamined spousal and fiance relationships. The nthe present case Petioner and Beneficairy claim they were introduced in Jan. 2004. The met and became engaed in December 2006, during Petioner's first and only trip. There is no evidence on record Petioner has returned to visit Beneficiary. No evidece of communication prior to the engagement, covering a two-yr period, was submitted. Evidence of comm. after the engagement consists of a few chat transcripts from 2007. Photographs submitted do not indicate they spent more than one or two days in each other's presence. These facts as ascertaineed by consular officers would convince a reasonbale person that the claimed relationship is a shame entered into solely for immigration purposes and to evade immigration laws. Therefore, pursuant to 9 FAM 41.81 N6.5, the reviewing officer has decided that the petition should be returned to the USCIS for review and possible recocation upon his concurrence witht eh reviewing offier's decision. When the USCIS receives the returned petition, they will contact the petiioner, who will have an oppoortunity to rebut consular findgs concerning this case. If USCIS revokes the petition, the beneficiary will become inieligible for a visa under section 12(a) etc... of the act.

I told my fiancee that we were introduced and met in 2004 but we weren't falling in love until 2006 that is why we didn't have any communication covering 2 yrs period. That is what she stated during the interview. They didn't believe her. Officer said: Photographs submitted do not indicate they spent more then one or two days in each other's presence. How they hell they know about this? I went on a trip with her and took lots of pictures and submitted to them, they can tell it is not 1 or 2 days together. Now, this is a false accusation from the u.s. consulate officer. Can I sue him?

[john_and_marlene 162]

Paula,

Here is the rejected letter says:

The Consulate general isunable to issue a visa to you b/c you have been found ineligible under the following sections of the u.s.s immigration and nationality act, as amended:

Section 2219g) of the act pprohibits the issuance of a visa to anyone who has failed to present the documents required in connection w/ the visa application or who has failed to sumit sufficient credible evidence to support teh clamied pettiionable relatiosnship. The lollowing remarks apply in your case.

Consular officers apply a 'reasonable person standard' when evaluationg the bona fides of cleamined spousal and fiance relationships. The nthe present case Petioner and Beneficairy claim they were introduced in Jan. 2004. The met and became engaed in December 2006, during Petioner's first and only trip. There is no evidence on record Petioner has returned to visit Beneficiary. No evidece of communication prior to the engagement, covering a two-yr period, was submitted. Evidence of comm. after the engagement consists of a few chat transcripts from 2007. Photographs submitted do not indicate they spent more than one or two days in each other's presence. These facts as ascertaineed by consular officers would convince a reasonbale person that the claimed relationship is a shame entered into solely for immigration purposes and to evade immigration laws. Therefore, pursuant to 9 FAM 41.81 N6.5, the reviewing officer has decided that the petition should be returned to the USCIS for review and possible recocation upon his concurrence witht eh reviewing offier's decision. When the USCIS receives the returned petition, they will contact the petiioner, who will have an oppoortunity to rebut consular findgs concerning this case. If USCIS revokes the petition, the beneficiary will become inieligible for a visa under section 12(a) etc... of the act.

I told my fiancee that we were introduced and met in 2004 but we weren't falling in love until 2006 that is why we didn't have any communication covering 2 yrs period. That is what she stated during the interview. They didn't believe her. Officer said: Photographs submitted do not indicate they spent more then one or two days in each other's presence. How they hell they know about this? I went on a trip with her and took lots of pictures and submitted to them, they can tell it is not 1 or 2 days together. Now, this is a false accusation from the u.s. consulate officer. Can I sue him?

You can sue anyone, but it will cost you and you won't be successful. On the other hand, they can prosecute you for false claims and would be quite successful.

[mox 298]

I know my case is a misunderstood the requirements.

K1, you misunderstood the requirements. But you committed fraud based on your flawed understanding of the requirements. No matter how you see it, this is how the government will see it.

You have wasted a lot of time and money already. Spending a little more money up front to see if an attorney can help will potentially save you many thousands later, and possibly years of time, if not the rest of your life. If you're lucky it might even salvage your current petition.

Why do you think re-filing K-3 will fix the problem? Are you willing to bet *everything* on it? You misunderstood this process once, are you willing to bet you won't misunderstand it again?

I sympathize with you. You did a stupid thing, and although you seem to be having a problem owning up to it, I think you will eventually come to terms with it. But you need to get some professional advice now. Right now you are just guessing, hoping something will work. That's a poor way to plan the rest of your life.

Best of luck to you.

[payxibka 10,047]

I told my fiancee that we were introduced and met in 2004 but we weren't falling in love until 2006 that is why we didn't have any communication covering 2 yrs period. That is what she stated during the interview. They didn't believe her. Officer said: Photographs submitted do not indicate they spent more then one or two days in each other's presence. How they hell they know about this? I went on a trip with her and took lots of pictures and submitted to them, they can tell it is not 1 or 2 days together. Now, this is a false accusation from the u.s. consulate officer. Can I sue him?

On what grounds? The letter said that the evidence provided does not indicate more than 1 or 2 days together based on the "reasonable person" standard. Maybe all the photos taken you were dressed in the same clothing... this would be an indication that the pictures were taken during a very short time frame..... I don't know if this is factual or not but is a plausible scenario...

Edited February 13, 2008 by fwaguy

[brnidokiegurl 0]

If you met in (whatever year) your passport will support this along with the trip plans and receipts etc, money records, if you took a trip (whenever) you might have hotel papers, more money records during the trip days. During the time you were (falling in love) surely you would have talked, sent letters, phone bills, emails it can all be documented and this is what they expect to see

[mox 298]

Now, this is a false accusation from the u.s. consulate officer. Can I sue him?

You can't be serious.

[chris4gretchen 1]

Thank you all very much for your valuable posts and replies...

I know my case is a misunderstood the requirements. If my Senator couldn't help me, the next plan I will do is going back to Vietnam to marry her and petition her as K3 all over again. Is this the right thing to do? I may have to wait for another yr or two, whatever long it takes for her to come here. I am so tired of pursuing the case.... Lawyers are expensive and no guarenteed that they can help with my current situation. I don't plan to look for a lawyer.

You are clearly not understanding the seriousness of your offense. This isnt just "oh you lied, well file again". You lied on Government documents that are clearly marked as sworn statements. Not only can your fiancee be denied for life, but your future filings could be in jeopardy. This is not a minor issue.

English as a second language is not an excuse you can use. You knowingly lied to the government when under oath to tell the truth.

What in the world possessed you to lie in a sworn statement? You lied under oath. This isnt just misunderstanding the requirements when you decided to lie on your application. Even people who dont speak english know a lie from the truth.

You need a very good immigration attorney. Your lie could have given your fiancee a lifetime ban. Think about that.

Chris