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

[Zee Bee 61]

Just because you misunderstood does not give you the go ahead to lie.

OK, so according to you and what you told the CO, you met in 2004, once. No communication. And then, in 2006, you decided to go and get engaged but you cannot provide anything (because you lied) but decide to get married anyways.

I can see why the CO would be suspicious...I would be too. How can 2 people, who met each other once, and in the interim, have no communication (according to what you told the CO), decide to get married after a 2 year gap?

[bakofoil 27]

K1 Sponsor. It seems they suspect you did not have a relationship with your fiancee until Dec 2006. However it also seems you submitted insufficient evidence to support your relationship after that single trip to Vietnam. Photographs are secondary evidence and if this was all you included in your petition to substantiate spending more than one or two days together then I can understand their concerns. Did you include flight itineries, boarding passes? You also need to satisfy the consular officer that you have an on-going relationship and they state that only a 'few' chat transcripts were included as evidence.

No one here is judging your relationship. What we are saying is, if you want a chance of surviving this episode and having a future in the US with your fiancee , then you need to seek expert advice from a qualified immigration attorney. The consular officer, in my view, gave you a full and reasoned definition of the decision to deny the visa (many do not receive such specific information on such decisions). Everyone here has given you solid advice. You need to find a good immigration lawyer because, given the detailed denial notice you have received, they may well be able to get you out of this sticky mess.

Edited February 13, 2008 by babblesgirl

[maya62 7]

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

Completely agree.

OP, please consider that whatever you do does not only affect you, but also your future spouse. Possibly for the rest of her life. Time to stop thinking only of yourself and your wallet, and be considerate of your fiancee's future. You are now in deep trouble because of a simple misunderstanding (and the subsequent, unnecessary lie you both told). You and your fiancee are being accused by the US govt of FRAUD. If you couldn't handle the original process properly, what makes you think you will be able to get out of this very tricky situation without professional help? You're right, lawyers are expensive and there's no guarantee that they can help you. But I'll bet at this point that your odds of being successful without one are slim and none.

Please do lawyer up, if not for your own sake, than for the sake of the woman that you love...

Maya

[NCWife 0]

Suing costs a lot of money and I think you should use that amount of money to hire a good attorney instead.

Nothing in life is guaranteed and yes, OP, you are right, hiring an attorney doesn't guarantee that he will help you to bring your fiancee over but hey, you are not left many options there and trust us, that's the best option and probably the only one left unless you want move to Vietnam instead of her going to the US.

[Seattle2Cebu 0]

takes some guts to admit what you did...

sad thing is , you didnt have to lie..

[DerekJ 0]

From what I see, it was primarily the lie that drove this decision. I seem to recall others on this forum who have been approved and have not had mountains of evidence in support. Add to that you were dealing w/HCMC consulate, which I understand is tough to begin with, and it is easy to see how this happened.

[Mia Sav 1]

Hello all,

I am new on this board. Here is my K1 denied petition issue. Please give me any advice if you can. I was introduced to my fiancee in Vietnam in 2006 but I lied in my petition that I met her in 2004. I have no supporting evidence of the relationship between 2004 to 2006. I have evidence from 2006 until now. So, basically they rejected my application and saying that we lack of evidence since 2004. They want to return my petition back to the u.s. for appealing. They didn't tell me when will they return? I have no clue what to do next?

Any advice here? I did the petition all by myself. I didn't go thru. lawyer or service agent. Now, it is too much trouble and headache for me. Helppp. I wrote a letter to my Senator, do you think they can help out my case?

Thanks all.

You make your case complicated by LYING in the first place. If you told the truth in the first place you would not go thru this headache. Since you told them you met her in 2004, it is expected that they will ask for evidence of relationship from the year 2004 to 2005. Well anyway, why did you have to lie in the first place?

[pushbrk 12,898]

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?

Thank you for providing the above. I think it is very good news for you. Considering the fact that you willfully misrepresented facts, exposing yourself to a possible lifetime ban the fact that they denied the visa for insufficient evidence of bona fides indicates you still have viable options for being together in the USA.

I suggest you once and for all, stop thinking of your problem as a misunderstanding. A misunderstanding may be the reason you lied but you then clearly chose to lie. You got lucky, in that the Consular officer's comments don't indicate a finding of intentional misrepresentation but merely a failure to meet the reasonable person standard.

At this point though, I strongly suggest you retain the services of a competent immigration attorney before taking any further steps whatsoever. The sooner you do this, the better. I think the advice will include at least two additional trips to Vietnam, one for marriage and another to show bona fides. You'll have to deal with this current Notice of Intent to Deny first though.

Please start considering yourself extremely fortunate to be in this circumstance instead of a far worse one, with nobody to blame but yourself.

[bakofoil 27]

Thank you for providing the above. I think it is very good news for you. Considering the fact that you willfully misrepresented facts, exposing yourself to a possible lifetime ban the fact that they denied the visa for insufficient evidence of bona fides indicates you still have viable options for being together in the USA.

I suggest you once and for all, stop thinking of your problem as a misunderstanding. A misunderstanding may be the reason you lied but you then clearly chose to lie. You got lucky, in that the Consular officer's comments don't indicate a finding of intentional misrepresentation but merely a failure to meet the reasonable person standard.

At this point though, I strongly suggest you retain the services of a competent immigration attorney before taking any further steps whatsoever. The sooner you do this, the better. I think the advice will include at least two additional trips to Vietnam, one for marriage and another to show bona fides. You'll have to deal with this current Notice of Intent to Deny first though.

Please start considering yourself extremely fortunate to be in this circumstance instead of a far worse one, with nobody to blame but yourself.

That's the way I read it too. It seems there is a suspicion that there was not a relationship prior to Dec 2006 but the real quibble the CO had was the lack of supporting evidence for the relationship post engagement. I think the OP is very fortunate to have been given such a detailed reason for the denial and I hope he follows the advice to seek real help with this. He really can't afford any more 'misunderstandings'.

[payxibka 10,045]

Thank you for providing the above. I think it is very good news for you. Considering the fact that you willfully misrepresented facts, exposing yourself to a possible lifetime ban the fact that they denied the visa for insufficient evidence of bona fides indicates you still have viable options for being together in the USA.

I suggest you once and for all, stop thinking of your problem as a misunderstanding. A misunderstanding may be the reason you lied but you then clearly chose to lie. You got lucky, in that the Consular officer's comments don't indicate a finding of intentional misrepresentation but merely a failure to meet the reasonable person standard.

At this point though, I strongly suggest you retain the services of a competent immigration attorney before taking any further steps whatsoever. The sooner you do this, the better. I think the advice will include at least two additional trips to Vietnam, one for marriage and another to show bona fides. You'll have to deal with this current Notice of Intent to Deny first though.

Please start considering yourself extremely fortunate to be in this circumstance instead of a far worse one, with nobody to blame but yourself.

That's the way I read it too. It seems there is a suspicion that there was not a relationship prior to Dec 2006 but the real quibble the CO had was the lack of supporting evidence for the relationship post engagement. I think the OP is very fortunate to have been given such a detailed reason for the denial and I hope he follows the advice to seek real help with this. He really can't afford any more 'misunderstandings'.

This is what has been provided on the surface and may in fact be it and nothing more... the real key however is to get a hold of the consular notes that have benn attached/written into the file... this can be done via a FOIA request...

[Minya's wife 25]

Thank you for providing the above. I think it is very good news for you. Considering the fact that you willfully misrepresented facts, exposing yourself to a possible lifetime ban the fact that they denied the visa for insufficient evidence of bona fides indicates you still have viable options for being together in the USA.

I suggest you once and for all, stop thinking of your problem as a misunderstanding. A misunderstanding may be the reason you lied but you then clearly chose to lie. You got lucky, in that the Consular officer's comments don't indicate a finding of intentional misrepresentation but merely a failure to meet the reasonable person standard.

At this point though, I strongly suggest you retain the services of a competent immigration attorney before taking any further steps whatsoever. The sooner you do this, the better. I think the advice will include at least two additional trips to Vietnam, one for marriage and another to show bona fides. You'll have to deal with this current Notice of Intent to Deny first though.

Please start considering yourself extremely fortunate to be in this circumstance instead of a far worse one, with nobody to blame but yourself.

That's the way I read it too. It seems there is a suspicion that there was not a relationship prior to Dec 2006 but the real quibble the CO had was the lack of supporting evidence for the relationship post engagement. I think the OP is very fortunate to have been given such a detailed reason for the denial and I hope he follows the advice to seek real help with this. He really can't afford any more 'misunderstandings'.

This is what has been provided on the surface and may in fact be it and nothing more... the real key however is to get a hold of the consular notes that have benn attached/written into the file... this can be done via a FOIA request...

Wait, I'm confused fwaguy. Do you mean that there could be more detail regarding the findings of the CO in his notes, i.e. there could still be a finding of misrepresentation, but not written in this NOID letter?

-P

[tashyta 0]

They will always need proof for everything! No exceptions!!! So everything you tell them - you should be sure you have proof!

Edited February 14, 2008 by tashyta

[payxibka 10,045]

Wait, I'm confused fwaguy. Do you mean that there could be more detail regarding the findings of the CO in his notes, i.e. there could still be a finding of misrepresentation, but not written in this NOID letter?

-P

I am not necessarily saying that... but there will definitely be more detail....

[Minya's wife 25]

Wait, I'm confused fwaguy. Do you mean that there could be more detail regarding the findings of the CO in his notes, i.e. there could still be a finding of misrepresentation, but not written in this NOID letter?

-P

I am not necessarily saying that... but there will definitely be more detail....

Could be, but this is more detail than some others have gotten in a NOID, so the OP is still better informed as to the "why's". The advice of many on this thread still stands....to get legal advice for any action from thsi point forward. I don't think this can be a do-it-yourself thing anymore.

-P

[K1 Sponsor 0]

Hello all,

Hope you're doing fine....

I know I created the mess and I should not lie in the first place. In my u.s. passport shows the date stamped in Dec 2004, Dec 2006 and recent trip Dec 2007. Who is the good lawyer that I can trust? Can you point me one? Any guarenteed of the outcome?

Thanks for your honest opions.