If someone's K-1 visa gets denied

[Staashi 371]

Why did they deny it? What did they say he did wrong or not have in order? I would also suggest that the next time he has his interview that you be there. Nothing says lovin' like an international trip for the fiance visa. We went through the ringer for our K1 interview.

Here was our story:

I attended my fiance's (now husband) in Buenos Aires. I think it just helps to give validation to the relationship if your USC fiance flies around the world to be with you at the interview. It was good that I was there, as I don't think she would have approved the visa. Initially, she had some questions for me and then she spoke directly with him for a while.

Our interviewer was a real pill, too. At one point, she said that she would deny his visa application because I didn't have copies of my 2002 - 2003 tax returns. I said that they weren't required in the application, which she proceeded to tell me that consulars retain the right to ask for anything they deem necessary. She basically said that there was no way to circumvent this and that I would be leaving Argentina before she could process Gustavo's visa, as they were closed on Friday - I was leaving Sunday, and it was Thursday. Fortunately, I had done all of my tax filing on Turbo Tax and was able to go to an internet cafe and print them off for her.

When we went back to the embassy later on that day, she was shocked to see us, but moreover, it shocked the heck out of her that I my tax returns in hand. She finally said that she would approve his visa, but she wanted to talk with me in private first. She asked if I knew what I was doing? I was so disgusted by this time, but I finally told her - Are you Catholic? She said what did that have to do with anything? I said, are you? She said yes. I said have you ever been engaged to be married in the Catholic Church? She said no. I said, well when you finally go before your priest to tell him that you want to be married in the Church, prepare for the Spanish Inquisition. It is worse than the Embassy interview. I told her that her priest will have all sorts of questions and tests to justify her relationship. Furthermore, I pointed out my letter from our priest that explained the examination of conscience that I had to go through. I told her, if we're ready to be married in the eyes of the Church I think that means we're ready to be married in the eyes of the US Government. She approved our visa after that.

All I can tell you is be prepared for anything.

And now here we are...three and a half years later and applying for citizenship!

Good luck!

Edited April 25, 2008 by Staashi

[bengalilover 0]

Staashi: that's a great encouraging story. Wish you very happy married life!

Good luck for Panam? What are the reasons for denial?

[panamania79 2]

Staashi: that's a great encouraging story. Wish you very happy married life!

Good luck for Panam? What are the reasons for denial?

Because he committed a robbery 15 years ago.We paid a lawyer to expunge his record yet it still showed up.They gave him the option of doing a I-601 waiver.They said they would interview him again.I am going to Panama to see how I can help.

Why did they deny it? What did they say he did wrong or not have in order? I would also suggest that the next time he has his interview that you be there. Nothing says lovin' like an international trip for the fiance visa. We went through the ringer for our K1 interview.

Here was our story:

I attended my fiance's (now husband) in Buenos Aires. I think it just helps to give validation to the relationship if your USC fiance flies around the world to be with you at the interview. It was good that I was there, as I don't think she would have approved the visa. Initially, she had some questions for me and then she spoke directly with him for a while.

Our interviewer was a real pill, too. At one point, she said that she would deny his visa application because I didn't have copies of my 2002 - 2003 tax returns. I said that they weren't required in the application, which she proceeded to tell me that consulars retain the right to ask for anything they deem necessary. She basically said that there was no way to circumvent this and that I would be leaving Argentina before she could process Gustavo's visa, as they were closed on Friday - I was leaving Sunday, and it was Thursday. Fortunately, I had done all of my tax filing on Turbo Tax and was able to go to an internet cafe and print them off for her.

When we went back to the embassy later on that day, she was shocked to see us, but moreover, it shocked the heck out of her that I my tax returns in hand. She finally said that she would approve his visa, but she wanted to talk with me in private first. She asked if I knew what I was doing? I was so disgusted by this time, but I finally told her - Are you Catholic? She said what did that have to do with anything? I said, are you? She said yes. I said have you ever been engaged to be married in the Catholic Church? She said no. I said, well when you finally go before your priest to tell him that you want to be married in the Church, prepare for the Spanish Inquisition. It is worse than the Embassy interview. I told her that her priest will have all sorts of questions and tests to justify her relationship. Furthermore, I pointed out my letter from our priest that explained the examination of conscience that I had to go through. I told her, if we're ready to be married in the eyes of the Church I think that means we're ready to be married in the eyes of the US Government. She approved our visa after that.

All I can tell you is be prepared for anything.

And now here we are...three and a half years later and applying for citizenship!

Good luck!

Very encouraging story,I am so glad you made it through that ordeal.

[GabachaYucateca 0]

You can still file a waiver even as a fiance. But you must prove that, for you, moving to Panama would be an unendurable hardship for you.

Stasshi: I LOVED your story! What style and guts!

[bogartnoir 1]

Or are there any options ?

wait...so does the denial thing happen often? can you tell us why you got denied so other people can learn from the mistake?

now i'm terrified to be filing tomorrow. i was under the impression that if you read the guides and could wait a bit the visa would be yours

Edited April 27, 2008 by bogartnoir

[BigCityDave 0]

Or are there any options ?

wait...so does the denial thing happen often? can you tell us why you got denied so other people can learn from the mistake?

now i'm terrified to be filing tomorrow. i was under the impression that if you read the guides and could wait a bit the visa would be yours

Well, in this case there was a robbery.

As has been stated before.

Robbery

Illegal stays

Drugs

Lies

etc....

All good reasons to get you denied. If you are free of those then the chances are very slim. Like slimmer than a cardboard. No worries.

[bogartnoir 1]

If you are free of those then the chances are very slim. Like slimmer than a cardboard. No worries.

oh my god. you REALLY made my night. no kidding. i'm looking forward so sending out the paperwork now. i was terrified before, but i think (i hope. im pretty sure) we've done everything right.

thank you so much for the reassurance!

[john_and_marlene 162]

I assume that he checked the box on the DS-156 that said he had never been arrested or convicted in section 38. If so, you may find that even a waiver may not be of help. To check that block NO when the true answer was yes is considered material misrepresentation which is grounds to deny any future U.S. entry.

38. Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other

similar legal action?

[panamania79 2]

I assume that he checked the box on the DS-156 that said he had never been arrested or convicted in section 38. If so, you may find that even a waiver may not be of help. To check that block NO when the true answer was yes is considered material misrepresentation which is grounds to deny any future U.S. entry.

38. Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other

similar legal action?

You assumed wrong because he checked YES, and showed them his expunged record.It showed up in their computer anyway.

[brnidokiegurl 0]

Not sure of your location and use of the word expunge, here a exp can only be given on a deferred sentence (with a def of 1 year or under) and then it will still show up as a arrest but just with the conclusion (pled not guilty case dismissed) so in a sense it is still ther just not a conviction.

Now for a total exp to wipe clear off the arrest and all it would have to fall under 1. no charges were ever filed after arrest, 2 dismissed (other reasons) you would be surprised how many lawyers mess this up. Even a pardon here will still show up just with the word PARDON now