What should i do if the k1 visa get denied???

[Herolmounia 0]

Hi all

i am so worried i can't hide that anymore!!!!

we sent the petition to VSC at the end of january2008 and we received the RFE march 11th they were asking my fiance US citizen for his police report (he was arrested many times but went to jail ( convicted) 2 times for selling drugs and the 2nd was for stealing) when we sent the I129F petition it doesnt mention these things that's why he didnt check the box of being convicted for the crimes listed in it.

the lawyer says they shouldn't deny us for that even if he was convicted for the crimes listed in the I129F , he says they want just to let me know at the embassy interview!!!

i dont know why they can deny us!!!! he has never convicted for the crimes on the list !!!!!

the status of our case says they will send us a written update or decision for our case within 60days after they received our RFE!!!

NOW it is almost 60days and no update no decison nothing !!!!!!!!

my question is what should we do if they deny us??

any answer is appreciated

thanks

Edited May 27, 2008 by Herolmounia

[*JG* 2]

Why were they asking the US citizen for his police report?

[Herolmounia 0]

Why were they asking the US citizen for his police report?

i think because they search of his background then they found out he was convicted before!!!

[*JG* 2]

Why were they asking the US citizen for his police report?

i think because they search of his background then they found out he was convicted before!!!

I have never heard of this happening. The beneficiary, yes. The petitioner, no. Intereseting.

[Leafgal 3]

I think like your lawyer said it is so that they can inform you at the interview so that you know, and therefore can't claim you didn't down the road.

[brnidokiegurl 0]

I never heard of anyone at this point getting denied, not sure what the drug issue will cause, but if that is the problem getting married wont help i wouldnt think. Was it a deffered sent, what was the outcome...for now have a state rep do so work for you and find out whats going on.

[Herolmounia 0]

please someone help me!!!!

my question is what should we do if they deny our petition!!!!????????

any other options??

thanks.

[Herolmounia 0]

I think like your lawyer said it is so that they can inform you at the interview so that you know, and therefore can't claim you didn't down the road.

i hope so but i am worried they deny us and i need to think what should we do if they do!!! because we can't stop trying to be with each other!!

I never heard of anyone at this point getting denied, not sure what the drug issue will cause, but if that is the problem getting married wont help i wouldnt think. Was it a deffered sent, what was the outcome...for now have a state rep do so work for you and find out whats going on.

thanks for the reply that makes me feel better but i really need advices about what to do is there any other option than k1 to be with him or should we resent the petition?

PS: i don't understand what does the red sentence means?

[snowfrostedlashes 0]

Hi all

i am so worried i can't hide that anymore!!!!

we sent the petition to VSC at the end of january2008 and we received the RFE march 11th they were asking my fiance US citizen for his police report (he was arrested many times but went to jail ( convicted) 2 times for selling drugs and the 2nd was for stealing) when we sent the I129F petition it doesnt mention these things that's why he didnt check the box of being convicted for the crimes listed in it.

the lawyer says they shouldn't deny us for that even if he was convicted for the crimes listed in the I129F , he says they want just to let me know at the embassy interview!!!

i dont know why they can deny us!!!! he has never convicted for the crimes on the list !!!!!

the status of our case says they will send us a written update or decision for our case within 60days after they received our RFE!!!

NOW it is almost 60days and no update no decison nothing !!!!!!!!

my question is what should we do if they deny us??

any answer is appreciated

thanks

Well there is nothing you can do at this point but wait for the decision on your petition. I am assuming that your fiance had a er... colourful past and is now a reformed character, but it may well be that there is a legal requirement to disclose this information to you at interview since they have to consider the possibility that you may be unaware of these prior convictions and that such knowledge might effect your decision to marry him. Remember that the US government takes a very dim view of drug related crime. If the crimes were recent and he served time in jail, it may effect their decision regarding his ability to vouch that he would be responsible for you financially, also, if he were still under probation or something like that it might be an issue.

Once you receive the decision notice from USCIS you will be able to think things through from there. I think it unlikely that your petition will be denied since it is YOUR suitability to enter the country that is being examined at this stage. However, if the petition was denied for reason of his criminal history there is really very little you can do to be able to lawfully enter the country since the same issue would come up if you filed another type of petition such as a K3.

[Leafgal 3]

I agree you need to just wait and see what happen. No need to worry before you need to and it may not be an issue. Try to relax, I know that is hard but right now it is out of your hands anyways. I am sure it will be fine, and if something happens then there may be others who have been in the situation and can give you good advice.

[KimandRuss 0]

This is only an assumption but it would explain the added security measures that went into effect just last year...

An excerpt from the Adam Walsh Child Protection Law...

The Act also for the first time limits the rights of citizens or permanent residents to petition to immigrate their spouse or other relatives to the U.S. if the petitioner has a listed child sex abuse conviction. If that is the case, then the petition cannot be approved unless the Department of Homeland Security determines in its unreviewable discretion that there is no risk of harm to the beneficiary or derivative beneficiary.

I know that his convictions were not related to children or sex abuse but i'm sure there is added scrutiny when something is found and even more security measures that are making them dig a little deeper to be sure you are not in harms way when you do arrive. I'm sure you trust and love him but they are probably looking out for your good.

Nobody can tell you if you will get pass this step but there are always waivers and whatnot so don't start to panic just yet.

[Herolmounia 0]

Well there is nothing you can do at this point but wait for the decision on your petition. I am assuming that your fiance had a er... colourful past and is now a reformed character, but it may well be that there is a legal requirement to disclose this information to you at interview since they have to consider the possibility that you may be unaware of these prior convictions and that such knowledge might effect your decision to marry him. Remember that the US government takes a very dim view of drug related crime. If the crimes were recent and he served time in jail, it may effect their decision regarding his ability to vouch that he would be responsible for you financially, also, if he were still under probation or something like that it might be an issue.

Once you receive the decision notice from USCIS you will be able to think things through from there. I think it unlikely that your petition will be denied since it is YOUR suitability to enter the country that is being examined at this stage. However, if the petition was denied for reason of his criminal history there is really very little you can do to be able to lawfully enter the country since the same issue would come up if you filed another type of petition such as a K3.

thanks for the reply Mark and Hannah

yes my fiance was crazy before, he did big mistakes in his past but i love him and that means nothing for me as long as he changed fully recently he has a good work and we r going to use a co-sponsor anyway for support,

the problem is he till in probation which will be over december 2008:(

[Herolmounia 0]

This is only an assumption but it would explain the added security measures that went into effect just last year...

An excerpt from the Adam Walsh Child Protection Law...

The Act also for the first time limits the rights of citizens or permanent residents to petition to immigrate their spouse or other relatives to the U.S. if the petitioner has a listed child sex abuse conviction. If that is the case, then the petition cannot be approved unless the Department of Homeland Security determines in its unreviewable discretion that there is no risk of harm to the beneficiary or derivative beneficiary.

I know that his convictions were not related to children or sex abuse but i'm sure there is added scrutiny when something is found and even more security measures that are making them dig a little deeper to be sure you are not in harms way when you do arrive. I'm sure you trust and love him but they are probably looking out for your good.

Nobody can tell you if you will get pass this step but there are always waivers and whatnot so don't start to panic just yet.

we can't wait anymore we waited enough

in case they deny us we have to try again or try something else but Mark and hannah is right it's the same because all will be treated in USCIS.

i am just wondering why it's different he says that it will take only an hour to marry if he wants to marry someone there then why they r not looking for the good of the people there!! that's not making any sense !!!

i know his past he told me everything and if that's not working then in january 2009 he will come to live with me here in Morocco.

[Herolmounia 0]

I agree you need to just wait and see what happen. No need to worry before you need to and it may not be an issue. Try to relax, I know that is hard but right now it is out of your hands anyways. I am sure it will be fine, and if something happens then there may be others who have been in the situation and can give you good advice.

thanks i am really trying to relax and not worry so much but it took so much which making him worried and then he makes me worry about it too !!

i am relying on GOD cuz he got the final decision, please pray for me !! i need prayers

[brnidokiegurl 0]

I think like your lawyer said it is so that they can inform you at the interview so that you know, and therefore can't claim you didn't down the road.

i hope so but i am worried they deny us and i need to think what should we do if they do!!! because we can't stop trying to be with each other!!

I never heard of anyone at this point getting denied, not sure what the drug issue will cause, but if that is the problem getting married wont help i wouldnt think. Was it a deffered sent, what was the outcome...for now have a state rep do so work for you and find out whats going on.

thanks for the reply that makes me feel better but i really need advices about what to do is there any other option than k1 to be with him or should we resent the petition?

PS: i don't understand what does the red sentence means?

im asking about his sentence of the crime, did he receive a deferred sentence (which is no guilt) compared to a suspended or just guilty period. Ithink u just have to give it a wait and see time to find out what u will need to do