My petition for my wife's K3 visa was revoked

[Aleruben26 0]

I am a US citizen who married a Colombian National.

I peititioned for her and thru various circumstances her visa was revoked

The relationship had many complicatition and I had seperated from her before I got this final decesiion from USCIS.

My question is once my divorce is complete, will I be able to petition for a K1 visa for someone I potentially might want to marry in the states, or will the revoke visa prohibit me from this.

Anyone's input would be greatly appreciated.

[payxibka 10,047]

I am a US citizen who married a Colombian National.

I peititioned for her and thru various circumstances her visa was revoked

The relationship had many complicatition and I had seperated from her before I got this final decesiion from USCIS.

My question is once my divorce is complete, will I be able to petition for a K1 visa for someone I potentially might want to marry in the states, or will the revoke visa prohibit me from this.

Anyone's input would be greatly appreciated.

As the USC, if you meet the base qualifications and are able to demonstate this with the appropriate evidence, you should be OK...

[frali 2]

It depends on the circumstances that your ex-wife's visa was revoked.

[payxibka 10,047]

It depends on the circumstances that your ex-wife's visa was revoked.

I'd be curious to know how does an alien's visa revokation affect a USC?

[pushbrk 13,073]

It depends on the circumstances that your ex-wife's visa was revoked.

Right. You can file a petition, but the important question is whether it would be approved. It's not clear to me whethe a visa was issued and then revoked or the visa was denied and the file sent back to USCIS for revocation.

We just had a case where both petitioner and beneficiary conspired in a material misrepresentation. I expect that petitioner would have problems with future petitions but no actual law against trying and success is certainly possible.

No definitive answers here, at least not based on the sketchy information given.

[Minya's wife 25]

You do not petition someone with a K-1 who you "potentially might want to marry". There is this connotation (sometimes) of the K-1 as a temporary "lets see if it will work" type of visa.....there is no such thing. The fiancee visa is issued so that the foreign fiancee may enter the US and marry his/her USC fiance. The K-1 is for those who are past "potentially"....for those who are sure.

-P

[Aleruben26 0]

OK, I will explain what happened.

Originally I married in Colombia. I filed for the visa and was given the interview 6 months later.

My wife went to the interview, and on my end everything checked out but on her end theres was 1 problem.

The visa was not given to her because of place of birth. See, she was born in Venezuela but has a Cedula for both Venezuela and Colombia ( MOther is Colombian, Father is Venezuelan). So when I filled out the application with her I asked her where was she born, she told me Venezueal, which is true.

But what I didnt know until a week before the interview was that her Colombian birth certificates states she was born in Colombia not Venezuela (Obvoius problem, but at this point she had to go thru with the interview).

After they denied her because of this, she went crying to the consulate. At the consulate they approved the visa and told her to pick up next day. Later that day someone else called her and told her the visa was approved pending she fix her birth certificate first.

In order to fix the birth certificate, she needed to get a new birth certificate from the hospital where she was born in Venezuela, then get it apostilled in Caracas, then have the registro corrected in Bogota.

Now here's where everything went up in smoke. Like I originally stated, we had many problems in our relationship far beyound the visa. Basicly one day I lost it, I was so pissed and tired of her, I impussively decided I didnt want her to come here.

So I called up the Embassy in Bogota and asked them about the status of the visa. They said it was approved pending the correction of the documents.

I asked them what could I do if I didnt want her to have the visa, they first told me nothing. If she correct the docs they will give her the visa.

THey said the only thing you could do is send a fax, stating you didnt want her to have the visa, but that was not guarenteed. So, I sent the fax. A few days later I repented of my decision and sent them a second fax to disregard the first fax. Please note on the first fax I left them my name, social, email address and phone number. I thought they would have contacted me before making a final decision. I called the emabassy to see if they had received my faxes, the said they had nothing and the visa still good.

A month later I received an email from the Embassy stating that based on my request the returned my visa to NVC.

This was October of 2006, but since I had an approved I-130 they suggested I use that visa all I needed to the was sent the fee to NVC.

A month later I called to ask NVC regarding the money order I need to send them, they told me dont bother becuase the visa had been returned to USCIS along with my i-129F. I then received letters from USCIS in december and january stating they were investigating my case and they would let me know if they needed anything from me.

I made an appointment to speak to an immigration officer in Miami to see where the case stood, they said the only thing I could do is write USCIS. So that is what I did, I wrote then a 5 page letter explaining everything that had happened and that I still wanted to bring my wife to the states.

Over the next few months I received no information regarding my case. April of last year is when I decided to call it quits with my wife. Finally March of this year I received a final decision from USCIS stating that the visa had been revoked and this was a final decision with no appeall.

So now you know the details, so going back to my original question. Would I be able to petition for someone in the future or am I screwed.

[payxibka 10,047]

You have done nothing that appears will impede your ability to petition again someday, that at worst, a waiver cannot resolve (dependant on the petition of course).

Edited September 9, 2008 by fwaguy

[MaxOnline 0]

You can... as long as you're eligible but it's going to take abnormally long time to be approved!! but according to what aforementioned you can't write a five-pages letter to the USCIS... none have time to read all that dude! you should explain your case briefly.. plus you keep on changing your mind, send them faxes and other faxes asking them to disregard them!

[pushbrk 13,073]

You have done nothing that appears will impede your ability to petition again someday, that at worst, a waiver cannot resolve (dependant on the petition of course).

I don't see any impairment to a future petition either.

[2ond journey 0]

I just have a question along with this story. Say for instance, the O.P., still was involved with this woman and wanted to refile with the same woman. After recieving notice, that the visa had been revoked and this was a final decision with no appeall, does this mean that he could never file again for this woman? Would she be barred from the u.s for life? Just a curious question.

[pushbrk 13,073]

I just have a question along with this story. Say for instance, the O.P., still was involved with this woman and wanted to refile with the same woman. After recieving notice, that the visa had been revoked and this was a final decision with no appeall, does this mean that he could never file again for this woman? Would she be barred from the u.s for life? Just a curious question.

No. It just means he'd have to start over again. There's no immigration related penalty for either party, when a relationship just doesn't work out. She could also be successfully petitioned by another USC.

Edited September 9, 2008 by pushbrk