K1 visa denials

[mikeuday19 0]

i have read some posts here regarding visa denials and how and why did it happen, i never worry about those because i was confident that we did the right thing and that we have a bona fide relationship, and that we really intend to get married as soon as we can,

until i read this post, im so afraid now because we have similar situation, i met my fiancee while he was still legally married to his second wife, let me tell give you an idea how we met, he was searching for some information about his father's country, which is the philippines, because he was curious if they still have some relatives over here, and so he accidentally bumped into my website at www.multiply.com, that website is not really a dating site, its more of a "sharing site" because if you register for an account in there, there is nothing you will do but post pictures, music, videos, write blogs, and that's it,

so while he was searching for some information about the philippines, he found my website, and he looked at some of my photos, and then he left me a comment and he "stole" my pictures and that's how we met online,

we met online on august 19, 2007 and we wrote long emails to each other for 9 days and on the 10th day, that's when we started chatting, but even before we start chatting, we already developed a deep feelings for each other, yes, we instantly fell in love, at that time, he was still married to her second wife, but he already had planned on filing for a divorce, but he opted not to file for divorce until both of them paid off their debts, which i think was wise, so he stayed with his second wife until november when he finally was able to buy a house, and that was 3 months since we met online,

technically speaking, we were having an affair, and i was the third party, i even felt at that time that i was stealing him from his second wife even though he explained to me that they were just merely housemates, they dont even share the same room, and that its hard for them to get along with each other, and they have been like that for years already, even before he met me,

in january of this year, we got the chance to get a 2-week vacation off from work, that was why he was able to visit me here in the philippines for 2 weeks, we got engaged at that time, and he decided that he will file his divorce the moment he got home, we both wanted to stay together for at least a month, but our jobs wont allow us, so even if it was hard to let him go, he went back to the US,

unfortunately, when he got home, his mother died so he wasnt able to file for divorce as planned, after more than a week, the funeral was finally over, so he finally got the chance to file for his divorce, and it took him 3 months to get the document, its supposed to be 6 months, but since he really wanted to get that divorce decree so that we can file for fiance visa, he lied about how long he has been separated from his second wife, but both him and his second wife agreed on that because there was just no reason for them to stay married to each other, so they got the divorce decree 3 months after filing,

and then it took us a couple of weeks to finally sent the I-129f package, we finally sent the I-129f on June 23rd, and then we got our NOA1 last July 1st, and now, our NOA2 should arrive at his mailbox any moment from now,

i am just so worried now, what if we got denied like what happened to Ric Altman and his fiancee? what if the CO tells me after the interview that its too quick and unreasonable to fall in love with each other for less than 9 days? it may be impossible, but i did fell in love with mike the very first time he responded to my first email to him, and if its not love, then i dont know what you call it,

i dont know, im so confused now, i was confident that i can prove during the interview that we are having a bona fide relationship, i think we have enough evidence to support that like emails, chats, videos, receipts, i am even recording our voice calls and i have a lot that, but im not so sure about it now, what if the CO tells me the same thing? that's its "unreasonable and too quick?"

i just dont know what to do... any advice will definitely be appreciated... thanks...

[Egyptian Pharaoh 0]

i have read some posts here regarding visa denials and how and why did it happen, i never worry about those because i was confident that we did the right thing and that we have a bona fide relationship, and that we really intend to get married as soon as we can,

until i read this post, im so afraid now because we have similar situation, i met my fiancee while he was still legally married to his second wife, let me tell give you an idea how we met, he was searching for some information about his father's country, which is the philippines, because he was curious if they still have some relatives over here, and so he accidentally bumped into my website at www.multiply.com, that website is not really a dating site, its more of a "sharing site" because if you register for an account in there, there is nothing you will do but post pictures, music, videos, write blogs, and that's it,

so while he was searching for some information about the philippines, he found my website, and he looked at some of my photos, and then he left me a comment and he "stole" my pictures and that's how we met online,

we met online on august 19, 2007 and we wrote long emails to each other for 9 days and on the 10th day, that's when we started chatting, but even before we start chatting, we already developed a deep feelings for each other, yes, we instantly fell in love, at that time, he was still married to her second wife, but he already had planned on filing for a divorce, but he opted not to file for divorce until both of them paid off their debts, which i think was wise, so he stayed with his second wife until november when he finally was able to buy a house, and that was 3 months since we met online,

technically speaking, we were having an affair, and i was the third party, i even felt at that time that i was stealing him from his second wife even though he explained to me that they were just merely housemates, they dont even share the same room, and that its hard for them to get along with each other, and they have been like that for years already, even before he met me,

in january of this year, we got the chance to get a 2-week vacation off from work, that was why he was able to visit me here in the philippines for 2 weeks, we got engaged at that time, and he decided that he will file his divorce the moment he got home, we both wanted to stay together for at least a month, but our jobs wont allow us, so even if it was hard to let him go, he went back to the US,

unfortunately, when he got home, his mother died so he wasnt able to file for divorce as planned, after more than a week, the funeral was finally over, so he finally got the chance to file for his divorce, and it took him 3 months to get the document, its supposed to be 6 months, but since he really wanted to get that divorce decree so that we can file for fiance visa, he lied about how long he has been separated from his second wife, but both him and his second wife agreed on that because there was just no reason for them to stay married to each other, so they got the divorce decree 3 months after filing,

and then it took us a couple of weeks to finally sent the I-129f package, we finally sent the I-129f on June 23rd, and then we got our NOA1 last July 1st, and now, our NOA2 should arrive at his mailbox any moment from now,

i am just so worried now, what if we got denied like what happened to Ric Altman and his fiancee? what if the CO tells me after the interview that its too quick and unreasonable to fall in love with each other for less than 9 days? it may be impossible, but i did fell in love with mike the very first time he responded to my first email to him, and if its not love, then i dont know what you call it,

i dont know, im so confused now, i was confident that i can prove during the interview that we are having a bona fide relationship, i think we have enough evidence to support that like emails, chats, videos, receipts, i am even recording our voice calls and i have a lot that, but im not so sure about it now, what if the CO tells me the same thing? that's its "unreasonable and too quick?"

i just dont know what to do... any advice will definitely be appreciated... thanks...

it seems like there are so many member on this site who have the similar situation

i have a similar situation like u and Ric and i don't know if they will deny me or what ?

Egyptian Pharaoh

you are in my prayers

and please pray for me cause i will deal with the worse embassy in the world the clean version of hell ( USA embassy in Cairo ) :crying:

[mikeuday19 0]

i am definitely going to pray for us, and for those who have the same situation like ours,

i just cant help but laugh when you said this "i will deal with the worse embassy in the world the clean version of hell ( USA embassy in Cairo )"

i just hope that this post will get some response because we really need some good advice...

[Egyptian Pharaoh 0]

i am definitely going to pray for us, and for those who have the same situation like ours,

i just cant help but laugh when you said this "i will deal with the worse embassy in the world the clean version of hell ( USA embassy in Cairo )"

i just hope that this post will get some response because we really need some good advice...

another guy has the same situation like us

MikeandUday808

i am definitely going to pray for us, and for those who have the same situation like ours,

i just cant help but laugh when you said this "i will deal with the worse embassy in the world the clean version of hell ( USA embassy in Cairo )"

i just hope that this post will get some response because we really need some good advice...

yeah i know its funny i saw someone from egy says that about the usa embassy in cairo and i like it so i think i will keep call it the clean version of hell lol

[mikeuday19 0]

that MikeandUday808 is my husband, hehehe, you see, he is worried too, oh i wish we know what to do....

[Ric Altman 0]

that MikeandUday808 is my husband, hehehe, you see, he is worried too, oh i wish we know what to do....

These interviews and decisions apparently can be very arbitrary and much depends on the mood of the interviewer. Be organized and have everything you can for documentation.

Here is some stuff off http://www.ilw.com/articles/2006,0323-ellis.shtm

If they would only adhere to their own directives.

… “6. In adjudicating visa cases involving petitions, posts should bear in mind three important factors: A. the consular officer's role in the petition process is to determine if there is substantial evidence relevant to petition validity not previously considered by DHS, and not to merely readjudicate the petition; B. the memo supporting the petition return must clearly show the factual and concrete reasons for recommending revocation (observations made by the consular officer cannot be conclusive, speculative, equivocal or irrelevant) and; C. consular officers must provide to the applicant in writing as full an explanation as possible of the legal and factual basis for the visa denial and petition return. Post must maintain a copy of the returned petition, other evidence relevant to the case, and a copy of the written notification of the denial.

No readjudication of petitions

7. In general, an approved petition will be considered by consular officers as prima facie evidence that the requirements for classification - which are examined in the petition process - have been met. Where Congress has placed responsibility and authority with DHS to determine whether the requirements for status which are examined in the petition process have been met, consular officers do not have the authority to question the approval of petitions without specific evidence, generally unavailable to DHS at the time of petition approval, that the beneficiary may not be entitled to status (see 9 FAM 41.53, Note 2, 41.54 Note 3.2-2, 41.55 Note 8, 41.56 Note 10, 41.57 Note 6, and 42.43 Note 2) due to fraud, changes in circumstances or clear error on the part of DHS in approving the petition. Conoffs should not assume that a petition should be revoked simply because they would have reached a different decision if adjudicating the petition. …”

What does that language mean? It means an approved petition is prima facie evidence of eligibility for an immigrant visa, unless a consular officer finds substantial evidence of ineligibility. More importantly, this evidence must have been unknown and unavailable to DHS at the time it approved the petition.

Also, 2 and 7 might have applied:

On the petitioner’s side, here is a brief and, by no means, complete list of reasons I have seen used to justify the return of family-based IV petitions and K petitions to DHS.

1. A very brief courtship followed by a plunge into matrimony;

2. A marriage ceremony arranged only a short time after petitioner arrives in the beneficiary’s country and they meet for the first time;

3. No common language;

4. Petitioner resides with family members of the beneficiary in the US;

5. Petitioner is employed by or has a business relationship with a relative of beneficiary;

6. Petitioner submits phone records that show he uses a residential phone number that is listed in the name of another person.

7. US divorce followed very quickly by an engagement to foreign beneficiary is often a red flag for consular officers.

8. There is little or no documentary evidence of the relationship prior to the actual engagement.

9. Long gaps of time between the petitioner & beneficiary being together in person.

10. Failure to disclose previous marriages;

11. Failure to disclose previous petitions filed on behalf of other beneficiaries.

[KimandRuss 0]

As long as you were both free to marry at the time you filed the petition and can prove that you have seen each other in the last two years, how you met and whether your SO was legally married at the time or not has little significance in the process.

That being said, at some of the higher fraud Consualtes they MIGHT take the fact that he was still legally married into consideration when trying to justify whether or not this is a bonafide relationship. At some Consulates they almost look for things... guilty until proven innocent, you know?

I doubt Manilla will be a problem but you'll probably want to ask in the PI forum. Egypt, I have no idea but asking the MENA folks would probably give you a clearer answer.

good luck.

oh and for the record, I've known Russell for 10 years....we've lived together a couple of those years ...and my divorce was only final in April of this year. I think most people understand that a marriage can be over long before it's considered 'final'.

I'm going to move this to the general discussion area where you will perhaps get.... well, more discussion!

(mbk)

[mikeuday19 0]

hi kim, thank you so much, i guess i really dont have to worry a bit because we are both free to marry at the time we filed the petition, and besides we have ample evidence that will support our ongoing relationship, whew! what a relief...

i have gone through the feedback for USEM and most of them said that the interview was a easy, so i guess you're right about the USEM,

and you've known Russell for 10 years????? wow, that was long, me and mike have been dating for 13 months now and we just cant wait to be together, i hope this wont be a problem during my interview...

As long as you were both free to marry at the time you filed the petition and can prove that you have seen each other in the last two years, how you met and whether your SO was legally married at the time or not has little significance in the process.

That being said, at some of the higher fraud Consualtes they MIGHT take the fact that he was still legally married into consideration when trying to justify whether or not this is a bonafide relationship. At some Consulates they almost look for things... guilty until proven innocent, you know?

I doubt Manilla will be a problem but you'll probably want to ask in the PI forum. Egypt, I have no idea but asking the MENA folks would probably give you a clearer answer.

good luck.

oh and for the record, I've known Russell for 10 years....we've lived together a couple of those years ...and my divorce was only final in April of this year. I think most people understand that a marriage can be over long before it's considered 'final'.

I'm going to move this to the general discussion area where you will perhaps get.... well, more discussion!

(mbk)

[KimandRuss 0]

You might just make yourself sick worrying so much.

Of course, everybody's case is different but Manilla seems a pretty smooth process for the most part. Have you been to the PI forum? Do yourself a favor and read the sticky at the top from Sherrif Uling. He spells out the whole K1 process in Manilla for you.

good luck

[mikeuday19 0]

you know what? you're right, sometimes it just depends on the mood of the interviewer, i heard some stories about that, oh boy....

that MikeandUday808 is my husband, hehehe, you see, he is worried too, oh i wish we know what to do....

These interviews and decisions apparently can be very arbitrary and much depends on the mood of the interviewer. Be organized and have everything you can for documentation.

Here is some stuff off http://www.ilw.com/articles/2006,0323-ellis.shtm

If they would only adhere to their own directives.

… “6. In adjudicating visa cases involving petitions, posts should bear in mind three important factors: A. the consular officer's role in the petition process is to determine if there is substantial evidence relevant to petition validity not previously considered by DHS, and not to merely readjudicate the petition; B. the memo supporting the petition return must clearly show the factual and concrete reasons for recommending revocation (observations made by the consular officer cannot be conclusive, speculative, equivocal or irrelevant) and; C. consular officers must provide to the applicant in writing as full an explanation as possible of the legal and factual basis for the visa denial and petition return. Post must maintain a copy of the returned petition, other evidence relevant to the case, and a copy of the written notification of the denial.

No readjudication of petitions

7. In general, an approved petition will be considered by consular officers as prima facie evidence that the requirements for classification - which are examined in the petition process - have been met. Where Congress has placed responsibility and authority with DHS to determine whether the requirements for status which are examined in the petition process have been met, consular officers do not have the authority to question the approval of petitions without specific evidence, generally unavailable to DHS at the time of petition approval, that the beneficiary may not be entitled to status (see 9 FAM 41.53, Note 2, 41.54 Note 3.2-2, 41.55 Note 8, 41.56 Note 10, 41.57 Note 6, and 42.43 Note 2) due to fraud, changes in circumstances or clear error on the part of DHS in approving the petition. Conoffs should not assume that a petition should be revoked simply because they would have reached a different decision if adjudicating the petition. …”

What does that language mean? It means an approved petition is prima facie evidence of eligibility for an immigrant visa, unless a consular officer finds substantial evidence of ineligibility. More importantly, this evidence must have been unknown and unavailable to DHS at the time it approved the petition.

Also, 2 and 7 might have applied:

On the petitioner’s side, here is a brief and, by no means, complete list of reasons I have seen used to justify the return of family-based IV petitions and K petitions to DHS.

1. A very brief courtship followed by a plunge into matrimony;

2. A marriage ceremony arranged only a short time after petitioner arrives in the beneficiary’s country and they meet for the first time;

3. No common language;

4. Petitioner resides with family members of the beneficiary in the US;

5. Petitioner is employed by or has a business relationship with a relative of beneficiary;

6. Petitioner submits phone records that show he uses a residential phone number that is listed in the name of another person.

7. US divorce followed very quickly by an engagement to foreign beneficiary is often a red flag for consular officers.

8. There is little or no documentary evidence of the relationship prior to the actual engagement.

9. Long gaps of time between the petitioner & beneficiary being together in person.

10. Failure to disclose previous marriages;

11. Failure to disclose previous petitions filed on behalf of other beneficiaries.

[sara..... 371]

i hope this post helps some of u.......my elder sis was married for ten years but had not lived with her husband for the last three years of their marraige.......she met her egyptian husband filed for divorce from her first husband......when to egypt three months later and married her egyptian husband they were approved in the cairo embassy with out a problem......

[Tsup2 0]

I met my spouse online while I was waiting for my divorce to process. I think what is important is that you present alot of evidence of your relationship (letters, emails, phone records, chat logs, pictures etc) to the Consular Officer. There are many people who have been successful in getting a visa that share your circumstances.