K-3 petition denied last Sept 29, 2008

[steveee 0]

We filed for I-130 last january 14, 2007 and it was approved we followed with I-129F for K-3 and it was approved too, i got my interview last july 9, 2008 but after the several interviews and documents verification the final decision was that im not eligible to have a visa, " due to we cant proved that our marraige was bonafide and its only for immigration purposes" thats not true!!! maybe because where not able to report our marriage at Phil. consulate and i remain my maiden name on our petition? but after the decision when i got the formal information with the CO she told me that where going to appeal at the US but we dont where and how.... do we need to call NVC? or where going to send an appeal letter because my husband sent an email already at NVCINQUIRY.GOV but there's any other way which more faster and accurate procedure? pleeeeeaaaaassssseeeee help us.........

[ninjarocket 1]

What to do depends on where your application now resides. Is it still at the USEM or was it sent back to USCIS? That often happens after the visa is denied outright.

In principal you could have taken action to have the case kept at the consulate where you can continue to fight, but this needs intervention from your US petitioner, congressman etc..

If it was sent back to USCIS the applications may expire. If that's the case you would have no choice but to submit new petitions and provide much better evidence for a bonafide relationship than you did last time. Without knowing any details it's impossible for us to tell what might have caused your denial.

We filed for I-130 last january 14, 2007 and it was approved we followed with I-129F for K-3 and it was approved too, i got my interview last july 9, 2008 but after the several interviews and documents verification the final decision was that im not eligible to have a visa, " due to we cant proved that our marraige was bonafide and its only for immigration purposes" thats not true!!! maybe because where not able to report our marriage at Phil. consulate and i remain my maiden name on our petition? but after the decision when i got the formal information with the CO she told me that where going to appeal at the US but we dont where and how.... do we need to call NVC? or where going to send an appeal letter because my husband sent an email already at NVCINQUIRY.GOV but there's any other way which more faster and accurate procedure? pleeeeeaaaaassssseeeee help us.........

[steveee 0]

What to do depends on where your application now resides. Is it still at the USEM or was it sent back to USCIS? That often happens after the visa is denied outright.

In principal you could have taken action to have the case kept at the consulate where you can continue to fight, but this needs intervention from your US petitioner, congressman etc..

If it was sent back to USCIS the applications may expire. If that's the case you would have no choice but to submit new petitions and provide much better evidence for a bonafide relationship than you did last time. Without knowing any details it's impossible for us to tell what might have caused your denial.

We filed for I-130 last january 14, 2007 and it was approved we followed with I-129F for K-3 and it was approved too, i got my interview last july 9, 2008 but after the several interviews and documents verification the final decision was that im not eligible to have a visa, " due to we cant proved that our marraige was bonafide and its only for immigration purposes" thats not true!!! maybe because where not able to report our marriage at Phil. consulate and i remain my maiden name on our petition? but after the decision when i got the formal information with the CO she told me that where going to appeal at the US but we dont where and how.... do we need to call NVC? or where going to send an appeal letter because my husband sent an email already at NVCINQUIRY.GOV but there's any other way which more faster and accurate procedure? pleeeeeaaaaassssseeeee help us.........

Thanks for the reply, the CO told me that the petition will be sent back to the US and it will be revoke soon, so it means after the petition nulled or void we can still apply for a new petition? im really confuse becuase my husband inquire in an immigration lawyer but the lawyer told him no appeal to fix the case instead where going to file for I-824 im confuse it seems like the lawyer makes it more complicated, but the CO is the one who told me that i can able to appeal at the US, sombody knows where to find the link for denied K-3 visa or where to find the exact procedure after the denial of K-3 visa? thanks so much again....

[Completely 3]

What to do depends on where your application now resides. Is it still at the USEM or was it sent back to USCIS? That often happens after the visa is denied outright.

In principal you could have taken action to have the case kept at the consulate where you can continue to fight, but this needs intervention from your US petitioner, congressman etc..

If it was sent back to USCIS the applications may expire. If that's the case you would have no choice but to submit new petitions and provide much better evidence for a bonafide relationship than you did last time. Without knowing any details it's impossible for us to tell what might have caused your denial.

We filed for I-130 last january 14, 2007 and it was approved we followed with I-129F for K-3 and it was approved too, i got my interview last july 9, 2008 but after the several interviews and documents verification the final decision was that im not eligible to have a visa, " due to we cant proved that our marraige was bonafide and its only for immigration purposes" thats not true!!! maybe because where not able to report our marriage at Phil. consulate and i remain my maiden name on our petition? but after the decision when i got the formal information with the CO she told me that where going to appeal at the US but we dont where and how.... do we need to call NVC? or where going to send an appeal letter because my husband sent an email already at NVCINQUIRY.GOV but there's any other way which more faster and accurate procedure? pleeeeeaaaaassssseeeee help us.........

Im sorry but I am wondering why your petition got denied..

How long have you been married? How long have you been together? Do you have any pictures or proof that you guys get married?

Thanks for the reply, the CO told me that the petition will be sent back to the US and it will be revoke soon, so it means after the petition nulled or void we can still apply for a new petition? im really confuse becuase my husband inquire in an immigration lawyer but the lawyer told him no appeal to fix the case instead where going to file for I-824 im confuse it seems like the lawyer makes it more complicated, but the CO is the one who told me that i can able to appeal at the US, sombody knows where to find the link for denied K-3 visa or where to find the exact procedure after the denial of K-3 visa? thanks so much again....

What to do depends on where your application now resides. Is it still at the USEM or was it sent back to USCIS? That often happens after the visa is denied outright.

In principal you could have taken action to have the case kept at the consulate where you can continue to fight, but this needs intervention from your US petitioner, congressman etc..

If it was sent back to USCIS the applications may expire. If that's the case you would have no choice but to submit new petitions and provide much better evidence for a bonafide relationship than you did last time. Without knowing any details it's impossible for us to tell what might have caused your denial.

We filed for I-130 last january 14, 2007 and it was approved we followed with I-129F for K-3 and it was approved too, i got my interview last july 9, 2008 but after the several interviews and documents verification the final decision was that im not eligible to have a visa, " due to we cant proved that our marraige was bonafide and its only for immigration purposes" thats not true!!! maybe because where not able to report our marriage at Phil. consulate and i remain my maiden name on our petition? but after the decision when i got the formal information with the CO she told me that where going to appeal at the US but we dont where and how.... do we need to call NVC? or where going to send an appeal letter because my husband sent an email already at NVCINQUIRY.GOV but there's any other way which more faster and accurate procedure? pleeeeeaaaaassssseeeee help us.........

Thanks for the reply, the CO told me that the petition will be sent back to the US and it will be revoke soon, so it means after the petition nulled or void we can still apply for a new petition? im really confuse becuase my husband inquire in an immigration lawyer but the lawyer told him no appeal to fix the case instead where going to file for I-824 im confuse it seems like the lawyer makes it more complicated, but the CO is the one who told me that i can able to appeal at the US, sombody knows where to find the link for denied K-3 visa or where to find the exact procedure after the denial of K-3 visa? thanks so much again....

Im sorry but I am wondering why your petition got denied..

How long have you been married? How long have you been together? Do you have any pictures or proof that you guys get married?

[steveee 0]

What to do depends on where your application now resides. Is it still at the USEM or was it sent back to USCIS? That often happens after the visa is denied outright.

In principal you could have taken action to have the case kept at the consulate where you can continue to fight, but this needs intervention from your US petitioner, congressman etc..

If it was sent back to USCIS the applications may expire. If that's the case you would have no choice but to submit new petitions and provide much better evidence for a bonafide relationship than you did last time. Without knowing any details it's impossible for us to tell what might have caused your denial.

We filed for I-130 last january 14, 2007 and it was approved we followed with I-129F for K-3 and it was approved too, i got my interview last july 9, 2008 but after the several interviews and documents verification the final decision was that im not eligible to have a visa, " due to we cant proved that our marraige was bonafide and its only for immigration purposes" thats not true!!! maybe because where not able to report our marriage at Phil. consulate and i remain my maiden name on our petition? but after the decision when i got the formal information with the CO she told me that where going to appeal at the US but we dont where and how.... do we need to call NVC? or where going to send an appeal letter because my husband sent an email already at NVCINQUIRY.GOV but there's any other way which more faster and accurate procedure? pleeeeeaaaaassssseeeee help us.........

Im sorry but I am wondering why your petition got denied..

How long have you been married? How long have you been together? Do you have any pictures or proof that you guys get married?

Thanks for the reply, the CO told me that the petition will be sent back to the US and it will be revoke soon, so it means after the petition nulled or void we can still apply for a new petition? im really confuse becuase my husband inquire in an immigration lawyer but the lawyer told him no appeal to fix the case instead where going to file for I-824 im confuse it seems like the lawyer makes it more complicated, but the CO is the one who told me that i can able to appeal at the US, sombody knows where to find the link for denied K-3 visa or where to find the exact procedure after the denial of K-3 visa? thanks so much again....

What to do depends on where your application now resides. Is it still at the USEM or was it sent back to USCIS? That often happens after the visa is denied outright.

In principal you could have taken action to have the case kept at the consulate where you can continue to fight, but this needs intervention from your US petitioner, congressman etc..

If it was sent back to USCIS the applications may expire. If that's the case you would have no choice but to submit new petitions and provide much better evidence for a bonafide relationship than you did last time. Without knowing any details it's impossible for us to tell what might have caused your denial.

We filed for I-130 last january 14, 2007 and it was approved we followed with I-129F for K-3 and it was approved too, i got my interview last july 9, 2008 but after the several interviews and documents verification the final decision was that im not eligible to have a visa, " due to we cant proved that our marraige was bonafide and its only for immigration purposes" thats not true!!! maybe because where not able to report our marriage at Phil. consulate and i remain my maiden name on our petition? but after the decision when i got the formal information with the CO she told me that where going to appeal at the US but we dont where and how.... do we need to call NVC? or where going to send an appeal letter because my husband sent an email already at NVCINQUIRY.GOV but there's any other way which more faster and accurate procedure? pleeeeeaaaaassssseeeee help us.........

Thanks for the reply, the CO told me that the petition will be sent back to the US and it will be revoke soon, so it means after the petition nulled or void we can still apply for a new petition? im really confuse becuase my husband inquire in an immigration lawyer but the lawyer told him no appeal to fix the case instead where going to file for I-824 im confuse it seems like the lawyer makes it more complicated, but the CO is the one who told me that i can able to appeal at the US, sombody knows where to find the link for denied K-3 visa or where to find the exact procedure after the denial of K-3 visa? thanks so much again....

Im sorry but I am wondering why your petition got denied..

How long have you been married? How long have you been together? Do you have any pictures or proof that you guys get married?

We got married last Dec 21, 2007 in the US and i got home january 13, 2008 becuase i need to exit the US, we have pictures there's a lot, maybe becuase im using my maiden name and we file our taxes separate? and his tax return last year was quite low but right now his earning 50+ a year, and we forgot to report our marriage to the consulate because where running out of time.

[LastChance 0]

They have to tell you in writing why they denied you. What made them think that its for immigration purpose? They can nt just deny you just because they "think" the relationship is not true. There should At any rate, you would go through the anti fraud unit and they have to consult in Washington. Doing an appeal takes months or sometimes years. I sometimes wonder if its much better to re file?

[MaxOnline 0]

was he married b4? if yes how long he remained single before meeting you? were you married before? how long you remained single till you met your new spouse?

[steveee 0]

They have to tell you in writing why they denied you. What made them think that its for immigration purpose? They can nt just deny you just because they "think" the relationship is not true. There should At any rate, you would go through the anti fraud unit and they have to consult in Washington. Doing an appeal takes months or sometimes years. I sometimes wonder if its much better to re file?

thanks you, they send me a refusal letter saying that im not eligible for K-3 visa because the documents that we provide cant proved that our marriage was bonafide, instead it was only for immigration purposes, im pretty sure that because of our documents presented is not sufficient enough i dont have the copy of our marriage contract from NSO and im using my maiden name on the peition, im thinking also maybe its much better to refile and instead of K-3 maybe we can use the IR1/CR1, and then my husband inquire to an immigration lawyer he said that we need to file for I-824 i dont know what is that im really confuse....

[steveee 0]

was he married b4? if yes how long he remained single before meeting you? were you married before? how long you remained single till you met your new spouse?

Were both never been married, but i came to the US for K-1 visa but i was not able to marry my first fiance because his violent, until such time i met this person and i fell in love with him and he does too, its because i really need to exit at the US he decided to marry me before i leave in the US, so that he can petition for me and evertyhing goes smoothly until my interview date came, the CO told me to have another interview after that, and i been through several interview and it takes almost 2 months till i received the letter saying that im not ilegible to have the visa the " reason is we present insufficient proof or documents that cant proved that our marriage was bonafie" and there is note at the bottom saying that, instead for immigration purposes only....but there's nothing stated that im barred or something and also the CO who gave me the final decision told me to appeal at the US because there going to return the petition in the US to revoke...

[pushbrk 12,892]

was he married b4? if yes how long he remained single before meeting you? were you married before? how long you remained single till you met your new spouse?

Were both never been married, but i came to the US for K-1 visa but i was not able to marry my first fiance because his violent, until such time i met this person and i fell in love with him and he does too, its because i really need to exit at the US he decided to marry me before i leave in the US, so that he can petition for me and evertyhing goes smoothly until my interview date came, the CO told me to have another interview after that, and i been through several interview and it takes almost 2 months till i received the letter saying that im not ilegible to have the visa the " reason is we present insufficient proof or documents that cant proved that our marriage was bonafie" and there is note at the bottom saying that, instead for immigration purposes only....but there's nothing stated that im barred or something and also the CO who gave me the final decision told me to appeal at the US because there going to return the petition in the US to revoke...

Now the real story comes out. You came to the USA on a K1 visa. During the 90 days you decided not to marry the petitioner. Instead you married another US Citizen and married him. You left on time and went through the K3 process.

It is understandable to conclude the marriage was for immigration benefit only, since within a 90 day period, you broke up a supposedly bona fide relationship, started and new one and married. I understand there were good reasons for not marrying the original petitioner but surely you understand how this looks to an immigration officer. Did your now husband ever visit you in the PI during the process? How many times? What kind of evidence do you actually have to show your relationship is bona fide, not just that your marriage was legal?

[LastChance 0]

I was trying to look for the thread about this case somewhat similar to yours. She was asked to come back for second interview. The story goes like this...

She entered US using K1 visa. But when she was there, she did not see her fiancee (the one who petitioned her), did not marry the fiancee and ended up maximizing her 90-day stay. She stayed with the Aunt. Then she met someone else. But the difference was they did not get married. She went back to Philippines and her new boyfriend filed K1 petition for her. She said she had a hard time during her interview. The consul accused her of using K1 visa to go to US so she can work there. In short, it was for immigration purpose. She was asked to come back for another interview. I wonder where she is now...no news or update from her.

[steveee 0]

was he married b4? if yes how long he remained single before meeting you? were you married before? how long you remained single till you met your new spouse?

Were both never been married, but i came to the US for K-1 visa but i was not able to marry my first fiance because his violent, until such time i met this person and i fell in love with him and he does too, its because i really need to exit at the US he decided to marry me before i leave in the US, so that he can petition for me and evertyhing goes smoothly until my interview date came, the CO told me to have another interview after that, and i been through several interview and it takes almost 2 months till i received the letter saying that im not ilegible to have the visa the " reason is we present insufficient proof or documents that cant proved that our marriage was bonafie" and there is note at the bottom saying that, instead for immigration purposes only....but there's nothing stated that im barred or something and also the CO who gave me the final decision told me to appeal at the US because there going to return the petition in the US to revoke...

Now the real story comes out. You came to the USA on a K1 visa. During the 90 days you decided not to marry the petitioner. Instead you married another US Citizen and married him. You left on time and went through the K3 process.

It is understandable to conclude the marriage was for immigration benefit only, since within a 90 day period, you broke up a supposedly bona fide relationship, started and new one and married. I understand there were good reasons for not marrying the original petitioner but surely you understand how this looks to an immigration officer. Did your now husband ever visit you in the PI during the process? How many times? What kind of evidence do you actually have to show your relationship is bona fide, not just that your marriage was legal?

Actually i told everything to the CO during several interviews, and he said that the previous petition was over and done, there concern was my present marriage, later i understand that maybe because of our documents presented was not sufficient to proved and its like where unprepared, at the same time the CO question about his income tax previously, why i remain my maiden name, theres a lot of questions, maybe because we dont have any idea about the process and where both never been married, he just started his teaching job last aug 2008 so he was not able to visit me yet, the CO told me im here in the Phil and not staying in the US is good, she just told me to appeal, but i dont know if possible that we can refile after the petition revoke? at least at this time ived learn a lot from VJ and we can prepare more sufficient evidence about our marriage, thanks for the message...

[steveee 0]

I was trying to look for the thread about this case somewhat similar to yours. She was asked to come back for second interview. The story goes like this...

She entered US using K1 visa. But when she was there, she did not see her fiancee (the one who petitioned her), did not marry the fiancee and ended up maximizing her 90-day stay. She stayed with the Aunt. Then she met someone else. But the difference was they did not get married. She went back to Philippines and her new boyfriend filed K1 petition for her. She said she had a hard time during her interview. The consul accused her of using K1 visa to go to US so she can work there. In short, it was for immigration purpose. She was asked to come back for another interview. I wonder where she is now...no news or update from her.

Actually for me we consulted the immigration lawyer before we got married, maybe the reason why i got denied due to the documents presented, as far as i know K-1 is for 1 entry only...

[pushbrk 12,892]

was he married b4? if yes how long he remained single before meeting you? were you married before? how long you remained single till you met your new spouse?

Were both never been married, but i came to the US for K-1 visa but i was not able to marry my first fiance because his violent, until such time i met this person and i fell in love with him and he does too, its because i really need to exit at the US he decided to marry me before i leave in the US, so that he can petition for me and evertyhing goes smoothly until my interview date came, the CO told me to have another interview after that, and i been through several interview and it takes almost 2 months till i received the letter saying that im not ilegible to have the visa the " reason is we present insufficient proof or documents that cant proved that our marriage was bonafie" and there is note at the bottom saying that, instead for immigration purposes only....but there's nothing stated that im barred or something and also the CO who gave me the final decision told me to appeal at the US because there going to return the petition in the US to revoke...

Now the real story comes out. You came to the USA on a K1 visa. During the 90 days you decided not to marry the petitioner. Instead you married another US Citizen and married him. You left on time and went through the K3 process.

It is understandable to conclude the marriage was for immigration benefit only, since within a 90 day period, you broke up a supposedly bona fide relationship, started and new one and married. I understand there were good reasons for not marrying the original petitioner but surely you understand how this looks to an immigration officer. Did your now husband ever visit you in the PI during the process? How many times? What kind of evidence do you actually have to show your relationship is bona fide, not just that your marriage was legal?

Actually i told everything to the CO during several interviews, and he said that the previous petition was over and done, there concern was my present marriage, later i understand that maybe because of our documents presented was not sufficient to proved and its like where unprepared, at the same time the CO question about his income tax previously, why i remain my maiden name, theres a lot of questions, maybe because we dont have any idea about the process and where both never been married, he just started his teaching job last aug 2008 so he was not able to visit me yet, the CO told me im here in the Phil and not staying in the US is good, she just told me to appeal, but i dont know if possible that we can refile after the petition revoke? at least at this time ived learn a lot from VJ and we can prepare more sufficient evidence about our marriage, thanks for the message...

Frankly, I don't think an appeal would get a different result but I could certainly be wrong. You need to start living like married people, including him visiting you in the PI, changing your name as is customary in your country and filing a joint tax return. A short rebound relationship with no visits after the marriage just isn't likely to convince most reasonable people that your marriage relationship is for more than immigration purposes.

[LastChance 0]

was he married b4? if yes how long he remained single before meeting you? were you married before? how long you remained single till you met your new spouse?

Were both never been married, but i came to the US for K-1 visa but i was not able to marry my first fiance because his violent, until such time i met this person and i fell in love with him and he does too, its because i really need to exit at the US he decided to marry me before i leave in the US, so that he can petition for me and evertyhing goes smoothly until my interview date came, the CO told me to have another interview after that, and i been through several interview and it takes almost 2 months till i received the letter saying that im not ilegible to have the visa the " reason is we present insufficient proof or documents that cant proved that our marriage was bonafie" and there is note at the bottom saying that, instead for immigration purposes only....but there's nothing stated that im barred or something and also the CO who gave me the final decision told me to appeal at the US because there going to return the petition in the US to revoke...

Now the real story comes out. You came to the USA on a K1 visa. During the 90 days you decided not to marry the petitioner. Instead you married another US Citizen and married him. You left on time and went through the K3 process.

It is understandable to conclude the marriage was for immigration benefit only, since within a 90 day period, you broke up a supposedly bona fide relationship, started and new one and married. I understand there were good reasons for not marrying the original petitioner but surely you understand how this looks to an immigration officer. Did your now husband ever visit you in the PI during the process? How many times? What kind of evidence do you actually have to show your relationship is bona fide, not just that your marriage was legal?

Actually i told everything to the CO during several interviews, and he said that the previous petition was over and done, there concern was my present marriage, later i understand that maybe because of our documents presented was not sufficient to proved and its like where unprepared, at the same time the CO question about his income tax previously, why i remain my maiden name, theres a lot of questions, maybe because we dont have any idea about the process and where both never been married, he just started his teaching job last aug 2008 so he was not able to visit me yet, the CO told me im here in the Phil and not staying in the US is good, she just told me to appeal, but i dont know if possible that we can refile after the petition revoke? at least at this time ived learn a lot from VJ and we can prepare more sufficient evidence about our marriage, thanks for the message...

Frankly, I don't think an appeal would get a different result but I could certainly be wrong. You need to start living like married people, including him visiting you in the PI, changing your name as is customary in your country and filing a joint tax return. A short rebound relationship with no visits after the marriage just isn't likely to convince most reasonable people that your marriage relationship is for more than immigration purposes.

So pushbrk, is it better to just re-file? How long does an appeal take?