Got denied on my interview b'coz of not having my decision yet at the court from my previous marriage

[GloriaLuvsMoto2 0]

[/size]First of all i just wanna say hello to anyone there! i just really need your opinion right now,

i am not lucky like the usually people who got there chance to have a visa...

My Problem is i have my previous marriage before and now i am waiting for my decisions to come this month... But the woman in consul whose interviewing me today she's was denying my papers... she never give me a consideration to wait my decision this month...

So i just wanna know what is the best way that i can do once i received my decision..b'coz the embassy didnt give me an instruction to what i do then

if ever i have my decision from the court... if am i going to apply for new application for petition? or am i going to send the copy of my decision to the USCIS or Appealing for my case.... they we're just told me once my previous marriage not terminated they will never give me a visa thats it...and returned my passport, so no clue about any instruction..

My boyfriend and i we both deppresed about this things happen to us..please kindly give us some advise ..ill wait for your kindly feedback and reply

Godbless all!!

thank you..

MadzandCarl

Lets wait till she comes back and give us more updates.. We may all speculate, wether its fraud or not, and give our comments about the issue. but in the end, its still them who can tell what really happened. So until then, Lets hope that they may find a solution to their situation.. either theyll be given a sanction or another chance (that we dont all know).. bec right now at this point, all they need is support and understanding... of which i believe VJ members are capable of giving.

[defunct 0]

"An annulment is a decree that a marriage was invalid from its outset. Whereas a divorce brings a valid marriage to an end, an annulment is a legal decree that effectively undoes the marriage, such that in the eyes of the law the marriage did not ever exist."

http://www.expertlaw.com/library/family_law/annulment.html

Given that definition what does someone who has an annulment claim on the forms? It confuses me.

Her problem it was not annulled in time for the interview. What she said in that interview is crucial. If she attempted to hide the marriage then she is in trouble. If she volunteered her confusion because the marriage was not annulled in time she was being truthful. She came her confused about what to do. She apparently didn't understand there was any fraud involved.

Where on the form does it mention annulment?

As you just quoted, an annulment undoes a marriage because it was not legally valid. However before it is annuled, it is still a marriage. If you're in the process of getting an annulment, you are currently legally married, so in this case there was fraud.

On the forms it would be considered a "termination of marriage" the same as the death of a spouse would be.

[faryan 4]

To be honest I am a bit annoyed now. How do you propose that support, understanding, guidance and all that be shown here that will satisfy your standard? Tone down you said? Put some smileys and thumbs up? I would have thought that sugarcoating the severity of the situation is not good in the long term for the couple. Insinuations that the rest who have views that is not what the OP might want to hear as being heartless or insensitive or with aim to scare people away is not constructive to the OP at all. But yeah, this is an open forum and the OP chose to post here and invite response, some to give direct opinions based on the info provided, some to hold OPs hands one way or another. If you watch American Idol, Im sure you have your own personal favourite judge. A Simon Cowell type or a Paula Abdul type.

OP, good luck On a more serious note, I sincerely hope that one way or the other you and your BF will find a way to be together and that your relationship withstand this trial. Please take all input and advise here seriously. You know what the CO at the embassy said. Anyways, honesty regarding your case to yourself and your BF is important at this stage, so that you can move with clarity.

BTW, english is my 3rd language. my apologies if whatever i said here is misunderstood by y'all or if i misunderstand anything

Edited February 7, 2009 by faryan

[Ana1988 0]

aww it's a long thread,where's the OP? :hehe: hope she come back its evening here in Philippines..

Edited February 7, 2009 by EnglishFamily

[usa_honey 0]

you should have waited for your decree first before you had your interview...if you receive it try to call the embassy if you can submit it to them and continue the case but i dont think that will work coz you are not really free when you filed so thats a hit.

next time be very careful so you wont go through this over and over again...waste of time, money and it kills you both softly from waiting and waiting and worrying. thats it.

even you get on time the decision from the court...you also need to make the annotation..register the annulment to nso and it takes also few weeks to do so...and worst we need document verification....they approved your petition because maybe when you fill up the forms...you put it there that you are annuled ....which is a lie....im afraid that you will have a problem next time if they found out this one....next time be careful...

[rebeccajo 14]

No lifetime bar. That is usually reserved for claiming to be a US Citizen.

Edited February 7, 2009 by rebeccajo

[sus 70]

i agree totally it was not the smartest thing to file for a k-3 visa before having all the documents in hand no doubt of that. My concern remains the judgmental way we are approaching this issue. we can be firm in our views without being so i hate to say lacking in compassion, but that is what i am seeing here. If she did commit fraud shame on her she will reep the results but I am also looking at other members that may have situations close to this that wont ask for advice for fear of being crucified. Sin i know you are correct in the content but what if we toned down the level?

AN OPEN MIND IS ONE READY TO SEE THE POSSIBLE! NO MATTER HOW IMPROBABLE IT MIGHT BE!!!!

Exactly my point, MMW - No one but the original poster knows exactly what was completed, and what happened - but the judgment and assumptions are rampant through this thread.

Let me give you another scenario - My own - because had I not know what I know about the process and the law, I would be in this exact position. When my fiance and I started talking about filing and gathering the documentation, I told him we needed a copy of his divorce decree. He gave me what he had - he was divorced in 2004 (he thought) - I work in the legal field (not immigration, typically), and I looked at it and realized it wasn't a final dissolution - it was the original process. He thought he was divorced - his ex had served him, he thought it was done - When we tried to get a copy of the decree, it turned out that she never did it - she just served him and dropped it. So he had to hire an attorney and file for the divorce, and we are still (somewhat impatiently) waiting for the decree. If I didn't understand the legal documents, I could easily have filed, put the date of the petition on there, and gone forward with this process, thinking yes, he was divorced. In fact, he wasn't and I would have been in this same situation - Without knowingly committing fraud.

I am not saying that what this person did is right / wrong / they knew they were committing fraud at the time or not - But the person could easily have filed for the annulment, not fully understood the legal process, and filed the K1 thinking the divorce was final - when it was approved, and they started gathering documents for the interview, they could have realized that they needed the final decree, and realized what happened.

There is also the possibility that she told her fiance it was complete and that he filed, thinking and trusting that it was =

The possibilities are endless, and we are supposed to be here to support each other and help each other = Not serve as judge and jury without all the facts. Isn't one of the biggest principles in America that you are innocent until proven guilty? If this thread is supposed to be here to guide future people = then try to guide them without accusations and bias --- Much of which is evident here.

[rmncm 0]

No OP yet...11 pages in 2 days....the Troll has been feed!

[stephenkaye 0]

OUCH

THAT HURTS!SORRY TO HEAR THAT

i am going through my annulment too but i make sure i do and get everything legalized before we file for a petition .it may cause problems during ur 2nd interview,cause of ur previous denial.

Just make sure u get everything done the second time around and make sure u know what to tell them when they ask why u got denied.

u need to get ur marriage cert annotated that ur marriage is already void and null.you will have to present that to the embassy during ur interview.and never lie about anything coz it would surely get u more into trouble.

Remember if u got everything they ask for then, there shoudn't be any probs. goodluck!

Edited February 7, 2009 by stephenkaye

[payxibka 10,045]

No OP yet...11 pages in 2 days....the Troll has been feed!

actually the OP was logged on about 2 hrs ago

[rebeccajo 14]

http://www.sptimes.com/2003/08/15/State/Pr...ilty_in_i.shtml

Even this dude didn't get a lifetime ban.

Mostly because you can't.

[rebeccajo 14]

http://www.ice.gov/pi/news/newsreleases/ar...0410chicago.htm

'Immigration fraud carries a maximum penalty of 25 years in prison and a $250,000 fine, and making false statements carries a maximum penalty of five years in prison and a $250,000 fine on each count. Sentencing for Knox is scheduled for May 17. Following the conclusion of the defendant's criminal proceedings, Knox will be placed into deportation proceedings.'

[payxibka 10,045]

http://www.sptimes.com/2003/08/15/State/Pr...ilty_in_i.shtml

Even this dude didn't get a lifetime ban.

Mostly because you can't.

It does not say what his immigration related result is/was ... only his criminal sentence

[rebeccajo 14]

http://www.sptimes.com/2003/08/15/State/Pr...ilty_in_i.shtml

Even this dude didn't get a lifetime ban.

Mostly because you can't.

It does not say what his immigration related result is/was ... only his criminal sentence

Read again.

Jubara, 43, faces a reduced sentence of several months in federal prison instead of the maximum five-year penalty he could receive on four counts of making false statements. He will be sentenced within three months.

Edited February 7, 2009 by rebeccajo

[faryan 4]

http://www.sptimes.com/2003/08/15/State/Pr...ilty_in_i.shtml

Even this dude didn't get a lifetime ban.

Mostly because you can't.

It does not say what his immigration related result is/was ... only his criminal sentence

Read again.

Jubara, 43, faces a reduced sentence of several months in federal prison instead of the maximum five-year penalty he could receive on four counts of making false statements. He will be sentenced within three months.

Wont prison time be much much worse than a ban to enter US/get visa of whatever length of time?