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

[Cacerez 19]

@ OP

How exactly was question #6 - Part B (Marital Status [ ]Married [ ]Single [ ]Widowed [ ]Divorced) on the I-129f petition answered?

That's the first relevant section but then there's section 10 where former spouses and date marriage ended are stated. After that, there's the matter of the original statements indicating they are free to marry and will marry in the USA within 90 days of arrival.

I suspect this is one of those unfortunate misunderstandings, where the petitioner or couple thought, "Well she'll be free to marry before the visa is issued, so we'll just do this....." The unfortunate part is that the result is inadmissibility for misrepresentation.

That's how I'm wondering even if she stated that she was divorced/her marriage was annulled, assuming it would be clear by the date of the interview, what did she put for the date of divorce? I had to wait months for my papers before I filed and we had been separated for well past the time necessary to get a divorce. Unfortunate circumstances, dumb choices.

[Loolie 56]

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.

there is no next time. misrepresentation on immigration and visa forms is grounds for permanent bar on emigrating to the US. You do not lie on a government application hoping to be able to be truthful by the time they look at it.

-P

how about next time to other countries...

[Minya's wife 24]

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.

there is no next time. misrepresentation on immigration and visa forms is grounds for permanent bar on emigrating to the US. You do not lie on a government application hoping to be able to be truthful by the time they look at it.

-P

how about next time to other countries...

other countries may not have a lifetime ban on entry for lying on visa petitions.

[faryan 4]

we wont get any answers from the OP, as it was a Pinay and not the USC fiancee posting here, and she would probably be in bed by now (its 2.37am!)

[steveee 0]

Hi..

We are hoping to receive the devorse decree this month i was trying reseting my interview for 3x..

and i cant reset it on the date of my interview..so i was hoping and trying to get some instruction to what i can do,

but the sad thing is they denied me

I just wanna say thank you for the feedback... so if ever i file for another application for petition do i need to gathered again all

my documents b'coz the embassy took all my recent documents..so i have no new to add as evidence..

one more question is... is there any months or time line before you applying for another petition after you got denied? or you can apply the

new petition anytime?

tnx again!

Oh your suppose to get all the original documents that submitted to them so that you can use it for the next time, in my case when they return my passport i took all the original documents that i submitted to them..good luck refile after you received the annulment paper to proved that you are capable or free to marry somebody else...

[Chica Yeyé 41]

Hi..

We are hoping to receive the devorse decree this month i was trying reseting my interview for 3x..

and i cant reset it on the date of my interview..so i was hoping and trying to get some instruction to what i can do,

but the sad thing is they denied me

I just wanna say thank you for the feedback... so if ever i file for another application for petition do i need to gathered again all

my documents b'coz the embassy took all my recent documents..so i have no new to add as evidence..

one more question is... is there any months or time line before you applying for another petition after you got denied? or you can apply the

new petition anytime?

tnx again!

Oh your suppose to get all the original documents that submitted to them so that you can use it for the next time, in my case when they return my passport i took all the original documents that i submitted to them..good luck refile after you received the annulment paper to proved that you are capable or free to marry somebody else...

If they get a lifetime ban for misrepresentation; there is no "next time".

[Jasman0717 9]

Your only option is to file a new petition once your divorce is final - The criteria for the K1 clearly states that you have to be free and legally able to marry BEFORE you apply.

You must be legally able to marry upon filing the petition

[almaty 19]

Hi..

We are hoping to receive the devorse decree this month i was trying reseting my interview for 3x..

and i cant reset it on the date of my interview..so i was hoping and trying to get some instruction to what i can do,

but the sad thing is they denied me

I just wanna say thank you for the feedback... so if ever i file for another application for petition do i need to gathered again all

my documents b'coz the embassy took all my recent documents..so i have no new to add as evidence..

one more question is... is there any months or time line before you applying for another petition after you got denied? or you can apply the

new petition anytime?

tnx again!

Oh your suppose to get all the original documents that submitted to them so that you can use it for the next time, in my case when they return my passport i took all the original documents that i submitted to them..good luck refile after you received the annulment paper to proved that you are capable or free to marry somebody else...

If they get a lifetime ban for misrepresentation; there is no "next time".

wow, one of the most idiotic stupid things to do..you are luck, you have not yet married that dumb azz usc of yours...he knows, or if he can read, should know that the petiton was bullsh!t..

Edited February 6, 2009 by almaty

[sus 70]

Your only option is to file a new petition once your divorce is final - The criteria for the K1 clearly states that you have to be free and legally able to marry BEFORE you apply.

You must be legally able to marry upon filing the petition

Basically - you restated what I already stated, did you not? I wasn't thinking along the lines of what must have been checked on the initial petition, if you notice, that conversation came AFTER my post - It amazes me how nitpicky people can get on this board.

[pushbrk 12,882]

Your only option is to file a new petition once your divorce is final - The criteria for the K1 clearly states that you have to be free and legally able to marry BEFORE you apply.

You must be legally able to marry upon filing the petition

Basically - you restated what I already stated, did you not? I wasn't thinking along the lines of what must have been checked on the initial petition, if you notice, that conversation came AFTER my post - It amazes me how nitpicky people can get on this board.

Referring to filing a petition is not the same as referring to "apply" ing. This is a process where words mean things. The freedom to marry must precede filing a petition, not "applying for a visa". The two happen months apart. The only way we know what you are thinking is by the words you type.

[Minya's wife 24]

Your only option is to file a new petition once your divorce is final - The criteria for the K1 clearly states that you have to be free and legally able to marry BEFORE you apply.

You must be legally able to marry upon filing the petition

Basically - you restated what I already stated, did you not? I wasn't thinking along the lines of what must have been checked on the initial petition, if you notice, that conversation came AFTER my post - It amazes me how nitpicky people can get on this board.

And it amazes me how people think they know much more than they actually do. The bolded section of your initial post is incorrect. The OP, or anyone in said situation cannot file again...forever. This site is not just about helping those presently going through immigration, but 'future generations' as well.

Jasman was doing just that by stating a K-1 requirement a different way, for the sake of posterity...so anyone key-word searching the treads will be informed. Nothing wrong w/ that.

-P

[steveee 0]

I think what happened here is that the OP assumed that once she gets interviewed her annulment would be final so her petitioner took the risk of applying for K1. USCIS doesn't have a way of knowing whether the beneficiary have a pending annulment case or not. It is the Manila Embassy who can verify this as they require the beneficiary to submit a document indicating her legal capacity to marry and they verify that info to the National Statistics Office (similar to marriage index here in US).

Exactly!!! becuase in K-1 requirements it says if you have any previous marriage provide the divorce or annulment approval hand over to the pre-screening window at the embassy together with some other legal documents before the interview at the CO, she just assume that she can have the approval in hand before her interview thats a huge mistake....but hopefully she can reapply...

[pushbrk 12,882]

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

MazandCarl,

Unfortunately and for whatever reason, it appears you lied to USCIS on the petition and in any letters of intent. Sections 6 and 10 on the I-129F ask about marrital status of the beneficiary and former marriages and end dates respectively.

The result of such lies is a lifetime ban on the beneficiary entering the USA and there can also be penalties for the US Citizen. It's time for the two of you to sit down and have an honest discussion about your actions, mistakes or intentional and decide whether you'll be together in the PI or elsewhere because you appear to have killed any chance of being together in the USA.

[honey143 0]

I can answer everyones concerns! The approval here in the US is easy. They basically just looks at the papers given and may do a background check on the petitioner but they are not really checking the beneficiary, that is why u have an interview at the US embassy of the beneficiary's country. that's when they check everything about the beneficiary. It happened to us also but we did not lie or anything on the immigration form. My husband was not married ever but at the time of the interview, his CENOMAR in the Philippines showed up a marriage record so his VISA was not denied but put on administrative review. after 6 mos w/out hearing anything from the US embassy, i canceled the petition. to make story short, we had to go thru the annulment process even if it was identity theft. it's philippine law to go thru an annulment to get the marriage null and void. the court discovered w/ the priest as witness that it was not my husband that he married but a much older person using my husband's name. when the annulment decree was issued, we got married and so i re-petitioned for spousal visa.

so, u have to refile once ur annulment has been issued.

[faryan 4]

Just to throw this into the discussion, what happens if they decide to marry in PI. Would they be able to undertake K3 or will the fraudulent circumstances that made them denied their K1 also affect their K3 from being approved?