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

[Laura+Tom 2]

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.

Your situation was rather different.

[pushbrk 12,882]

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.

This is incorrect. The difference between their case and yours is they lied and you didn't. The difference in the result is an eventual visa in your case and a lifetime ban in their case. The lying makes all the difference.

[payxibka 10,045]

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?

If in fact there is a finding of ineligibility, applies across the board...

[Loolie 56]

wow...thank you for that genius answer....hehhehehe.. coz some here are giving answers that they think are true and correct.

Good luck madzcarl2008...dont give up ok just keep on fighting. God bless you.

[faryan 4]

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.

I dont think your case and the OP's case is the same, coz indeed she was married before and her annulment wasnt finalised before they file.

Anyhow, just curious, why would the courts issue your husband an annulment decree, when there's witness (a priest) that it wasnt your husband at all who is married? Im sorry that you guys went thru such hardship!

[MARM 7]

But I was wondering...

Once the USC files the petition for the fiance/fiancee or spouse with USCIS, ONLY the petitioner's background is checked at USCIS stage of the process? So the many months of waiting while USCIS makes their security or background checks, they are just completing checks on the petitioner and not the beneficiary? So when do they check the beneficiary's background? Not until the embassy/interview stage? What about NVC? What security checks or administrative processing are done at NVC?

I am just confused as to how the OP's petition got approved even though at the time of filing the petition, one was NOT free and able to marry. Doesn't USCIS check this stuff? They were fine until they reached the embassy/interview stage, why weren't they denied the petition at USCIS or held up at NVC for AP?

Edited February 6, 2009 by MARM

[Laura+Tom 2]

Probably because they never mentioned the divorce.

[payxibka 10,045]

But I was wondering...

Once the USC files the petition for the fiance/fiancee or spouse with USCIS, ONLY the petitioner's background is checked at USCIS stage of the process? So the many months of waiting while USCIS makes their security or background checks, they are just completing checks on the petitioner and not the beneficiary? So when do they check the beneficiary's background? Not until the embassy/interview stage? What about NVC? What security checks or administrative processing are done at NVC?

I am just confused as to how the OP's petition got approved even though at the time of filing the petition, one was NOT free and able to marry? Doesn't USCIS check this stuff?

As it relates to the PI, if they did do something then there would be no need to provide a "Certificate of No Marriage" or CENOMAR.

Each country has it own process and procedure... NVC simply is not capable of accessing all information particularly from a nother country who might not want to give the USA access to some databases.

[pushbrk 12,882]

But I was wondering...

Once the USC files the petition for the fiance/fiancee or spouse with USCIS, ONLY the petitioner's background is checked at USCIS stage of the process? So the many months of waiting while USCIS makes their security or background checks, they are just completing checks on the petitioner and not the beneficiary? So when do they check the beneficiary's background? Not until the embassy/interview stage? What about NVC? What security checks or administrative processing are done at NVC?

I am just confused as to how the OP's petition got approved even though at the time of filing the petition, one was NOT free and able to marry. Doesn't USCIS check this stuff? They were fine until they reached the embassy/interview stage, why weren't they denied the petition at USCIS or held up at NVC for AP?

Yes, the beneficiary's criminal records in the US are checked, then they must provide a police report to the Consulate at the interview stage.

USCIS accepts the information provided in the petition with regard to marital history and status. Then, in the PI specifically, a CENOMAR certifying "no marriage" status is required. The beneficiary couldn't produce the CENOMAR because she was still married. At that point it becomes clear that material facts were misrepresented in the petition.

I suspect they or just the petitioner thought since there would be an annulment, he could simply indicate the woman was never married. Big mistake.

Edited February 6, 2009 by pushbrk

[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.

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

Aren't you assuming you know more than you actually do? Did the OP say that they checked that they were divorced on their original petition? If the person stated that they were divorced, then yes, they lied and committed fraud - But until the OP comes back and states yes, they did that, or no - It just slipped through (something that can happen and does happen) - This entire thread is full of assumptions - Based on the judgmental tone of this thread, I would be surprised if the OP even came back - people make mistakes, it happens - But if we are here to HELP people than we need to remove the judgment - especially when the specific facts have been assumed by everyone here.

[Cacerez 19]

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

Aren't you assuming you know more than you actually do? Did the OP say that they checked that they were divorced on their original petition? If the person stated that they were divorced, then yes, they lied and committed fraud - But until the OP comes back and states yes, they did that, or no - It just slipped through (something that can happen and does happen) - This entire thread is full of assumptions - Based on the judgmental tone of this thread, I would be surprised if the OP even came back - people make mistakes, it happens - But if we are here to HELP people than we need to remove the judgment - especially when the specific facts have been assumed by everyone here.

But what could the mistake be when you have to put date of divorce/termination of marriage on the I-129F application and the G-325A (if I remember correctly, I think it was on both) and she did not and still does not yet have papers? What date did she put? Or else she acted like she was never married which is what it is...lying.

[luisymelanie 0]

All I can tell you is that I was told to not even begin a visa process until my divorce was final.

[/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

[sus 70]

But what could the mistake be when you have to put date of divorce/termination of marriage on the I-129F application and the G-325A (if I remember correctly, I think it was on both) and she did not and still does not yet have papers? What date did she put? Or else she acted like she was never married which is what it is...lying.

My point is - No one knows what she put - Or if she left it blank and it was overlooked - or what happened - It is being assumed that she lied - Who knows - Only the OP

[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.

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

Aren't you assuming you know more than you actually do? Did the OP say that they checked that they were divorced on their original petition? If the person stated that they were divorced, then yes, they lied and committed fraud - But until the OP comes back and states yes, they did that, or no - It just slipped through (something that can happen and does happen) - This entire thread is full of assumptions - Based on the judgmental tone of this thread, I would be surprised if the OP even came back - people make mistakes, it happens - But if we are here to HELP people than we need to remove the judgment - especially when the specific facts have been assumed by everyone here.

We don't know exactly what was on the I-129F, only that the marital status was misrepresented in sections 6 and 10 of the I-129F as well as in the letter(s) of intent. Otherwise the petition would never have been approved.

[Ontarkie 14,221]

Well since I'm assuming they either checked one of the boxes or left them all blank, by the time they made it to the point of pkg 3 she would of had to fill out more paper work stating when and how her previous marriage ended and all of her ex's info cause all that stuff is aked on the forms that you mail back to the consulate. And if i remember right it even asks if you are still married, how do you plan to be able to marry. So i find it very hard to believe that all the paper work the free to marry part never came into the picture.

I'm sorry but I really think they are out of luck.