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

[Hell0W0rld 10]

[Sinergy 3]

wow...even if the annulment decree was in before the interview it would still be denied...as the annulment was dated AFTER the K1 was filed.

im wondering how ppl think they can get away with petitioning before legally being able to remarry.

[Tandamonaeh 0]

a friend of mine who had same wt ur case waited for d court decicion til she set for an interview bcoz its very clear n d instruction that b4 filing a K1 or b4 interview, both parties are free to get married. If the consul denied you then denial has a big diff from delaying of issuance of visa...but still prayers is d best weapon to touch God's heart. Good Luck

I dont get it... you friend filed for the k-1, then waited to scheudel an interview until after it was finalized?

were they approved?

Yes...she is now in Alabama...when her fiance applied for K1 that time, she intentionally not to include her form325A, so, she has no record at USCIS that time...but her laywer assured her that before the petition approved the annulment will be ok, so, before RFE received by her fiance, the result was already finalized in d court. She got approved May of 2007 at NVC, Consulate received d papers a week after, and 1 month before expiration of her NOA2 and thats on July of 2007, she called USEM to set an interview sched dated Sept 2007, a longer duration bcoz she was worried that time that NSO was not yet updated of d result of her annulmet case. The duration from USCIS approval-calling-set for interview date had a little bit longer gap, but shes fine now. Its only a matter of understanding on their instruction...

Cool.. but the only difference is that im sure your friends annulment is done and she was able to provide a annotated copy from NSO during the interview itself, In their case.. she went into interview with no Court decision yet.. and ofcourse, No annulment decree on hand to prove shes legally able to marry him.

Actually, they had same situation...applied K1 while annulment case still going on. What my friend did, she was not in a hurry for interview bcoz she knows that it might affect her visa...she set an interview when she knows that annulment result was almost there. If she (vj member) waited another month til she set her interview date, denial wont happened to her...bczo she said that she was supposed to received the result last month, only one problem arised only that took her not to received the result on time...if she set her sched months after, and not weeks from result of annulmet case as per promised is subject to be changed, denial will be far away from her.Anyway, theres still always a second chance and good luck to everyone's journey.

[scandal 951]

[/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

Well, I thought I'd toss my $0.02 in on this one as well.

Based upon the facts as we know them from OP, I would have to concur that things look very, very bad. It's pretty hard to see how they could have gotten through I-129F filing, and as far as interview stage, without materially concealing the inability to marry.

BUT. None of us have actually seen the documents they filed. And none of us know their state of mind (USC & Beneficiary) when they filed.

Here is a possible scenario that I can imagine whereby they may not have lied, and not be subject to the most severe penalties, and may still have an option to refile.

I don't know the annulment process in the Philippines. I know they don't have divorce there. Is it possible that the annulment is a multi stage process, in which you file papers to annul, receive perhaps some interim judgment or finding, and later receive a final edict. And, upon receiving the interim finding, if it could be construed as being sufficient for purpose of remarrying, or even if they THOUGHT AT THE TIME that it was sufficient for remarrying, then they could do the I-129F filing in a a state of mind believing that they were being truthful in stating that both were free to marry. Then, later, while the case was in processing, they learn that in fact they are still not done with the annulment. It doesn't change the fact that they had no intention to misrepresent when they filed I-129F. It certainly invalidates the application, but shouldn't bar them from trying again. That would presumably put them much closer to the case of the poster who was initially denied because of identity theft.

Anyway, I'm not saying that's what actually happened, I'm just saying it's a scenario consistent with the facts we have that may not mean a permanent ban. Hiring a good attorney to pursue such an angle may give them a ray of hope, presumably.

As an aside, have any of you looked at their timeline? Seems kind of odd to me. According to it, they filed I-129F last year, Feb 2008. They got NOA2, NVC approval, and Packet4 from embassy all lightning quick - within 2 months by April 2008. But then everything sat for an entire year until suddenly she had her interview this morning, presumably long after the I-129F had expired. All that oddity, combined with the story of the annulment that-never-was, is making me wonder if this whole story has more ghosts lurking in the shadows. Or, is it just a spoof to get us all riled up?

[Sinergy 3]

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.

True, and that is why no "boxes" are to be left blank. Negligent omission of pertinent fact ,when this information is specifically requested, is or could be easily classified as misrepresentation. Ignorance of the law is never a defense.

Misrepresentation defined:

an intentionally or sometimes negligently false representation made verbally, by conduct, or sometimes by nondisclosure or concealment and often for the purpose of deceiving, defrauding, or causing another to rely on it detrimentally.

In the end, it is not for us to decide, but the authorities whose job it is to administer US immigration law.

Also if the boxes were left blank...knowingly the annulment wasnt final...thats lieing and fraudulent...as well as lieing and saying the marriage was already annuled...either way...they lied.

[Sinergy 3]

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.

AGAIN...even if they purposly left that part blank...knowing the divorse was not final....ITS A LIE AND FRAUD....and yes...results in a LIFETIME BAN...no point in fighting it...or refile. And trust me...(for the bolded) she knows enough...we all know enough to say...either way they commited a lie which is fraud on their application and resulted in a denial. Even though USCIS didnt catch it...the consult was smart enough to deny it.

Id love to know what their hurry was...smells funny to me

Edited February 7, 2009 by Sinergy

[JSVP08 3]

wow! need i say more?

Edited February 7, 2009 by veepee

[Anna and Jeff 3]

What is the purpose of the interview? Isn't it to ensure everything on the forms was correctly entered, all the papers are there, the marriage/engagement is genuine. We are not lawyers and I personally have had a tax return which I thought was perfect come back with a question. Did I commit fraud because I misunderstood the wording on my 1040? She also has a language barrier to overcome although I would guess her fiance did more than just send in the papers.

I respect the advice given here I truly do think there is some jumping to conclusions here. We do not know what happened during the interview. Did she lie to the questions asked or did she volunteer that her divorce was not final asking what she should do? If she was questioning the proper procedures she had confusion which is quite different from deception. At least she doesn't belong to the MILF.

How does someone find out their fiance or wife is "banned for life" anyways?

[Sinergy 3]

It clearly states on the application to LIST ALL MARRIAGES AND DIVORCES WITH DATES!!! there is no misunderstanding that. You either enter it in correctly or you knowingly leave it blank bc you are afraid of a denial.

Not to mention it is the USC that fills out the application...not the fiance in another country. And i seriously doubt he misunderstood the instructions in that section.

Its already been admitted that they HOPED the divorse was final BEFORE the interview...therefore they petitioned for the K1 knowing one of them was not LEGAL to marry...therefore commiting visa fraud. And YES it is a lifetime ban. It can also be imprisonment and or a fine.

Edited February 7, 2009 by Sinergy

[rmncm 0]

If it smells like a troll....it must be a troll!

[Anna and Jeff 3]

It clearly states on the application to LIST ALL MARRIAGES AND DIVORCES WITH DATES!!! there is no misunderstanding that. You either enter it in correctly or you knowingly leave it blank bc you are afraid of a denial.

Not to mention it is the USC that fills out the application...not the fiance in another country. And i seriously doubt he misunderstood the instructions in that section.

Its already been admitted that they HOPED the divorse was final BEFORE the interview...therefore they petitioned for the K1 knowing one of them was not LEGAL to marry...therefore commiting visa fraud. And YES it is a lifetime ban. It can also be imprisonment and or a fine.

There is no need to get so emotional. You did not see her application and were not at the interview. You are filling in the blanks on her form and jumping to conclusions. What if she put down the marriage and said divorced thinking the requirement was to be divorced when the visa was issued. That is what someone else in this thread thought and was corrected.

I still have the question, how can she or her fiance find out if is now "banned for life"?

[gennyangel 3]

sad to hear though however you shouldnt have set any interview when you have something to deal with .......or your bf shouldnt have file petition when you have any pending case....

[rin and john 71]

OK, if the anullment was finished before the interview, perhaps a visa could be issued. Depends on the interpretation of anullment versus divorce.

An annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is retroactive: an annulled marriage is considered never to have existed. Therefore, if the anullment is complete and retroactive, she would have been free to marry at the time of the petition being filed. However, if the anullment was not complete by the interview date, then the petition was fraudulent.

[Sinergy 3]

It clearly states on the application to LIST ALL MARRIAGES AND DIVORCES WITH DATES!!! there is no misunderstanding that. You either enter it in correctly or you knowingly leave it blank bc you are afraid of a denial.

Not to mention it is the USC that fills out the application...not the fiance in another country. And i seriously doubt he misunderstood the instructions in that section.

Its already been admitted that they HOPED the divorse was final BEFORE the interview...therefore they petitioned for the K1 knowing one of them was not LEGAL to marry...therefore commiting visa fraud. And YES it is a lifetime ban. It can also be imprisonment and or a fine.

There is no need to get so emotional. You did not see her application and were not at the interview. You are filling in the blanks on her form and jumping to conclusions. What if she put down the marriage and said divorced thinking the requirement was to be divorced when the visa was issued. That is what someone else in this thread thought and was corrected.

I still have the question, how can she or her fiance find out if is now "banned for life"?

No getting emotional here. She already stated that they filed the K1 knowing the annulment was not final..and hoped it would be before the interview. Therefore...they could not have put it on the application as there was no annulment date...and if they did...they made up a date...either is still fraud...your not getting the point here...SHE ALREADY ADMITTED THEY FILED THE K1 KNOWING THEY WERE NOT LEGAL TO MARRY...and it clearly states to file the K1 you HAVE to be legal to marry...not legal to marry sometime in the middle of the process...but BEFORE you file the petition...and again..it doesnt matter what was put there...there was no annulment date before they filed, so if a date was put, it was a false date, therefore fraud..and if left blank, it was fraud...as they did not indicate a past marriage when there was one...actually it was still a current marriage...still fraud as she or he was not legal to marry therefore not elegible to file the petition in the first place. The denial was correctly given...and yes giving false information on a government document with the K1 can result in a lifetime ban...and YES they will be informed that if they are given the ban...its common sense that they would be given that information.

NO ONE on this thread needs to know exactly what they put on the application...the fact that she has already admitted that they filed the petition before being legal to marry is knowing enough that whatever they wrote on the application or left it blank was fraud.

[Sinergy 3]

OK, if the anullment was finished before the interview, perhaps a visa could be issued. Depends on the interpretation of anullment versus divorce.

An annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is retroactive: an annulled marriage is considered never to have existed. Therefore, if the anullment is complete and retroactive, she would have been free to marry at the time of the petition being filed. However, if the anullment was not complete by the interview date, then the petition was fraudulent.

The annulment would have HAD to been complete BEFORE they even filed the petition. Hence the whole giving a statement you are legal to marry when you even file the petition. If you are still married (and you are until the annulment is final) you can not file the fiance visa...and if you do while still married it is concidered lieing on the application and it is fraud.