After we denied in k1 we have plan to get married in and apply for k3

[MadzCarl2008 0]

First of all i just wanna say hi and hello to everyone again...

My problem before why i got denied in my interview for k1 is b'coz of my previous marriage that i didn't already have the decision's yet..

and my fiancee and i have plan to get married after i received my decision's...

I just wanna know if there's any conflict about filing again from denying in k1 and we go changing for k3...

i just worried about the grilled question in embassy and aside on that to have a problem with the USCIS also..

as for now we have no idea what to do on that stuff..or we can apply the k1 again no avoid more question..

i am scared for new denying for k3..

Please do help us!!!

thnx..

[Meriem_DZ 37]

The problem is you should not have even applied for the K-1 until you had the decision in hand. You were not free to marry when you sent the petition for the K-1.You should have done your homework before hand. The problem now is that you misrepresented yourself to USCIS. Dont know if getting married and filing for the K-3 will do you any good. Sorry I cant help. But you messed up big time.

Meriem

Edited February 11, 2009 by Meriem_setif

[desert_fox 32]

Depends on why you were denied the first time.

If you misrepresented yourself the first time around....you probably wont receive a visa.

[notime4haterz 0]

As others told you many times before, you have to ask USCIS and see if they will even let you do that K-3. You might have a ban. You might not. You won't know until you contact USCIS. I advise speaking to a lawyer that might know some loop holes to get you past that. More thank likely you'll have to apply for some kind of waiver too, before you're able to do the K-3. Since we don't know what you wrote on your K-1 application we really can't tell you anything.

[pushbrk 12,894]

First of all i just wanna say hi and hello to everyone again...

My problem before why i got denied in my interview for k1 is b'coz of my previous marriage that i didn't already have the decision's yet..

and my fiancee and i have plan to get married after i received my decision's...

I just wanna know if there's any conflict about filing again from denying in k1 and we go changing for k3...

i just worried about the grilled question in embassy and aside on that to have a problem with the USCIS also..

as for now we have no idea what to do on that stuff..or we can apply the k1 again no avoid more question..

i am scared for new denying for k3..

Please do help us!!!

thnx..

You got a paper from the Consular Officer at the time you were denied. What does it say exactly?

[LonnieNCarmie 0]

Obviously this is a serious thing that was done I am not sure why this was done while still knowing you were married but you both need to get attorney advise because if you have a permanant ban for misrepresentation the only way you can be together is if he moves to the Philippines, and it would suck if you get married first only to find out that you can't get the K-3 at all. Remember its a long road and patience, as much as it hurts to be apart always is worth the wait. Hang in there and good luck.

[DanielParul 50]

Why don't you tell us exactly what marital status did you mention and how did you answer the previous marriages and date and place marriage was terminated questions on all the forms that you filled.

People here might be in a better position to answer your questions then. Till then its all speculation.

Edited February 11, 2009 by DanielParul

[MadzCarl2008 0]

the realsing officer returned my passport and then said they are going to give me a visa if my annument decree is on hand..

the whie slip i had is say's...i received checked on the papers thats says...YOU HAVE NO PETITIONABLE RELATIONSHIP WITH THE PETITIONER...

It's not totally said that i misrepresent and doing some fraud..

[One heart 0]

[MadzCarl2008 0]

its say's on the slip i receieved (212) you are not qualified under labor certification requirements....

[MadzCarl2008 0]

First of all i just wanna say hi and hello to everyone again...

My problem before why i got denied in my interview for k1 is b'coz of my previous marriage that i didn't already have the decision's yet..

and my fiancee and i have plan to get married after i received my decision's...

I just wanna know if there's any conflict about filing again from denying in k1 and we go changing for k3...

i just worried about the grilled question in embassy and aside on that to have a problem with the USCIS also..

as for now we have no idea what to do on that stuff..or we can apply the k1 again no avoid more question..

i am scared for new denying for k3..

Please do help us!!!

thnx..

You got a paper from the Consular Officer at the time you were denied. What does it say exactly?

its says im not qualified under labor certification requirements...

[pushbrk 12,894]

First of all i just wanna say hi and hello to everyone again...

My problem before why i got denied in my interview for k1 is b'coz of my previous marriage that i didn't already have the decision's yet..

and my fiancee and i have plan to get married after i received my decision's...

I just wanna know if there's any conflict about filing again from denying in k1 and we go changing for k3...

i just worried about the grilled question in embassy and aside on that to have a problem with the USCIS also..

as for now we have no idea what to do on that stuff..or we can apply the k1 again no avoid more question..

i am scared for new denying for k3..

Please do help us!!!

thnx..

You got a paper from the Consular Officer at the time you were denied. What does it say exactly?

its says im not qualified under labor certification requirements...

Please be more complete.

I have concluded the following from what you disclosed in your earlier messages.

1. Your own G325a indicated you had no previous marriage.

2. The I-129F your husband filed indicated you had no previous marriage.

3. The visa applications you took to the Embassy with you indicated you had no previous marriage

4. You took an oath to tell the truth and that the information on your paperwork was true before you spoke to the Consular officer that denied your visa.

Please confirm the above or explain what the truth of 1-4 above.

Here is some information about section 212

Section 212

Section 212 lists those classes of aliens who are ineligible to receive visas and ineligible for admission to the US, and the classes of aliens who may apply for waivers of ineligibility.

Edited February 11, 2009 by pushbrk

[pushbrk 12,894]

First of all i just wanna say hi and hello to everyone again...

My problem before why i got denied in my interview for k1 is b'coz of my previous marriage that i didn't already have the decision's yet..

and my fiancee and i have plan to get married after i received my decision's...

I just wanna know if there's any conflict about filing again from denying in k1 and we go changing for k3...

i just worried about the grilled question in embassy and aside on that to have a problem with the USCIS also..

as for now we have no idea what to do on that stuff..or we can apply the k1 again no avoid more question..

i am scared for new denying for k3..

Please do help us!!!

thnx..

You got a paper from the Consular Officer at the time you were denied. What does it say exactly?

its says im not qualified under labor certification requirements...

Please be more complete.

I have concluded the following from what you disclosed in your earlier messages.

1. Your own G325a indicated you had no previous marriage.

2. The I-129F your husband filed indicated you had no previous marriage.

3. The visa applications you took to the Embassy with you indicated you had no previous marriage

4. You took an oath to tell the truth and that the information on your paperwork was true before you spoke to the Consular officer that denied your visa.

Please confirm the above or explain what the truth of 1-4 above.

Here is some information about section 212

Section 212

Section 212 lists those classes of aliens who are ineligible to receive visas and ineligible for admission to the US, and the classes of aliens who may apply for waivers of ineligibility.

Further....

If denied under section 212, it is possible to marry, go through a spouse visa process and then after the certain denial, your husband could apply for a waiver of your ineligibility. In order for that to be successful he would have to show convincingly that the denial woud cause extreme hardship to him personally. This extreme hardship standard is extremely difficult to meet and requires far more justification than simply being separated from a spouse. Where I've seen it granted is when their are US Citizen Children in the home and the visa applicant is the primary provider for the family. That's not the only grounds but they need to be something tangible and "severe" in nature.

Frankly, I think you would be wasting your time.

Edited February 11, 2009 by pushbrk

[pushbrk 12,894]

First of all i just wanna say hi and hello to everyone again...

My problem before why i got denied in my interview for k1 is b'coz of my previous marriage that i didn't already have the decision's yet..

and my fiancee and i have plan to get married after i received my decision's...

I just wanna know if there's any conflict about filing again from denying in k1 and we go changing for k3...

i just worried about the grilled question in embassy and aside on that to have a problem with the USCIS also..

as for now we have no idea what to do on that stuff..or we can apply the k1 again no avoid more question..

i am scared for new denying for k3..

Please do help us!!!

thnx..

You got a paper from the Consular Officer at the time you were denied. What does it say exactly?

its says im not qualified under labor certification requirements...

Please be more complete.

I have concluded the following from what you disclosed in your earlier messages.

1. Your own G325a indicated you had no previous marriage.

2. The I-129F your husband filed indicated you had no previous marriage.

3. The visa applications you took to the Embassy with you indicated you had no previous marriage

4. You took an oath to tell the truth and that the information on your paperwork was true before you spoke to the Consular officer that denied your visa.

Please confirm the above or explain what the truth of 1-4 above.

Here is some information about section 212

Section 212

Section 212 lists those classes of aliens who are ineligible to receive visas and ineligible for admission to the US, and the classes of aliens who may apply for waivers of ineligibility.

Further....

If denied under section 212, it is possible to marry, go through a spouse visa process and then after the certain denial, your husband could apply for a waiver of your ineligibility. In order for that to be successful he would have to show convincingly that the denial woud cause extreme hardship to him personally. This extreme hardship standard is extremely difficult to meet and requires far more justification than simply being separated from a spouse. Where I've seen it granted is when their are US Citizen Children in the home and the visa applicant is the primary provider for the family. That's not the only grounds but they need to be something tangible and "severe" in nature.

Frankly, I think you would be wasting your time. However, since a waiver attempt is almost assured, I would suggest an organizer move this discussion or a copy of it to the waivers forum for input from people who deal with them more often.

[Jenn! 918]

moved to Waivers forum.