K1 Denied at interview

[daboy69 0]

What will happen to our case now... should we just get married and file IC/CR1 instead?

Probably not. See this article

http://www.ilw.com/articles/2006,0323-ellis.shtm

If you let them deny the K-1, and then marry and file K-3 or CR-1, you might have the issue of misrepresentation on your record, despite the fact that you didn't necessarily misrepresent anything specific. The bureacracy gets crazy. Respond to any attempt to deny.

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)©(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

...

What exactly was the misrepresentation? Nobody seems to know. DOS doesn’t give you a specific answer. The lawyer doesn’t know. And most importantly, the petitioner and beneficiary are clueless. They’re in sort of a Kafkaesque position. They’re accused of misrepresenting something. But nobody tells them exactly what they have misrepresented. This problem could have easily been avoided if the petitioner had simply responded to the NOID letter and argued the merits even though the couple had married.

thank you lucyrich for the article.... it seems consuls are under strict guidelines to justify a denial, or did I undertand this article wrong..... maybe that's why they placed it under other: and put relationship for immigration purposes only. Seems to me they believe that we "HAVE" a relationship but thinks she is only in it for the green card is how I interpreted this. Is it possible for uscis to turn this decision around since it is being sent back to them for "reconsideration"

Edited February 27, 2009 by daboy69

[Sylvia_n_Joseph 3]

Which service center where you processed through ? It makes a difference in what may happen to the petition if it makes it back here. Have your girlfriend write down exactly what happened in the interview. What she was asked , what she said and eny other detail she remembers. You have to refute what the embassy said. If the interviewer asked about how you met and that is where the interview changed tone that is probably the point to have to "prove" you are innocent. This is not innocent until proven guilty. This is interviewer woke up in a bad mood and you two are paying for it.

Edited February 27, 2009 by Sylvia_n_Joseph

[daboy69 0]

We filed through CSC??? can you elaborate on what difference it makes, I am really curious to know.

Thanks

Which service center where you processed through ? It makes a difference in what may happen to the petition if it makes it back here. Have your girlfriend write down exactly what happened in the interview. What she was asked , what she said and eny other detail she remembers. You have to refute what the embassy said. If the interviewer asked about how you met and that is where the interview changed tone that is probably the point to have to "prove" you are innocent. This is not innocent until proven guilty. This is interviewer woke up in a bad mood and you two are paying for it.

[Sylvia_n_Joseph 3]

From what I understand CSC tend to just ignore returned K1's. VSC will review more frequently review the petition after a hideous time. If they review and agree with the consulate you have to refute it. If they agree that you have a valid relationship the will reinstate their approval and resend it. If you cancel your petition it tends to be entered into the database like the conulate was right and your SO has a misrepresentation flag to fight also.

[pushbrk 12,566]

From what I understand CSC tend to just ignore returned K1's. VSC will review more frequently review the petition after a hideous time. If they review and agree with the consulate you have to refute it. If they agree that you have a valid relationship the will reinstate their approval and resend it. If you cancel your petition it tends to be entered into the database like the conulate was right and your SO has a misrepresentation flag to fight also.

This is why it's so important to hire a local Manila attorney to keep the case in Manila. Otherwise you are looking at a very long time before know anything more than you know now. Get that detailed interview report as soon as possible and get the attorney hired, even if you have to go there to do it.

[Ed+Cindy 1]

This is why it's so important to hire a local Manila attorney to keep the case in Manila. Otherwise you are looking at a very long time before know anything more than you know now. Get that detailed interview report as soon as possible and get the attorney hired, even if you have to go there to do it.

I would suggest getting on a plane tomorrow and going there. Just my two cents, and what I would do if it was me.

I don't know about the Manila consulate, but as an American, I've walked directly inseide both the Auckland and Vancouver US consulates with semi urgent issues without an appointment and I was never turned back. Might be easier to sort this out in person, and that would also show the seriousness of your relationship.

Only my opinions, best of luck.

[Loolie 56]

its so sad that they denied your fiancee at her interview..sometimes the co will send your fiancee to fraud unit.. and they will have investigation about your case...but in your case denied right away..there are people here who were introduced by relatives in usa and was put on fraud but was approved and some were approved with no hasle.

i wish everything will be ok...you deserve to be happy...just dont give up.

[ammike 0]

The only reason I can think of right now is if Both of you were MARRIED before, You should have the Original Anullment / Divorce Papers from the Court..

Goodluck and Keep your LOVE Strong!!

GODBLESS

Edited February 27, 2009 by ammike

[Dakine 26]

From what I understand CSC tend to just ignore returned K1's. VSC will review more frequently review the petition after a hideous time. If they review and agree with the consulate you have to refute it. If they agree that you have a valid relationship the will reinstate their approval and resend it. If you cancel your petition it tends to be entered into the database like the conulate was right and your SO has a misrepresentation flag to fight also.

I've been thru the whole trip! If you don't get USEM to reverse their decision your petition is history.

Pushbrk says to hire a attorney in Manila. Sounds good pushbrk could you please specify one??? Stick to China.

Attorney's don't have the power your government representatives do. They can't get decisions reversed right away but they can find out exactly why you/she was denied. They can also keep the case at USEM until you submit everything you can to reverse their decision. BEEN THERE< DID IT!

Yeah you guys have 15 years age difference. But how old is the beneficiary?

Edited February 27, 2009 by Haole

[archie07 0]

http://www.hg.org/law-firms/Immigration/Ph...akati-City.html

[noel_jas 0]

there must be another reason other than your age gap and the fact that you were introduced by a relative. in my case we were introduced by my cousin and we have 10+ years age gap but i was approved right away. i have read some cases before about couples introduced by their relatives but they were not denied at once. they were just sent to the fraud unit and eventually they received their visa. there must be something that she said during the interview that made the CO doubt her. i believe that you can still appeal the decision. good luck!

[Loolie 56]

there must be another reason other than your age gap and the fact that you were introduced by a relative. in my case we were introduced by my cousin and we have 10+ years age gap but i was approved right away. i have read some cases before about couples introduced by their relatives but they were not denied at once. they were just sent to the fraud unit and eventually they received their visa. there must be something that she said during the interview that made the CO doubt her. i believe that you can still appeal the decision. good luck!

try to ask your fiancee what questions were asked to her so you will know whats the reason why you were denied...usually they be sent to fraud first before denial...i guess the co had enough of her coz she got nervous and just kept answering the questions and was not being consistent to her answers..maybe thats why she was denied right away.

just bad luck but just dont give up...if haole did it so can you.

God bless you.

Edited February 27, 2009 by bmtrrbt

[maya62 7]

All of the above are good ideas, but I think Haole is right... the most important thing is to get in touch IMMEDIATELY (like today) with your 2 US Senators and your US Rep and find out who their respective immigration liaisons are and tell them your story and that you are trying to keep your case at the Consulate. Request help in writing or in person and make sure you communicate the urgency of the situation. Be respectful but persistent. The Consulate is required by law to respond fairly quickly to congressional inquiry (forget the exact time frame, but it is in days, not weeks or months).

I think contacting the Consulate ASAP (like today if possible) and requesting a specific reason why the visa was denied is also a good idea. Fax them, email them, phone them, whatever you can do to show that you are involved, upset (respectfully), and ready to act...

I've read about a bunch of these situations over the past 4 years and it seems like the ones that do the best are ones where the USC raises a ruckus with the Consulate and/or their US Senator(s) or Rep.

I agree it is a good idea to get as much specific recollection about the interview from your fiancee as possible, as soon as possible. It does sound like something went wrong with the way she answered her questions... or I guess it could be the grandmother thing.

Maybe someone in the appropriate country forum can suggest a good lawyer in the PI.

Good luck turning this around. For now, this is your full-time job and obsession. I think you have a chance to avoid a protracted visa journey if you act swiftly.

Maya

[pushbrk 12,566]

All of the above are good ideas, but I think Haole is right... the most important thing is to get in touch IMMEDIATELY (like today) with your 2 US Senators and your US Rep and find out who their respective immigration liaisons are and tell them your story and that you are trying to keep your case at the Consulate. Request help in writing or in person and make sure you communicate the urgency of the situation. Be respectful but persistent. The Consulate is required by law to respond fairly quickly to congressional inquiry (forget the exact time frame, but it is in days, not weeks or months).

I think contacting the Consulate ASAP (like today if possible) and requesting a specific reason why the visa was denied is also a good idea. Fax them, email them, phone them, whatever you can do to show that you are involved, upset (respectfully), and ready to act...

I've read about a bunch of these situations over the past 4 years and it seems like the ones that do the best are ones where the USC raises a ruckus with the Consulate and/or their US Senator(s) or Rep.

I agree it is a good idea to get as much specific recollection about the interview from your fiancee as possible, as soon as possible. It does sound like something went wrong with the way she answered her questions... or I guess it could be the grandmother thing.

Maybe someone in the appropriate country forum can suggest a good lawyer in the PI.

Good luck turning this around. For now, this is your full-time job and obsession. I think you have a chance to avoid a protracted visa journey if you act swiftly.

Maya

Consular officers tend to come to such conclusions based on a combination of factors, so it's usually useless to try to pin down just one as THE reason. Getting as close to an interview "transcript" as possible is going to be critical, no matter what else is done. Anybody who helps will need to understand the case and the interview as completely as possible to be of meaningful assistance. One of the key reasons for getting an attorney involved at this stage is so direct and swift action can be taken based on an in-depth confidential interview with the beneficiary by somebody trained to get at the necessary details.

[kurt53 0]

Sorry to hear about your troubles. Undoubtedly, it is better to be there for your fiances interview. It shows that you are serious about making a life with her. I would get on the first thing smokin to Manilla. when I got there, I would be at the embassy the next day, with all my documents. I would raise hell until they reconsidered. Make sure you take your tax returns, etc and show proof of being able to support her financially. That's what I would do...Good luck, whatever you do...