Denial of K-1.

[jsnearline 2]

If your fiance was officially divorced in January 2009, when did you file the petition for the visa? Just to be clear, as you don't have a timeline, you filed the petition after your fiance's divorce was final, yes? I do recall seeing cases where that detail has slipped through USCIS. That would be a legitimate reason for denial.

That would my question too. Did the petitioner file the K1 petition before or after the divorce was finalized? What evidence of the divorce did they include with the petition?

[Shad and Dani 3]

Get a lawyer! Quick!

[LuckyHelen 0]

I am from Ukraine. I got denial of the visa of K-1 the day before yesterday at interview. 
Explanations: my fiance petitioned on the former wife 7 years back, they officially divorced in January, 2009. And our relations began in February the last year. His former wife lives to one address with him, it did not please a consul and he drew conclusion, that they live together. Yes, one address, but there are a few apartments in this house, and they live in different apartments. This house is my fiance ownness. They did not divorce because they do not need it it was, but every lived by own life a long ago, and she has already other man which going to get married her. I was not able it to explain it. A consul said that his wife is not American, began to ask me as they met, I did not have been able to answer, I did not know, and  I said that he met her with his friend, but he said that they met also as I with him in Internet. Probably, he thinks that I want to leave to America and paid the fiance of money. It is not truth.

What can we do - to try it to explain and how? Or to conclude marriage in Ukraine and do the visa of K-3?

Sorry to hear of this LuckyHelen. I would try and have your US partner get in touch with the Embassy and try to explain this situation! What did denial papers say that you were given? Do they not believe then that yours is a bona fide relationship because she lives in the same "building" or "house" as her former husband which is your now fiance? They're divorced. Does the Embassy know that he owns the building?

I suppose that getting married and going the K-3 route could be an option, but usually it's a good idea to address the reasons why you were denied the first time. So...you get married, but the same things apply...he owns the building which has an address that his first wife still rents from and so shows the same address.

I'd see if first there is a way to refute the decision the Embassy has made already, then make sure all your ducks are in a row when or if you petition again addressing all the concerns the Embassy may have. It might be a good idea as well to have your then husband with you at the interview to answer any questions (if he can attend of course).

Thanks!

The consul did not give my any papers explaining a denial. He said that it was not okay if I would live together with them, my fiance still live with his wife. I tryed to explain that it is a big house and they are divorse and his wife has other man, but consul did not listen me. I suppose consul had already made a decision. He also said we could marry on Ukraine.

[LuckyHelen 0]

?

If your fiance was officially divorced in January 2009, when did you file the petition for the visa? Just to be clear, as you don't have a timeline, you filed the petition after your fiance's divorce was final, yes? I do recall seeing cases where that detail has slipped through USCIS. That would be a legitimate reason for denial.

I think carlawalla gives good advice, have your fiance talk to the embassy and if you have issues getting them to listen, get a congressman or senator involved in your case.

Yes, we file petition in a few weeks after his divorce. We waited a divorce, to file our documents.

[Rezak and Sharon 0]

I am from Ukraine. I got denial of the visa of K-1 the day before yesterday at interview. 
Explanations: my fiance petitioned on the former wife 7 years back, they officially divorced in January, 2009. And our relations began in February the last year. His former wife lives to one address with him, it did not please a consul and he drew conclusion, that they live together. Yes, one address, but there are a few apartments in this house, and they live in different apartments. This house is my fiance ownness. They did not divorce because they do not need it it was, but every lived by own life a long ago, and she has already other man which going to get married her. I was not able it to explain it. A consul said that his wife is not American, began to ask me as they met, I did not have been able to answer, I did not know, and  I said that he met her with his friend, but he said that they met also as I with him in Internet. Probably, he thinks that I want to leave to America and paid the fiance of money. It is not truth.

What can we do - to try it to explain and how? Or to conclude marriage in Ukraine and do the visa of K-3?

What if my visa is denied? How can I appeal?

If your petition for a fiancé(e) visa is denied, the denial letter will tell you how to appeal. Generally, you may appeal within 33 days of receiving the denial by mail. Your appeal must be filed on USCIS Form I-290B. The appeal must be filed with the office that made the original decision. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC. (Sending the appeal and fee directly to the AAU will delay the process.)

Edited May 21, 2009 by Rezak and Sharon

[Gary and Alla 3,694]

I am from Ukraine. I got denial of the visa of K-1 the day before yesterday at interview. 
Explanations: my fiance petitioned on the former wife 7 years back, they officially divorced in January, 2009. And our relations began in February the last year. His former wife lives to one address with him, it did not please a consul and he drew conclusion, that they live together. Yes, one address, but there are a few apartments in this house, and they live in different apartments. This house is my fiance ownness. They did not divorce because they do not need it it was, but every lived by own life a long ago, and she has already other man which going to get married her. I was not able it to explain it. A consul said that his wife is not American, began to ask me as they met, I did not have been able to answer, I did not know, and  I said that he met her with his friend, but he said that they met also as I with him in Internet. Probably, he thinks that I want to leave to America and paid the fiance of money. It is not truth.

What can we do - to try it to explain and how? Or to conclude marriage in Ukraine and do the visa of K-3?

Helen:

May I ask? How is it they knew about the living arrangements of your fiance's ex wife? It is not something requested in the usual forms. How exactly does this come up?

[Wyld Blu 35]

I am from Ukraine. I got denial of the visa of K-1 the day before yesterday at interview. 
Explanations: my fiance petitioned on the former wife 7 years back, they officially divorced in January, 2009. And our relations began in February the last year. His former wife lives to one address with him, it did not please a consul and he drew conclusion, that they live together. Yes, one address, but there are a few apartments in this house, and they live in different apartments. This house is my fiance ownness. They did not divorce because they do not need it it was, but every lived by own life a long ago, and she has already other man which going to get married her. I was not able it to explain it. A consul said that his wife is not American, began to ask me as they met, I did not have been able to answer, I did not know, and  I said that he met her with his friend, but he said that they met also as I with him in Internet. Probably, he thinks that I want to leave to America and paid the fiance of money. It is not truth.

What can we do - to try it to explain and how? Or to conclude marriage in Ukraine and do the visa of K-3?

Helen:

May I ask? How is it they knew about the living arrangements of your fiance's ex wife? It is not something requested in the usual forms. How exactly does this come up?

Thank you for asking this...

-Blu-(watching this thread intently)

[LuckyHelen 0]

Helen:

May I ask? How is it they knew about the living arrangements of your fiance's ex wife? It is not something requested in the usual forms. How exactly does this come up?

A consul began to talk that they live together, then said to wait, he went away on the pair of minutes, returned and said, and exactly, they live to one address. Probably, he looked on a base.

[LuckyHelen 0]

What if my visa is denied? How can I appeal?

If your petition for a fiancé(e) visa is denied, the denial letter will tell you how to appeal. Generally, you may appeal within 33 days of receiving the denial by mail. Your appeal must be filed on USCIS Form I-290B. The appeal must be filed with the office that made the original decision. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC. (Sending the appeal and fee directly to the AAU will delay the process.)

I am sorry for such questions, but I very worry. Who will get a letter is my fiance or I? 33 days counted off after the receipt of letter or from the date of writing? How enough time for this process?

[DaleandPat 0]

I am from Ukraine. I got denial of the visa of K-1 the day before yesterday at interview. 
Explanations: my fiance petitioned on the former wife 7 years back, they officially divorced in January, 2009. And our relations began in February the last year. His former wife lives to one address with him, it did not please a consul and he drew conclusion, that they live together. Yes, one address, but there are a few apartments in this house, and they live in different apartments. This house is my fiance ownness. They did not divorce because they do not need it it was, but every lived by own life a long ago, and she has already other man which going to get married her. I was not able it to explain it. A consul said that his wife is not American, began to ask me as they met, I did not have been able to answer, I did not know, and  I said that he met her with his friend, but he said that they met also as I with him in Internet. Probably, he thinks that I want to leave to America and paid the fiance of money. It is not truth.

What can we do - to try it to explain and how? Or to conclude marriage in Ukraine and do the visa of K-3?

LuckyHelen,

You might want to give this a little time. I see here that you started a relationship before your fiance was divorced. Now he is living with his ex. In the eyes of the consul that waves red flags, because how are you going to fit in with this. If this goes not work well are you going to become ejected from the situation upon which you may become a subject of the USA welfare system. Another consideration is your finace's sincerity.

[LuckyHelen 0]

I am from Ukraine. I got denial of the visa of K-1 the day before yesterday at interview. 
Explanations: my fiance petitioned on the former wife 7 years back, they officially divorced in January, 2009. And our relations began in February the last year. His former wife lives to one address with him, it did not please a consul and he drew conclusion, that they live together. Yes, one address, but there are a few apartments in this house, and they live in different apartments. This house is my fiance ownness. They did not divorce because they do not need it it was, but every lived by own life a long ago, and she has already other man which going to get married her. I was not able it to explain it. A consul said that his wife is not American, began to ask me as they met, I did not have been able to answer, I did not know, and  I said that he met her with his friend, but he said that they met also as I with him in Internet. Probably, he thinks that I want to leave to America and paid the fiance of money. It is not truth.

What can we do - to try it to explain and how? Or to conclude marriage in Ukraine and do the visa of K-3?

LuckyHelen,

You might want to give this a little time. I see here that you started a relationship before your fiance was divorced. Now he is living with his ex. In the eyes of the consul that waves red flags, because how are you going to fit in with this. If this goes not work well are you going to become ejected from the situation upon which you may become a subject of the USA welfare system. Another consideration is your finace's sincerity.

He is not living with his Ex., he owns the Apt building that her boyfriend lives in. They are not together at all. He was not with his wife for over two years before he finially did the divorce.

[LuckyHelen 0]

This is what happen to us, in Kiev I was denied a fiancée visa to travel to the United States. I had gone into the interview and obviously, the immigration agent had already made up his mind to refuse me a fiancée visa. The interview proceeded as follows;

The interviewer asked very few questions:

· How Did We Meet?

· How Many Times Has this man Visited Ukraine?

· Where Does this man Works?

Then the immigration agent stated that the man was still married and that his wife, (ex-wife) still lives at the same address with this man. Then he asked me

· Do You Think It Is Okay That You Will Live with this man and His Ex-Wife in the Same House?

I answered that, yes, it would be okay and that his ex-wife already has a another man.

The immigration agent stated that he would not grant a fiancée visa to me but we could get married in the Ukraine if we wanted to. He also said that, he does not believe we have a serious relationship, and he also asked me;

How did this man meet his Ex-wife? I stated, that this man met his ex-wife through friends, and the immigration agent replied,

· No, this man met ex-wife through an agency in the Philippines.

I checked on line at a chat room and was informed that last year an immigration agent had granted a visa to a young lady, where the man in question, had just gotten a divorce from his wife and came to marry this woman. Apparently, this was found out to be a false marriage and the man was put in prison, this young lady was deported back to the Ukraine, and the immigration agent was fired from his job.

This seems to be the basis for their refusal to issue my fiancée visa. This what happen to me.

[Gary and Alla 3,694]

What if my visa is denied? How can I appeal?

If your petition for a fiancé(e) visa is denied, the denial letter will tell you how to appeal. Generally, you may appeal within 33 days of receiving the denial by mail. Your appeal must be filed on USCIS Form I-290B. The appeal must be filed with the office that made the original decision. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC. (Sending the appeal and fee directly to the AAU will delay the process.)

I am sorry for such questions, but I very worry. Who will get a letter is my fiance or I? 33 days counted off after the receipt of letter or from the date of writing? How enough time for this process?

Assume it to mean 33 days from the date of the letter and assume "CALENDAR" days, not "business" or "working" days. And the quote given to you here refers to a petition denial, your fiance's petition was not denied, it was approved or you would not have had an interview. You (HE) will receive a different letter

This is strange. Kiev is usually very easy to deal with. There is something up here that you are not, or can not, tell us. Do you have a copy of the I-129f and all documents sent to the USCIS? I just really do not understand how they know so much about his ex-wife unless something sparked an RFE or AP into this situation. And that would not be something good. I fear there are things you do not know in this situation.

The letter should go to your fiance.

I think first you need to have a good long chat with your fiance. I am sorry to break this to you, but I beleive there is something not being told to you aboiut this situation. I think the Consular Officers questions to you confirmed (for him) you do not know about this and that is why the visa was not issued. Your fiance needs to be up front and straight with you. The fact his ex-wife lives in the same apartment building is NOT a reason to deny the visa.

[Gary and Alla 3,694]

This is what happen to us, in Kiev I was denied a fiancée visa to travel to the United States. I had gone into the interview and obviously, the immigration agent had already made up his mind to refuse me a fiancée visa. The interview proceeded as follows;

The interviewer asked very few questions:

· How Did We Meet?

· How Many Times Has this man Visited Ukraine?

· Where Does this man Works?

Then the immigration agent stated that the man was still married and that his wife, (ex-wife) still lives at the same address with this man. Then he asked me

· Do You Think It Is Okay That You Will Live with this man and His Ex-Wife in the Same House?

I answered that, yes, it would be okay and that his ex-wife already has a another man.

The immigration agent stated that he would not grant a fiancée visa to me but we could get married in the Ukraine if we wanted to. He also said that, he does not believe we have a serious relationship, and he also asked me;

How did this man meet his Ex-wife? I stated, that this man met his ex-wife through friends, and the immigration agent replied,

· No, this man met ex-wife through an agency in the Philippines.

I checked on line at a chat room and was informed that last year an immigration agent had granted a visa to a young lady, where the man in question, had just gotten a divorce from his wife and came to marry this woman. Apparently, this was found out to be a false marriage and the man was put in prison, this young lady was deported back to the Ukraine, and the immigration agent was fired from his job.

This seems to be the basis for their refusal to issue my fiancée visa. This what happen to me.

Thank you for your description. I am sure this is not easy for you. You are probably correct they had more or less made thir mind up about you, this is usually the case and the interview is just a confirmation of what they believe. Your answers CONFIRMED to him what he already believed. Tha means there is something HE knows about your fiance and you do not. Also, it is not normal for them to know about the ex-wife, how he met her or where she currently lives. No normal at all. Have you seen the documents; the I-129f ? These things are never asked. They know this because some additional investigation was done (AP) and they discovered things they did not like, I do not know what.

Now that you told us the questions you were asked. Could you tell us the answers you gave? Hey, it is none of my business and if you want to say so...go right ahead and don't answer, it is OK. But this has me very curious, for you and for other people I know that deal with the Kiev consulate. Whenever I can get some information as to what is a "red flag" in Kiev, I like to try.

Do you know how many times he has been to Ukraine? I mean do you REALLY know how many times he was in Ukraine? Do you know what nationality his ex-wife is?

Oh, and about getting married in Ukraine, YES you can, of course, but getting married is NOT a gaurantee you will get a visa. As was stated above, if there is a reason they are not issuing the K-1 (there is a reason) that reason needs to be "corrected" or you will not get any other visa either. Usually people get married when they have been determined not to have enough "proof of relationship" and this reason can be satisfied by getting married. "Proof of Relationship" is not the stated reason in your case...or maybe it is, we haven't seen the stated reason yet.

[Gary and Alla 3,694]

This is what happen to us, in Kiev I was denied a fiancée visa to travel to the United States. I had gone into the interview and obviously, the immigration agent had already made up his mind to refuse me a fiancée visa. The interview proceeded as follows;

The interviewer asked very few questions:

· How Did We Meet?

· How Many Times Has this man Visited Ukraine?

· Where Does this man Works?

Then the immigration agent stated that the man was still married and that his wife, (ex-wife) still lives at the same address with this man. Then he asked me

· Do You Think It Is Okay That You Will Live with this man and His Ex-Wife in the Same House?

I answered that, yes, it would be okay and that his ex-wife already has a another man.

The immigration agent stated that he would not grant a fiancée visa to me but we could get married in the Ukraine if we wanted to. He also said that, he does not believe we have a serious relationship, and he also asked me;

How did this man meet his Ex-wife? I stated, that this man met his ex-wife through friends, and the immigration agent replied,

· No, this man met ex-wife through an agency in the Philippines.

I checked on line at a chat room and was informed that last year an immigration agent had granted a visa to a young lady, where the man in question, had just gotten a divorce from his wife and came to marry this woman. Apparently, this was found out to be a false marriage and the man was put in prison, this young lady was deported back to the Ukraine, and the immigration agent was fired from his job.

This seems to be the basis for their refusal to issue my fiancée visa. This what happen to me.

Take what you read in the chat rooms with a grain of salt. Yes, fraudulent marriages occur (GASP!!!!!!!!) Even to sweet innocent girls from the Phillipines! Imagine that!!!!!! I will bet that one of these fraudulent marriages occured last year. It is extremely rare for someone to go to prison for a fraudulent marriage, unless he is dealing in human trafficking, and even more rare for an immigration official to be fired.