EX-fiance and now married to US citizen

[greatsphinx07 0]

my aunt had a K-1 petition about 10yrs ago and was denied, it was appealed but did not materiaize..a couple of years, the guy in the states no longer contacts her and was nowhere to be found..the petition was not revoked i guess..after few years, she got married to a US citizen ( married took place here in philippines) and now has one child...she got a petition for spouse visa and been interviewed a couple of times, but unfortunately she was not still given a visa, she didnt get a denied stamp as well...they appealed the case but still no avail...we are trying to contact the previous guy who petitioned her for k-1 visa to help revoke it..what other steps should be taken for my aunt to be granted a spouse visa?

Edited July 25, 2009 by greatsphinx07

[NutMagnet 2]

my aunt had a K-1 petition about 10yrs ago and was denied, it was appealed but did not materiaize

Can you tell us why her K1 petition was denied 10 years ago? Did the appeal not materialize because of another denial, or did it not matierialize due to lack of interest by the man? Was she then able to provide all documentation asked of her?

I am not aware of the need for the USC to retract a denied petition, the INS retracted it themselves by denying it. It is dead now.

That she was later denied a spousal visa (K3?) based on a marriage in the RP to a USC is unusual. Was her husband's primary residence in the USA and did he meet the qualifications for income and domicile in the USA? (some guys drift around in SE Asia for years as ex-pat's and are unable to prove a steady residence back home)

Can you provide more details, approximate dates to help determine a timeline of events? What were the reasons given in both the appeal processes? Was your auntie Late Registered? Problems at her medical interview? At what point in her initial K1 visa interview 10 years ago did things go bad?

Hopefully we can help sort this out.

NM

[SuperDuper! 230]

THe man from 10 years ago is now irrelevant. THere is something else preventing her from getting approved. Please give more details so we can offer meaningful feedback. Otherwise people will just offer you sarcasm, which is not helpful. Good Luck!!

[greatsphinx07 0]

based on my aunt's story, the consul back then (k-1 interview) insisted that it appears that it will fall under a fixed marriage eventhough it was not..then eventually the man loses interest on her until they didnt have any communication at all up to now..she didnt make any follow-up on that k-1 application since then..

when she married a US citizen around 6yrs ago (im not sure if it's 5 or 6 yrs ago), and the application for spouse visa came out, she didn't have in mind that the previous application would affect the present visa application..is this really the cause of her not getting the visa yet or any possible reasons? and what should we do? knowing that during her interview for the present spouse visa application, the consul asked her if she got any fiancee visa before, then she said NO.

Edited July 25, 2009 by greatsphinx07

[angelane 0]

based on my aunt's story, the consul back then (k-1 interview) insisted that it appears that it will fall under a fixed marriage eventhough it was not..then eventually the man loses interest on her until they didnt have any communication at all up to now..she didnt make any follow-up on that k-1 application since then..

when she married a US citizen around 6yrs ago (im not sure if it's 5 or 6 yrs ago), and the application for spouse visa came out, she didn't have in mind that the previous application would affect the present visa application..is this really the cause of her not getting the visa yet or any possible reasons? and what should we do? knowing that during her interview for the present spouse visa application, the consul asked her if she got any fiancee visa before, then she said NO.

thats her fault why she said no that the embassy has already the papers and record in the computer that she filed before a fiancee visa before so as i can advice to you that call the us embassy manila and let her fiancee visa before be cancel like mine i did go to embassy manila for the cancelation of my ex fianee and i did the letter request submitted to them i should cancel my fiancee visa because of some reason but please dont forget the make a letter of request why she need to cancel it ok or YOU CAN PRIVATE MESSAGE ME HERE OK i can advice you more ok take care goodluck to your new..

[angelane 0]

thats her fault why she said "no" the embassy didnt believe that because the embassy has already the papers and record in the computer that she filed before a fiancee visa all you can do is call the us embassy manila that you need to cancel the visa because of some reason and ask them what your going to do. coz my situation is i do call the us embassy manila after i call i really go to us embassy and i submitted a letter request why i cancel my visa so they stamp my letter request and my fiancee visa also that cancel so now i clear already my record to the embassy hoping and praying that they will forward my letter to nvc that i cancel i still waiting for the notice from nvc that i was cleared as far as i know that in my hand i receive a stamp already cancel but not yet receive the nvc notice that i was cleared.you can private message me here goodluck godbless

[Penguin_ie 5,996]

The previous denied visa has nothing to do with this.

I think you need to ask your aunt exactly what the question was at the spousal visa interview about the previous K1. It sounds to me like she was asked if she had previously applied for a visa and said No (as she didn't get it), and so the officer may have denied her for missrepresentation/ lying about the previous visa. When she was denied the spousal visa, she should have gotten a piece of paper with the reason for the denial, we need to know exactly what it says to be able to advise what to do.

[JimVaPhuong 4,863]

based on my aunt's story, the consul back then (k-1 interview) insisted that it appears that it will fall under a fixed marriage eventhough it was not..then eventually the man loses interest on her until they didnt have any communication at all up to now..she didnt make any follow-up on that k-1 application since then..

when she married a US citizen around 6yrs ago (im not sure if it's 5 or 6 yrs ago), and the application for spouse visa came out, she didn't have in mind that the previous application would affect the present visa application..is this really the cause of her not getting the visa yet or any possible reasons? and what should we do? knowing that during her interview for the present spouse visa application, the consul asked her if she got any fiancee visa before, then she said NO.

A spousal visa petition DOES make a previous fiancee petition INVALID, but it does NOT automatically stop processing on the fiancee petition. The petitioner would have to send a letter to USCIS withdrawing the petition in order to stop processing. USCIS often just lets the original approval of the petition expire, and stops processing it on their own.

You'll need to know the precise reason why the spousal visa was denied before anyone can give any educated advice. If they asked if she was ever APPROVED for a fiancee visa, then she could honestly answer no. If they asked if she ever APPLIED, then she'd be lying if she said no.

However, it IS possible that the original K1 petition is the reason for this. If it was denied because the CO was saying the relationship was a sham, then the denial constitutes an accusation of fraud. The petition is returned to USCIS with the presumption of misrepresentation. If her fiance in the US did not follow up on this, and failed to respond to the NOID or NOIR letter, then the presumption becomes fact. It would be entered into USCIS records that she IS guilty of visa fraud, and she would be banned. She probably wouldn't discover this until she showed up at the interview.

See if she has a copy of the denial notice from the Embassy, and post the exact text from the letter.

[Old Dominion 26]

This is in error. The USCIS contacts the petitioner after a denial of a visa, and the petitioner has 30 days to reply. If there is no reply, the original case goes into an inactive file where it is treated as if the case never really existed.

The problem with the K-3 denial must be something that arose during the interview.

[ziia 9]

based on my aunt's story, the consul back then (k-1 interview) insisted that it appears that it will fall under a fixed marriage eventhough it was not..then eventually the man loses interest on her until they didnt have any communication at all up to now..she didnt make any follow-up on that k-1 application since then..

when she married a US citizen around 6yrs ago (im not sure if it's 5 or 6 yrs ago), and the application for spouse visa came out, she didn't have in mind that the previous application would affect the present visa application..is this really the cause of her not getting the visa yet or any possible reasons? and what should we do? knowing that during her interview for the present spouse visa application, the consul asked her if she got any fiancee visa before, then she said NO.

Hi. Know this is my oppinion only and maybe a bit of speculation, non the less i'm trying to help.

Can you ask your aunt who helped her compete the immigration forms the secont time and if she had her interview in her native language or English? Does she have copies of the forms she submitted? Can she come here on this forum and talk to us?....I think we'd be able to advise her better if we found out from her how she answered to these two separate questions:

-Have you ever applied for a visa to US before?

-Have you ever been granted a visa to US before?

If she answered both with NO, that would be a lie and that would be enough reason to be denied the second time. If she answeared YES to the first question and NO to the second one, then it might be that her husband doesn't meet the requirements for the Affidavit of Support.

Take care

Edited July 25, 2009 by ziia