I need advice in advance of Getting Married

[Gene & Susan 1]

In August of 2009 I met my future wife online, and we hit it off splendidly. I went to see her in her country in October of 2009 and got engaged, I immediately filed a K-1 and in February of 2010 my application was approved. She went for her interview in late March and the interviewer did not feel she provided enough documentation of a valid relationship with me. He asked her for more and set another interview date for a week later. I feverishly collected more, and sent her as email attachments (for her to print out) as well as via FedEx close to 190 add'l pages of cell phone text records between us, limited emails between us and she already had a photo album of us together when I was there, lots of photos of me and her with her brother and sister, her dad, her grandmother, her aunts, etc. Well the interviewer was not convinced and denied her the visa. I immediately contacted my Senator and Congressman and basically they were useless. They did not respond in a timely manner, and only one contacted the embassy 2 months after the rejection. The embassy "claims" that the file is being sent back to the issuing agency, with a recommendation for rejection. I know I can "contest" this and with the passage of time we are continuing to amass more documentation of our relationship and I am going to see her again in about 8 days. Right now (close to 2 months after the interview) there is no indication the "file" has been sent back..I feel in limbo.

I am considering getting married to her when I visit and filing a K-3 or whatever is the best for a foreign spouse to immigrate. Is this the best choice, or should I wait out the unknown length of time until I can resolve the fiancee visa issue. I know I have a relationship, it is good, it is strong, and I am much better at documentation now.

I also have a question about the requirements (for a K-3 or CR-1 or such) of showing a commingling of resources. Since she will have not yet actually lived here in the USA with me, I'm not sure how that can be achieved? She is from Kenya and does not possess enough personal wealth to qualify for a tourist visa or anything.

Please advise...this uncertainty about "when" on the fiancee visa is just crazy. Who knows when the embassy will send the file back. As I have said, my politicians are just worthless in this, it seems.

[pushbrk 12,883]

In August of 2009 I met my future wife online, and we hit it off splendidly. I went to see her in her country in October of 2009 and got engaged, I immediately filed a K-1 and in February of 2010 my application was approved. She went for her interview in late March and the interviewer did not feel she provided enough documentation of a valid relationship with me. He asked her for more and set another interview date for a week later. I feverishly collected more, and sent her as email attachments (for her to print out) as well as via FedEx close to 190 add'l pages of cell phone text records between us, limited emails between us and she already had a photo album of us together when I was there, lots of photos of me and her with her brother and sister, her dad, her grandmother, her aunts, etc. Well the interviewer was not convinced and denied her the visa. I immediately contacted my Senator and Congressman and basically they were useless. They did not respond in a timely manner, and only one contacted the embassy 2 months after the rejection. The embassy "claims" that the file is being sent back to the issuing agency, with a recommendation for rejection. I know I can "contest" this and with the passage of time we are continuing to amass more documentation of our relationship and I am going to see her again in about 8 days. Right now (close to 2 months after the interview) there is no indication the "file" has been sent back..I feel in limbo.

I am considering getting married to her when I visit and filing a K-3 or whatever is the best for a foreign spouse to immigrate. Is this the best choice, or should I wait out the unknown length of time until I can resolve the fiancee visa issue. I know I have a relationship, it is good, it is strong, and I am much better at documentation now.

I also have a question about the requirements (for a K-3 or CR-1 or such) of showing a commingling of resources. Since she will have not yet actually lived here in the USA with me, I'm not sure how that can be achieved? She is from Kenya and does not possess enough personal wealth to qualify for a tourist visa or anything.

Please advise...this uncertainty about "when" on the fiancee visa is just crazy. Who knows when the embassy will send the file back. As I have said, my politicians are just worthless in this, it seems.

Was your petition processed in CA or VT? Sounds like you made only the one visit and probably for a short time and then she was not well prepared for the initial interview at a very difficult high fraud Consulate. If your case went through CA, they almost alway bypass any appeal by sending a notice their approval is expired. Vermont, usually gives you a chance to appeal but the Consular Officer will still make any visa decision based on everything they know about the case. You may well be better off to deal with the issues that caused the denial, probably by spending more time together and marrying when you do. Then file an I-130 to take the CR1 route. K3 is dead.

[Gene & Susan 1]

Was your petition processed in CA or VT? Sounds like you made only the one visit and probably for a short time and then she was not well prepared for the initial interview at a very difficult high fraud Consulate. If your case went through CA, they almost alway bypass any appeal by sending a notice their approval is expired. Vermont, usually gives you a chance to appeal but the Consular Officer will still make any visa decision based on everything they know about the case. You may well be better off to deal with the issues that caused the denial, probably by spending more time together and marrying when you do. Then file an I-130 to take the CR1 route. K3 is dead.

The case is through the Vermont Service Center.