Can they flat out Deny K-1 ????

[US_SL 2]

Covered in my second post. Nothing a Senator can do now. Nothing wrong with introducing yourself though.

Thnaks. Why am i so impatient? Crazy...thanks for keeping up with me.

[Gary and Alla 3,694]

Thnaks. Why am i so impatient? Crazy...thanks for keeping up with me.

Seems normal to worry. We did, and we had NOTHING to worry about. Stayed up all night the night before and went over all the documents with Alla in the room. Again and again. Then had a "no questions asked" interview! It was one of those "I shaved my legs for THIS?" moments in life. I like to think that all my preapration, checking and double checking resulted in a good result. You won't change my mind.

The only thing you can do, and only YOU can do it, is prepare your fiancee with the facts so she is not surpirsed or seems like she doesn't know things about you, which someone in a legitimate relationshop should know.

Edited October 4, 2010 by Gary and Alla

[daboyz 36]

Thnaks. Why am i so impatient? Crazy...thanks for keeping up with me.

Gary is right. The Senator thing is waste of time.

[JimVaPhuong 4,863]

I think you are confusing the issue of "frontloading" a petition. The theory (and that is all it is) is that a consulate cannot refuse to CONSIDER evidence of relationship which was submitted with the petition. There are some consulates that have a reputation or high incidence of refusing to accept evicence of relationship at the interview and then denying visa applicants based on "lack of evidence". This is why some people advise "fromtloading" a petition with evidence if possible, if you had a relationship for any period before petitioning.

This theory comes from the foreign affairs manual.

As long as there is an approved petition, the beneficiary is eligible to apply for a visa. If the consulate denies the visa without doing anything about the approved petition then the beneficiary could simply submit another visa application and try again. In order to stop this, the consulate tries to get the approval of the petition revoked. They can't do this themselves, so they send the petition back to USCIS with the recommendation that the approval be revoked. This is where the foreign affairs manual comes in. The reason for returning the petition must either be because they believe USCIS clearly erred when they approved the petition (i.e., the adjudicator missed something), or because the consulate has discovered evidence that would have resulted in the petition being denied if USCIS had known about it.

This doesn't really mean that the consulate can't refuse to consider frontloaded evidence. They can, and they do. It means the consulate can't cite something that was disclosed in frontloaded evidence and claim that USCIS didn't know about it when the petition was approved. If they cite such evidence as a reason for denial then they must also be saying that USCIS erred when it approved the petition. This does happen, so frontloading evidence is no guarantee that it won't be a reason for the visa being denied, but it does help take some ammunition away from the consular officer.

[SuperDuper! 230]

NO. YES. Huh?

NO, they cannot deny you because you were married when you got involved, no one has ever been denied for that and it is not moral turpitude.

They CAN deny you for not being eligible or not having a legitimate relationshp and they can use all sorts of reasons for that decision. "Not clearly eligible" is a common denial reason.

I doubt they would do so.

Care to rethink that? They can do whatever they want. Ever heard of the saying, "Ya cant fight city hall?" Know the meaning of that? Really,

[Gary and Alla 3,694]

This theory comes from the foreign affairs manual.

As long as there is an approved petition, the beneficiary is eligible to apply for a visa. If the consulate denies the visa without doing anything about the approved petition then the beneficiary could simply submit another visa application and try again. In order to stop this, the consulate tries to get the approval of the petition revoked. They can't do this themselves, so they send the petition back to USCIS with the recommendation that the approval be revoked. This is where the foreign affairs manual comes in. The reason for returning the petition must either be because they believe USCIS clearly erred when they approved the petition (i.e., the adjudicator missed something), or because the consulate has discovered evidence that would have resulted in the petition being denied if USCIS had known about it.

This doesn't really mean that the consulate can't refuse to consider frontloaded evidence. They can, and they do. It means the consulate can't cite something that was disclosed in frontloaded evidence and claim that USCIS didn't know about it when the petition was approved. If they cite such evidence as a reason for denial then they must also be saying that USCIS erred when it approved the petition. This does happen, so frontloading evidence is no guarantee that it won't be a reason for the visa being denied, but it does help take some ammunition away from the consular officer.

Probably a more precise description. In this case, had he disclosed he was still married when the re;ationship began and USCIS approved the petition, the consulate could not cite that as a reason for the denial. Well and good, except it is highly unlikely (not to say impossible) that the consulate would cite that reason in any case. Reason for denial? "Petitioner was still married when he met the beneficiary" Nope. I don't see it happening. Besides, that would in no way be a hindrance to an approved petition so why would USCIS deny the petition even if they know about it?

while it is an interesting acedmic discussion, I don't think it is anything the OP can do anything about except prepare his fiancee for the worst and hope for the best.

[Gary and Alla 3,694]

Care to rethink that? They can do whatever they want. Ever heard of the saying, "Ya cant fight city hall?" Know the meaning of that? Really,

Actually I thought it over well. While it is true they can deny for whatever reason they want or no reason(and I said so) they usually use a vague and broad reason. Harder to fight city hall when city hall won't tell you what you are really fighting.

I think my responses have all been pretty clear. YES they can deny your visa.

[US_SL 2]

Seems normal to worry. We did, and we had NOTHING to worry about. Stayed up all night the night before and went over all the documents with Alla in the room. Again and again. Then had a "no questions asked" interview! It was one of those "I shaved my legs for THIS?" moments in life. I like to think that all my preapration, checking and double checking resulted in a good result. You won't change my mind.

The only thing you can do, and only YOU can do it, is prepare your fiancee with the facts so she is not surpirsed or seems like she doesn't know things about you, which someone in a legitimate relationshop should know.

I guess i am thinking the worse and be prepared. That's why i decided to meet with senators office in case of a denial. This is the deal: My worry is they think that my previous marriage was a sham (even though i was married for 7 years and it took her 4.5 years to come here due to STUPID IMMIGRATION VISA NUMBER AVAILABILITY). So, my kind of only way to prove it was not a sham marriage was the big wedding album, pictures from wedding and extreemely sweet divorce settlement. Why would i give a divorce settlement if it was sham. And we both wasted 7 years of our lifes plus financially i was drowned. So, i just need to point those facts by senators office to the senior counsel IN CASE of a refusal which gives the case a total different outlook. My fiancee is very confident of talking. She has travelled almost to 43 countries (she was an air hostess) plus her ex husband was german and they travlled a lot. so, we have some good cards on our sides as well. Because not many SL girls marry foreighners and get divorce. Our ages are good as i am 36 and she is 34. I know Gary you might eb tired answering my questions but i really value your comments of course others insight as well.

[Gary and Alla 3,694]

I guess i am thinking the worse and be prepared. That's why i decided to meet with senators office in case of a denial. This is the deal: My worry is they think that my previous marriage was a sham (even though i was married for 7 years and it took her 4.5 years to come here due to STUPID IMMIGRATION VISA NUMBER AVAILABILITY). So, my kind of only way to prove it was not a sham marriage was the big wedding album, pictures from wedding and extreemely sweet divorce settlement. Why would i give a divorce settlement if it was sham. And we both wasted 7 years of our lifes plus financially i was drowned. So, i just need to point those facts by senators office to the senior counsel IN CASE of a refusal which gives the case a total different outlook. My fiancee is very confident of talking. She has travelled almost to 43 countries (she was an air hostess) plus her ex husband was german and they travlled a lot. so, we have some good cards on our sides as well. Because not many SL girls marry foreighners and get divorce. Our ages are good as i am 36 and she is 34. I know Gary you might eb tired answering my questions but i really value your comments of course others insight as well.

The people you are dealing with are preety hard core when it comes to fraud. anyone can make photos...so what? IF it had been a sham marriage for immigration benefits, whoy wouldn't you have an easy divorece settlement? That would have BEEN THE PLAN of a fraud marriage. And it doesn;t matter what a divorce settlement SAYS, it is what it does that counts. I mean you could have a settlement that says "I will pay her $2000 per month forever" Pretty sweet. Are you doing it or is that a fraud also?

I just sent my wifes ROC package and included exactly -0- photos. NONE. NO affidavits from friends. Why? Because a personal friend of mine, the manager of the I-751 department that will handle her ROC at VSC, told me they do not care about photos or affidavits from friends. Such would be the FIRST thing a fraud marriage would produce. If someone had a fraud marriage and wanted to prove to me it was real, how would they do it? Photos. Anyone can borrow a wedding dress and take photos, big deal.

You need to convince them THIS relationship is REAL, not that the last one wasn't a fraud. Stop trying to prove a negative in ancient history, for one thing you CAN'T and for another, it doesn't matter!

Prepare THIS fiancee to answer the questions she will be asked.

Edited October 4, 2010 by Gary and Alla

[US_SL 2]

The people you are dealing with are preety hard core when it comes to fraud. anyone can make photos...so what? IF it had been a sham marriage for immigration benefits, whoy wouldn't you have an easy divorece settlement? That would have BEEN THE PLAN of a fraud marriage. And it doesn;t matter what a divorce settlement SAYS, it is what it does that counts. I mean you could have a settlement that says "I will pay her $2000 per month forever" Pretty sweet. Are you doing it or is that a fraud also?

I just sent my wifes ROC package and included exactly -0- photos. NONE. NO affidavits from friends. Why? Because a personal friend of mine, the manager of the I-751 department that will handle her ROC at VSC, told me they do not care about photos or affidavits from friends. Such would be the FIRST thing a fraud marriage would produce. If someone had a fraud marriage and wanted to prove to me it was real, how would they do it? Photos. Anyone can borrow a wedding dress and take photos, big deal.

You need to convince them THIS relationship is REAL, not that the last one wasn't a fraud. Stop trying to prove a negative in ancient history, for one thing you CAN'T and for another, it doesn't matter!

Prepare THIS fiancee to answer the questions she will be asked.

Thanks Gary.

My divorce settlement is final and paid off already and finalized all in July this year. Car, 6K, piece of land in SL.Pretty nice for a lady who really didn't have a marriage huh! It was all an unfortunate marriage should not have ahappened teh first palce. One of those arrange marriages took place 7 years ago. Biggest mistake of my life and the best EVER decision to divorce for both our lives sake.