Visa Denied, Devastated, Please HELP!!!

[luckytxn 2,264]

Ok, I failed on not thinking about the BC of our mothers but I am NOT hiding anything here. I am telling the truth. And if I do not put more attention to this was because like YOU, I also thought that that was a preposterous reason to be denied. No, they did not ask me to provide evidence they just told us we were lying and they did not even wanted to hear what we had to say. And, yes way, we were denied just for that. I even told him to have a DNA test if he wanted. And when he said he had evidence that we were family I asked him to show me those evidence and his answer was: "I am not going into that", you know why? Because he had NOTHING!, because WE ARE NOT related!!!

They hand out a sheet of paper with the reason noted on why you were denied. What did that say?

[skyler23 0]

Do you happen to have a lawyer? Just wondering because I'm trying to get my visa for the U.s and I know we have one. Might be a good step to take. Lawyers sometimes have some pull. Wish there was more I could say other than trying to appeal it. Come up with some good proof you are not related and go from there. GL

[Zava 1]

I should also mention I noticed the common Grandparents when I was 6 years old at Thanksgiving dinner. "Hey...my COUSIN calls the same people Grandma and Grandpa that I do! Holy Moley!"

Talking about the past. My fiance and I are former classmates and best friends. Ages later we met again and We are in love now and can't wait to marry. Could our past be an issue for the consul during the interview?

[Zava 1]

How does their birth certificates prove we are not related? Here we are talking about a Latin country where over there they use two lastnames. The last name we have in commom is the 2nd last name (last name from your mom side) This will appear in my mom's BC and on the BC of my fiance's mom. Please explain me how this would have saved us. Thanks.

I am so truly sorry for you

[Kathryn41 3,205]

Being sarcastic or insulting does not help the OP and detracts from the valid points in your comments. There is no need for 'attitude' when answering a simple request for help in understanding what has happened and what to do next.

____________________________________

Moderator hat off now . . .

You can refile for another K-1 visa but it is unlikely to be approved unless you can address their issue of relationship. It does seem ridiculous, but since that is the route they have chosen to go, you need to address it whether you wish to pursue another K-1 or go ahead, get married and pursue a CR-1 spousal visa.

Collect your evidence. Definitely put together a 'family tree' showing the full names, date and place of births and if applicable, dates of death for your parents and grandparents. List as well any brothers and sisters your parents, and each grandparent has/had. If you have date of births for them as well, very good. The more complete you can make this the better it will serve you. Do the same thing with your fiancee's family. Any relationship farther back than that is not a significant degree of consanguinity and should definitely not be applicable. Regardless, you have stated there is no relationship so going back 2 generations will reinforce your statement. If you have copies of birth certificates for any of the individuals listed, get photocopies of those as well.

You can also, if you wish to spend the money, have DNA tests done on both your fiancee and yourself showing the degree of relationship, if any, that exists genetically. This is virtually foolproof evidence that there is no relationship, especially as USCIS/DOS accepts DNA to prove when there is relationship and often requests it for certain family sponsorships.

You can try pursuing another K-1 with this information, or you can get married in the Dominican Republic and re-apply for a CR-1 spousal visa. If the Consulate's concern was that you were related and that is why you were pursuing immigration, then providing evidence to the contrary should be sufficient. No, it isn't fair and unfortunately there doesn't seem to be many options to call out a Consulate when staff behave like this, so the best thing to do is to beat them at their own game. Try to think of it as the road taking a detour but you are going to end up in the same place in the long run.

Good luck to you.

[NVC FAN :( 18]

before i feel sorry for you, i would have to be satisfied that you are NOT related, and that your not using the k1 visa to get a sibling into the country in 6 months instead of 6 years!

my wife really wishes sister would be here with us also or even her brother

[Rebecca Jo 1,962]

Talking about the past. My fiance and I are former classmates and best friends. Ages later we met again and We are in love now and can't wait to marry. Could our past be an issue for the consul during the interview?

Not in the Ukraine.

[Zava 1]

Not in the Ukraine.

Thank You for the answer.

[Used to be broken 147]

Ok, I failed on not thinking about the BC of our mothers but I am NOT hiding anything here. I am telling the truth. And if I do not put more attention to this was because like YOU, I also thought that that was a preposterous reason to be denied. No, they did not ask me to provide evidence they just told us we were lying and they did not even wanted to hear what we had to say. And, yes way, we were denied just for that. I even told him to have a DNA test if he wanted. And when he said he had evidence that we were family I asked him to show me those evidence and his answer was: "I am not going into that", you know why? Because he had NOTHING!, because WE ARE NOT related!!!

? Here is your clue... not heard of this in the carribean consulates but definitely in the african consulates, they make phone calls or someone in the Embassy staff knew the family or some odd ball information that made them think this and take a stance, so much so by your own account they kept you from 6 am to 4pm trying to get a confession out of one of you.

All that is water under the proverbial bridge now, and you have vented your anger in large font typing, so get to work on the family tree like other posters have advised and prove your case. If you are still in country try to scrounge everyone's birth certificates or signed affadavit's from both mothers and other family members. Birth certificates will work best in this case.

[asad 4]

You all must realize that marrying your cousin is not a grounds for denial. I have gone over this very clearly with my lawyer as it is my situation. The K-1 should have been fine so long as the state in which you intended to wed in allows first-cousin marriage. Because I live in Texas, a state which forbids such matrimony, I chose to go the CR-1 route, which recognizes a marriage so long as it is legal in the beneficiary's country.

The only problem that should arise is 1) the state in which you intend to wed and 2) proving that your relationship with your "suspected" family member is, indeed, valid.

I would really be sure and clear that the reason for denial is because you are suspected to be cousins. Because like I said, first-cousin marriage is not a reason for denial unless the above stated are part of your situation.

It might be something else...

[luckytxn 2,264]

You all must realize that marrying your cousin is not a grounds for denial. I have gone over this very clearly with my lawyer as it is my situation. The K-1 should have been fine so long as the state in which you intended to wed in allows first-cousin marriage. Because I live in Texas, a state which forbids such matrimony, I chose to go the CR-1 route, which recognizes a marriage so long as it is legal in the beneficiary's country.

The only problem that should arise is 1) the state in which you intend to wed and 2) proving that your relationship with your "suspected" family member is, indeed, valid.

I would really be sure and clear that the reason for denial is because you are suspected to be cousins. Because like I said, first-cousin marriage is not a reason for denial unless the above stated are part of your situation.

It might be something else...

Texas does forbid marriage between first cousins and will not allow it but since you are married they will not say anything because you do not have to prove you are not blood relatives to move to Texas. They can deny a visa if they think they are cousins though and apply for a fiancee visa.

[George & Gina 29]

Try making your font bigger so we can see

I actually appreciate the larger font.

[AM1620 4]

You should contact your congressman. They are there to help you and in some cases can have a lot of influence. It's worth a try!

Edited November 30, 2010 by AM1620

[VanessaTony 3,567]

You all must realize that marrying your cousin is not a grounds for denial. I have gone over this very clearly with my lawyer as it is my situation. The K-1 should have been fine so long as the state in which you intended to wed in allows first-cousin marriage. Because I live in Texas, a state which forbids such matrimony, I chose to go the CR-1 route, which recognizes a marriage so long as it is legal in the beneficiary's country.

The only problem that should arise is 1) the state in which you intend to wed and 2) proving that your relationship with your "suspected" family member is, indeed, valid.

I would really be sure and clear that the reason for denial is because you are suspected to be cousins. Because like I said, first-cousin marriage is not a reason for denial unless the above stated are part of your situation.

It might be something else...

This is quite interesting because it's not what I've been told/read. The state you LIVE in must recognise the union is the understanding I had.

For instance, Iowa allows first-cousion marriages, yet if i lived in Houston, they would not consider us married, therefore I would be denied a visa to live in a state where my spouse isn't my spouse. Of course I could be wrong and I hope for your sake I am.. but there you go.

[crazybanana 1]

they can denied you if you smell bad or they don't like the way you look. they won't say that, but it's all within their power to do so. you're not the only one. get married, hire a lawyer and start over with I-130 petition. stop wasting time over a denied K-1.