Visa Denied, Devastated, Please HELP!!!

[Kathryn41 3,205]

I have removed two posts inappropriate to the discussion. As I have already issued a warning about 'attitude' , continuing to discuss the issue will derail this thread and be of no benefit to the OP. So, if you have nothing of use to contribute to the OP's benefit then please do not participate in this thread. Thank you.

Edited November 30, 2010 by Kathryn41

[luckytxn 2,264]

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.

The denied K-1 has to be addressed before any future visa can be ever successful whether they change it to a married one or another K-1.

[luckytxn 2,264]

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.

If you are allowed in a state to marry a cousin and then do so then move to Houston then you are fine. Texas or Houston does not have a immigration office that one goes through where one is questioned and have to prove anything in order to move from another state. Yes we do act like we do but we are not a country but a state.

[VanessaTony 3,567]

If you are allowed in a state to marry a cousin and then do so then move to Houston then you are fine. Texas or Houston does not have a immigration office that one goes through where one is questioned and have to prove anything in order to move from another state. Yes we do act like we do but we are not a country but a state.

I'm just remembering the issue of a girl who married her guy and thought no problem and applied for AOS to her spouse. Even though her marriage was valid in the state she got married in, USCIS didn't allow her spouse to get LPR because her home state didn't recognise her marriage (she had a 6 month waiting period from her divorce that she ignored). I believe her state's rules even said that as long as the marriage was legal in the state it happened in her state would recognise it but USCIS wouldn't budge.

Like I said, I would hope it will be okay. Maybe AOS is different to a CR-1 visa? But just making sure the person is aware that this COULD happen.

[asad 4]

I'm just remembering the issue of a girl who married her guy and thought no problem and applied for AOS to her spouse. Even though her marriage was valid in the state she got married in, USCIS didn't allow her spouse to get LPR because her home state didn't recognise her marriage (she had a 6 month waiting period from her divorce that she ignored). I believe her state's rules even said that as long as the marriage was legal in the state it happened in her state would recognise it but USCIS wouldn't budge.

Like I said, I would hope it will be okay. Maybe AOS is different to a CR-1 visa? But just making sure the person is aware that this COULD happen.

K1 gets fishy with this stuff. I know of people who didn't any problems, some who did. I should say, it the marriage should be valid in the state in which you intend to live.

Though, CR1 should avoid all this mess completely.

[Tero 105]

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!!!

I'd advise the you to go home and marry. Properly document the event (pictures, videos, witnesses ....even send a wedding invitation to the consulate staff members). If they are convinced you are related, another K-1 application will not change their mind since they were not ready to listen to your defense in the first place. Do not try thesame thing and expect a different result. Marriage sounds like a better way to convince them you are not related. Good luck, and please, use regular fonts next time as I developed a migrane just reading through the original post.

[sheenaspapi 18]

If you were married in Iowa then moved to Texas you are still married and rcognized as such. People are married from many different countries and their marraiges is recognized without question. I was married in Jamacia, Florida resident and the divorced in Kansas. Never in 12 years was it ever questioned. Texas must recognize any LEGAL marriage from any State or country.

[thelastpetitioner 218]

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...

even if it wasnt state based,its country based.us muslims and middle easterns dont mind or consider within family marriage illegal,that doesnt mean americans feel the save or have the same laws.

OP you should have taken a DNA test,thats what i would have done.

[Mochamich 7]

Very sorry to hear that. The best thing you can do is appeal the decision and do your absolute best to provide evidence that you are not related. Also don't pay attention to any negative post here. Stay positive and try again.

[Negrito Landrau 2]

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

They told me that I would receive a letter later on the mail. They also gave my fiancee a small yellow paper with different choices and the one checked says that the case would be sent back to USCIS. My finace told me that they were given that same paper to everyone (denied or approved) just that they check different according to the results.

[RICARDO4EVA2 194]

Wish the best for you... do as many have already told you... the family tree may require a lot of work BUT is the cheapest.. The DNA is probably the most effective BUT is costly.. you choose

Best of luck you you

Edited November 30, 2010 by RICARDO4EVA2

[DarlingNikki 7]

Very sorry to hear that. The best thing you can do is appeal the decision and do your absolute best to provide evidence that you are not related. Also don't pay attention to any negative post here. Stay positive and try again.

You have received some useful responses (such as this one). Unfrotunately, you dont know what they are using as evidence so you can't combat that. However, appealing the decision and supplying ample evidence to negate what they consider fact is the only option at this point. Good luck.

[Gary and Alla 3,694]

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!!!

Then there is something they are not telling YOU. At least not at this point. Go back to getting married and filing for a CR-1

[Aztec&Taino 144]

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.

First of all, I am very, very sorry to know this bad news. I was very much looking forward to congratulating you!

I agree with Kathryn's post. It seems worthwhile to go ahead and trace both of your family trees and show your family members' birth certificates to prove you are not related. Perhaps some of the issues that made the "picture" problematic are:

- You are both quite young and not financially independent (if I remember correctly, your mother was a co-sponsor, right?)

- You met on Facebook not very long ago.

- I am assuming you, too, are Dominican or if not Dominican born, you have family ties to the Dominican Republic.

- The Dominican Republic is one of the highest fraud consulates in the world. Sharing a common last name obviously raised a red flag and pointed in this direction.

- The Dominican Republic is only second in volume of cases in whole world. Many, many dominicans wish to immigrate to the US.

- There might be something to Gary&Alla's suspicion, maybe the consulate knew something that they did not wish to disclose? Anything on your Facebook pages that they may have found out as a reason to deny you?

Again, I am very sorry about your situation. Since you are already in the DR I think the best route to take would be to get married and go ahead and file the I-130. Also, make sure to document your family trees with birth certificates as it has been suggested.

Best wishes as you choose Plan B...

Edited November 30, 2010 by Aztec&Taino

[Mr. K 8]

Wow, they denied based only on the same surname... ridiculous. They didn't want to give the visa in the first place. The U.S. is not the only (or best) place to live.