DENIED K-1 visa at the consulate

[Dayani 0]

Hello everyone i just posted my consulate review explaning our denial. I need to know what i should do going forward after getting denied for our k 1 visa.What are my option? Should we just get married now that we have the time to do so? Can we reapply with a spousal visa?

[sweetnovember29 0]

can i ask why you were denied?

[Girl from Celebes 588]

Hello everyone i just posted my consulate review explaning our denial. I need to know what i should do going forward after getting denied for our k 1 visa.What are my option? Should we just get married now that we have the time to do so? Can we reapply with a spousal visa?

OMG, I already read your embassy review and made me jaw dropping because too shocked. Sorry to hear about denial. I hope another VJ's members can shed a light about the future process for both of you.

can i ask why you were denied?

Here the review.

Edited December 6, 2011 by Girl from Celebes

[Dayani 0]

Sure please look under the Dominican republic consulate review page and it is explained there. If you have any additional questions to ask me please fill free to ask away we are an open book.

[Bobby+Umit 161]

If they denied it with charges of smuggling/kidnapping - and the fear of trafficking (with the child) - getting married will not change this with the embassy.

You will have to prove these charges (or lack of) are not true, and go from there.

The other real big killer is misrepresentation - (submitting false information) - that has dire affect on visa issuance - since it's your word against theirs, you will have to overcome that somehow.

A lawyer would be helpful, the USC should also contact their senator for help.

Question - did you provide evidence that you were not convicted of that charge? or were you just going with it not being listed as being convicted? They are two different things you know.

[Barbie_Vazquez 10]

Wow I am sorry to hear this...I have the same issue. My fiance speaks french, spanish and creole. No english. I speak a little spanish. I also use google translator to translate his text messages. I don't think it would be a good idea for me to go with him to his interview because of this reason. Now after reading your review I am definitely not going.

[Dayani 0]

Let me go further in explaining things to date so that the readers can get a full perspective on my situation so that me and my fiance can get the help we need. The situation from my visa denial (2nd degree kidnapping charge) Started as follows: I was married and came home early from work around midnight because i worked the 7pm to 7am shift. We lived at the end of a cul de sac so i could see that it was a truck in my driveway that i didn't recognize. So when i start to open the front door at the same time the door was being open by this guy seeming to be on his way out. My* wife (*at that time) was next to him walking him out. I ask my *wife who is this and at the same time he was trying to get by me to leave out the door so i step to the side a little for him and also gave him a right hook to follow. He fell to the ground and while fighting he ran to his truck and drove off dropping photos of my*wife on the way(NON Graphic). So i go back in the house and while arguing about what just happened i asked where is our baby because the only reason i came home early in the first place was because our infant child was sick and i wanted to get home early so that my *wife could get some sleep before having to have to get up for work in the morning.

So i go upstairs to our room and i don't see our child on the bed..I look behind the bed and our baby roled off the bed landing in the back so by this time theother three children are awake(all teenagers) So while she is entertaining or whatever our infant child is behind the bed. I called my brother because he is a police officer and he is my older brother and i needed him over there to keep thing civil and to ask him what i should do. He comes over and talks to both of us and after thing calmed down i slept in the guest room with two of my kids..Two days later while i was at work she sent the police to my job for an arrest due to domesic battery and 2nd degree kidnapping.. In our state and our county if a female says that you hit them you will automaticly be arrested (Hence 2days later after the alledged incadent)When i finaly got to read the report She said i dragged her upstairs to our room and started hitting her(WOW) First of all we have 9Ft ceilings so our steps are really steep AND narrow I'm 6'2 200 and my *wife is 5'7 140 can you say slipped disc or the walls to the steps would have been damaged.

This is why they charged me with 2nd degree kidnapping(Moving a person from one point to another involuntary within the same dwelling..Something the consulate lady clearly didn't understand...Anyway because my teenage children and my brother was witness to this she DROPPED the charges....We got divorced and after about a year and a half i set up dates to go on in the DR thru this website and that how i met Yani.

I met her in september of 2008. We got engaged in dec 2008 and in june of this year i started the k-1 process. I fully support and love her and her son Chanel.

Giving up is not an option so please guys help me with our situation with your advice.

These laws are created to protect women and i fully support that but it's ashame when you have some ladies taking advantage and not being punished for filing false claims. Any other questions please ask.

[Dayani 0]

If they denied it with charges of smuggling/kidnapping - and the fear of trafficking (with the child) - getting married will not change this with the embassy.

You will have to prove these charges (or lack of) are not true, and go from there.

The other real big killer is misrepresentation - (submitting false information) - that has dire affect on visa issuance - since it's your word against theirs, you will have to overcome that somehow.

A lawyer would be helpful, the USC should also contact their senator for help.

Question - did you provide evidence that you were not convicted of that charge? or were you just going with it not being listed as being convicted? They are two different things you know.

To whom do i prove these charges where dismissed? I don't know about the misrepresentation or where she was getting that from. I do have copies of me paying the websites for there assistance in the dating sevice.

I will contact my senators office and seek an immigration lawyers..Thank you

I have to contact my lawyer office to get the info of the charges being dismissed or the couty clerks office i think

[Matt1968 13]

To whom do i prove these charges where dismissed? I don't know about the misrepresentation or where she was getting that from. I do have copies of me paying the websites for there assistance in the dating sevice.

I will contact my senators office and seek an immigration lawyers..Thank you

I have to contact my lawyer office to get the info of the charges being dismissed or the couty clerks office i think

Is there a way to read the review in english?

Edited December 7, 2011 by Matt1968

[Inky 1,110]

Is there a way to read the review in english?

The review is in English? I just read it, make sure your looking at the correct post, you might be mixing it up with the very long post that was an approval thats in a different language.

[Caramel 3]

To whom do i prove these charges where dismissed? I don't know about the misrepresentation or where she was getting that from. I do have copies of me paying the websites for there assistance in the dating sevice.

I will contact my senators office and seek an immigration lawyers..Thank you

I have to contact my lawyer office to get the info of the charges being dismissed or the couty clerks office i think

What about your Police brother he can't steer you in the right direction?

[brian_n_phuong 193]

Very serious charges. Doubt if this can be accomplished using self-help. An good immigration attorney, and one experienced in the DR legal system may be your only route.

Edited December 7, 2011 by Brian_N_Phuong

[carolynhotstuff 252]

I am so sorry about what happened at the interview. Get a good immigration lawyer ASAP.

[naijaboy 16]

get a good lawyer its worth the money! sorry to hear this and good luck

[KittyPollitt 284]

Aside from the details of this case- when cases are denied, they're sent back to the States for review. With K1 cases, unfortunately most petitions expire before they ever reach the review stage. That being said, preparing a rebuttal now is still a good idea. Charges not resulting in conviction cannot be held against you for ANY purpose- not by potential employers, not by judges, and not by immigration. Getting a copy of your FBI criminal record, as well as the case file for your dismissed case are a great place to start. Any evidence you gather can be used when refiling another K1, or filing a spousal visa down the road, even if your present petition expires before review.

It's understandable that you'd be outraged by the position you've unjustly been placed in. Outrage won't change anything unless you channel the energy to good use on your behalf.

Good luck with everything!

Sarah