Denied in Cambodia in January interview

[Randal and Sokha 0]

Hello everyone, My fiance and I had the interview the first of January. I have an attorney and everything looked good to me. But, they called us a sham and denied our visa. I'm very depressed that this happened. My question is this. Should I, and Can I go ahead and re-apply for K1. Or, should I wait this thing out to see if I can appeal with any success. I don't even know exactly why it happened. How, or can I find out exactly why. I did go with her to the interview and probably shouldn't have. We had ample phone records, and proof of meeting and relationship. However, only phone records. no facebook, no skype etc.. So now I have skype and facebook to add to our evidence next time. I did previously have a fiance visa pass for another girl but this was about 5 years ago. She came to usa and just couldn't stay for saddness of being away from her family. So, she showed up and wrote a letter and signed it during this denial for me. Very nice of her. And was even willing to go talk to embassy. embassy did keep her letter but didn't want to talk with her. I don't know if my prior fiance was the reason, or if my fiance just messed up in the interview. Anyway, what to do now. I'm lost. do I just send a new 129 in now, or wait. Help please. Randal

[GrayL 47]

Gosh, I don't know what to suggest, but I did want to pass on my commiserations.

Sorry this happened :crying:

[Xanax 349]

"they called us a sham"

What was the stated reason for denial? You need to know why you were denied before you can proceed. You may be able to appeal, you may have to resubmit another petition.

[brian_n_phuong 193]

Hello everyone, My fiance and I had the interview the first of January.

The consulate in Phnom Penh was closed on 1 Jan (Sunday), and also was closed 2 Jan (Federal Holiday) ?

[Davy and Todd 0]

The consulate in Phnom Penh was closed on 1 Jan (Sunday), and also was closed 2 Jan (Federal Holiday) ?

interview was december 28. I was in phnom penh for three weeks. Sorry for saying first of Jan, i'm kinda mind boggled from all this at the moment. Now, what do i do is the question.

[Davy and Todd 0]

"they called us a sham"

What was the stated reason for denial? You need to know why you were denied before you can proceed. You may be able to appeal, you may have to resubmit another petition.

Thank you for your advice. Yes I figured I should wait. I have heard from one person that it can take a very long time to appeal and probably should go ahead and re-file. that's why I came on here. this person confused me. Said appeals can take two years! Thanks for the help

[Davy and Todd 0]

Gosh, I don't know what to suggest, but I did want to pass on my commiserations.

Sorry this happened :crying:

Edited February 19, 2012 by Davy and Todd

[Hank_ 9,174]

If I am not mistaken they charge $630 for you to appeal. New I-129f $340....

Still you need to wait for your "official" notice to know the actual details and options.

[Randal and Sokha 0]

Gosh, I don't know what to suggest, but I did want to pass on my commiserations.

Sorry this happened :crying:

Thank you. I appreciate the sorrow. it's been a nightmare. My friend helped me get on here today and he responded just now under his own login name haha. sorry for any confusion. I'm just learning to use this and he's teaching me.

[Randal and Sokha 0]

If I am not mistaken they charge $630 for you to appeal. New I-129f $340....

Still you need to wait for your "official" notice to know the actual details and options.

Thank you, and do you have any knowledge of which would be a better way as for speed of process and success rate in the end? I'm sure that depends on complexity of each case but just asking. I didn't know about the 630, so thanks for that tid bit for sure.

[Randal and Sokha 0]

interview was december 28. I was in phnom penh for three weeks. Sorry for saying first of Jan, i'm kinda mind boggled from all this at the moment. Now, what do i do is the question.

My friend Todd helped me start my page tonight. we forgot and were replying under his login, sorry for confusion. Do you know how long it will take to get an official response as to why I was denied. I have heard so many conflicting things which is why I am on here now. Thanks

[Ning 619]

Hello everyone, My fiance and I had the interview the first of January. I have an attorney and everything looked good to me. But, they called us a sham and denied our visa. I'm very depressed that this happened. My question is this. Should I, and Can I go ahead and re-apply for K1. Or, should I wait this thing out to see if I can appeal with any success. I don't even know exactly why it happened. How, or can I find out exactly why. I did go with her to the interview and probably shouldn't have. We had ample phone records, and proof of meeting and relationship. However, only phone records. no facebook, no skype etc.. So now I have skype and facebook to add to our evidence next time. I did previously have a fiance visa pass for another girl but this was about 5 years ago. She came to usa and just couldn't stay for saddness of being away from her family. So, she showed up and wrote a letter and signed it during this denial for me. Very nice of her. And was even willing to go talk to embassy. embassy did keep her letter but didn't want to talk with her. I don't know if my prior fiance was the reason, or if my fiance just messed up in the interview. Anyway, what to do now. I'm lost. do I just send a new 129 in now, or wait. Help please. Randal

Sorry this happened to you but this is pretty normal for Cambodia. Its a very difficult place to do what you tried to do. Not because you did anything wrong but due to the past history of the place.

Forget the idea of appealing. If you try again you can expect the same result unless there are huge changes in the circumstances.

You will need to re think the whole idea of what you want to do. If you are certian this is what you want form a plan that includes marrying her in Cambodia & then use the C R 1 process to obtain her visa. This will require a long term commitment and a huge investment in time & money. The end result should be what you expect.

You will need advise from those with direct experiance with Cambodia to succeed. Find that portal here on V J.

[SuperDuper! 230]

If I am not mistaken they charge $630 for you to appeal.

WOW! That is not chump change! Definitely a barrier to entry for all weak appeals. A man must be very confident for appeal if he is willing to throw this much dough at it.

GO OP!

[JimVaPhuong 4,863]

If I am not mistaken they charge $630 for you to appeal. New I-129f $340....

Still you need to wait for your "official" notice to know the actual details and options.

It's $630 to file an I-290B to appeal a decision by USCIS. However, it's not possible to appeal a decision by a consular officer. A consular officer's decisions are not subject to review by anyone - not a judge, not the Secretary of State, not even the President. This is meant to ensure that a consular officer's decisions, which are largely discretionary, are not subject to political pressure.

The consulate will send the petition back to USCIS via NVC. USCIS can either refuse to reconsider the returned petition and simply allow it to expire, or they can readjudicate it based on the consular officer's accusations. The California Service Center is likely to just allow it to expire. The Vermont Service Center is more likely to readjudicate it. His petition will go back to VSC, since that's the service center that originally approved the petition.

He can't file another I-129F petition until a decision has been made on the current petition. You can't have two petitions of the same type from the same petitioner for the same beneficiary at the same time. If VSC decides to readjudicate the petition then he's either got to wait for a decision, or get married and file an I-130 for his new wife. VSC would either decide they don't agree with the consular officer and reaffirm the approval of the petition, or decide they agree with the consular officer and send the petitioner a Notice Of Intent to Revoke, or NOIR. If they reaffirm then the petition will go back to the consulate for another interview unless they've gotten married and filed an I-130.

Now, if they send a NOIR then THAT will be his opportunity to counter the accusations made the consular officer. It's not really an appeal because there's nothing to appeal yet - the consular officer's decision can't be appealed, and USCIS hasn't made a decision on the recommendation to revoke yet. If he gets a NOIR then it's essential he respond with all of the evidence he has. The consular officer has said they believe the relationship is a sham, so the consular officer has accused the beneficiary of fraud. If USCIS revokes the approval of the petition then his fiancee effectively becomes guilty of fraud, and won't get a visa without an I-601 waiver for the fraud.

Marc Ellis is an immigration lawyer who lives and works in Saigon. He's written an excellent article about this scenario:

http://www.ilw.com/articles/2010,0713-ellis.shtm

[Rufus2012 175]

I don't think the absence of Skype and facebook evidence, when you had phone records, should have been a problem. Perhaps if you give some more details on the questions asked others may have a more informed insight about the CO's thinking when rejecting you.

Sorry to hear about this, btw.