Visa K3 Dinied now what??

[Yodrak 7]

naony,

Time to have a consultation with an immigration lawyer, one who does family-based immigration work and who also has experience with cases in the Dominican Republic, to find out what the weaknesses of your case might be and make a plan of action to deal with your problem.

Or to recognize that the consular officer may have come to the correct conclusion, pack your bags, and you move to the Dominican Republic.

Yodrak

I'm not sure if what i got is that letter you are talking about

the officer gave me a yellow letter in spanish and the only thing mark is your case will be return immigration services and thothing else was mark

Edited October 11, 2006 by Yodrak

[naony 0]

yeah moving has been on my mind from that day foward

[twood2k 0]

in my eyes, you are either married or not married and that is determined by a legal document. Im guessing the I-130 will have no problems.. but who knows.

If the consulates agreed with you, there would be many more marriages for immigration purposes only. The problems encountered with the K-3 interview will not be decreased with the I-130 interview.

So what you are saying is that this may have not been a legit relationship and the consul determined this by asking trick questions even tho their was a legal marriage certificate?

Well, if they learn from their mistakes from this interview then the I-130 interview should go fine, yes?

I'm not saying anything about this relationship. I'm saying your reasoning is flawed.

No its not... you simply dont understand.

[Reba 2]

AFAIK, from other similar circumstances, the I-130 continues as it should, its not contingent upon the I-129F and K3 continuing. The consul however will consider the same evidence at the interview for the CR1 as they did for the K3. If you can't convince them at that second interview that you actually do have a bonafide marriage, then she'll be denied again.

A consult with an immigration lawyer might be a good idea.

[Libersolis 0]

I am still waiting to find out WHY they decided the marriage wasn't legit. I am sure they gave your wife some reasoning, or perhaps she was able to deduce this herself based on the questions asked.

If you are going through this again and don't have a better plan then you probably SHOULD start packing.

Please explain the details.

[morocco4ever 63]

I'm not sure if what i got is that letter you are talking about

the officer gave me a yellow letter in spanish and the only thing mark is your case will be return immigration services and thothing else was mark

Okay, well I am going to have to assume that what they are doing is sending it back to the Department of Homeland Securities. And more than likely it is based on the fact that they don't believe you have a real relationship.

You might want to contact your local congressman or senator for assistance on this. They can't make it go any faster, or influence decision, but what they can do is monitor the progress of your case to make sure it doesn't fall between the cracks. The second thing you will want to do is to file an FOIA with the department of state. Here is the link to that.

http://foia.state.gov/foiareq/foialetter.asp

You will need to sign a statement saying that "I am (your name), and you approve the release of information to (your fiance's name)". Under this you will write "Under penalty of purgery I certify the above information is true". Then you sign and date it. Send this to your fiance. Your fiance will also need to sign a statement that says "I am (your name), and I request, with the attached approval of my fiance (fiance's name), that you release all information to me. Below this you wll write "Under penalty of purger I certify that the above information is true". You will add this information to the form in the link (do not e-mail, this needs to be mailed) to:

Office of Information Programs and Services

A/ISS/IPS/RL

U. S. Department of State, SA-2

Washington, D. C. 20522-8100

This takes a long time to process. In fact, you might not get it back before they review your case, but the tips I have given you will help save some time.

Here is some links for you and your fiance to study to understand the procedure you are about to embark on.

http://travel.state.gov/visa/laws/telegram...grams_1388.html

http://www.immigrationlinks.com/news/news1894.htm

http://travel.state.gov/visa/laws/telegram...grams_1415.html

The first thing that will happen is that they send this back to the office that initially approved the petition. This took 4 months for ours to get back to the California service center, then it took an additional 8 months before they reviewed it, so you are in for the long haul.

Now for the I-130. If I were you I would continue the process as long as possible. Eventually they will hear that the K-3 was denied, and at that point they will also send this back, but the further ahead you are in the I-130 the better.

Like I said, a lot of information. But that is just the beginning.

Edited October 11, 2006 by Morocco4ever

[meauxna 15]

in my eyes, you are either married or not married and that is determined by a legal document. Im guessing the I-130 will have no problems.. but who knows.

If the consulates agreed with you, there would be many more marriages for immigration purposes only. The problems encountered with the K-3 interview will not be decreased with the I-130 interview.

So what you are saying is that this may have not been a legit relationship and the consul determined this by asking trick questions even tho their was a legal marriage certificate?

Well, if they learn from their mistakes from this interview then the I-130 interview should go fine, yes?

I'm not saying anything about this relationship. I'm saying your reasoning is flawed.

No its not... you simply dont understand.

I wonder if you do. The I-130 is not the issue. The immigrant visa application will be, and you are right that the I-130 hinges on a legal document or two. However, there is generally not an interview for the I-130.

[twood2k 0]

in my eyes, you are either married or not married and that is determined by a legal document. Im guessing the I-130 will have no problems.. but who knows.

If the consulates agreed with you, there would be many more marriages for immigration purposes only. The problems encountered with the K-3 interview will not be decreased with the I-130 interview.

So what you are saying is that this may have not been a legit relationship and the consul determined this by asking trick questions even tho their was a legal marriage certificate?

Well, if they learn from their mistakes from this interview then the I-130 interview should go fine, yes?

I'm not saying anything about this relationship. I'm saying your reasoning is flawed.

No its not... you simply dont understand.

I wonder if you do. The I-130 is not the issue. The immigrant visa application will be, and you are right that the I-130 hinges on a legal document or two. However, there is generally not an interview for the I-130.

sigh.. like someone else noted.. the K-3 and I-130 are probably mutually exclusive when it comes down to the process and interview. If they can prove their ties legally and however else is expected.. then they still might have a chance with the I-130.

I just wish we had all the facts so others can plan for this situation. I really dont understand what went wrong.

Now, back to checking USCIS every half hour for a touch on MY K-3!

[morocco4ever 63]

I am still waiting to find out WHY they decided the marriage wasn't legit. I am sure they gave your wife some reasoning, or perhaps she was able to deduce this herself based on the questions asked.

If you are going through this again and don't have a better plan then you probably SHOULD start packing.

Please explain the details.

Most consulates will not tell you the reasons behind their decision. My senator was able to find out that they didn't believe the marriage was real, but wouldn't give specifics. I did find out when they reviewed our case. Here is their list of reasons for our denial:

1-Petitioner married Applicant shortly after meeting the first time.

Rebuttal-I had known him online for a year. A headset and webcam and talking together on a daily basis was enough proof to us that we were in love and wanted to get married.

2-They had a small wedding.

Rebuttal-My vacation time available was for 2 weeks and 5 days, the approval to marry took 2 weeks and 1 day, hardly time to plan an elaborate wedding. Besides, a large wedding is a personal decision.

3-There were no family or friends at the wedding.

Rebuttal-There were indeed, and I have pictures to prove it.

Its really sad, if the consular officer had only asked my husband these questions, he had the answers along with physical proof, we all could have been saved this past year+.

The plus is that we proved our case with the department of homeland securities and our application is back at the consulate waiting for another interview. I know of 3 other couples that have also had their cases reaffirmed, and got the visa, so all is not hopeless.

[domini loka 0]

HERE is my questio interviews in Dom Rep take from 12 to 18 months. How is your I-130 pending since last year?? What did the consular say.......

Now i'm confused!!

[Libersolis 0]

Morroco just curious did they deny you a visa after an interview or was this done before it ever got there. Some of the circumstances regarding my marriage are similar to yours, so I am wondering if I should not be concerned.

[morocco4ever 63]

in my eyes, you are either married or not married and that is determined by a legal document. Im guessing the I-130 will have no problems.. but who knows.

If the consulates agreed with you, there would be many more marriages for immigration purposes only. The problems encountered with the K-3 interview will not be decreased with the I-130 interview.

So what you are saying is that this may have not been a legit relationship and the consul determined this by asking trick questions even tho their was a legal marriage certificate?

Well, if they learn from their mistakes from this interview then the I-130 interview should go fine, yes?

I'm not saying anything about this relationship. I'm saying your reasoning is flawed.

No its not... you simply dont understand.

I wonder if you do. The I-130 is not the issue. The immigrant visa application will be, and you are right that the I-130 hinges on a legal document or two. However, there is generally not an interview for the I-130.

sigh.. like someone else noted.. the K-3 and I-130 are probably mutually exclusive when it comes down to the process and interview. If they can prove their ties legally and however else is expected.. then they still might have a chance with the I-130.

I just wish we had all the facts so others can plan for this situation. I really dont understand what went wrong.

Now, back to checking USCIS every half hour for a touch on MY K-3!

Let me get this straight, do you think that the I-130 could be approved if the I-129F has been sent back to the Department of Homeland Security? If I am gathering this correctly then no, they will not approve it until the situation is resolved with the I-129F. I know a lot of people that I met on visa journey that have had this situation, and they won't go further on any petition.

BTW, my I-129F was approved after the I-130 was denied. It made its way to the consulate. They even scheduled the appointment. My husband went to the appointment in hopes that they weren't tied, but they sent him home and told him to wait to resolve the issue with the I-130.

Oh, and if I am misunderstanding what you are saying....sorry!

[twood2k 0]

I am still waiting to find out WHY they decided the marriage wasn't legit. I am sure they gave your wife some reasoning, or perhaps she was able to deduce this herself based on the questions asked.

If you are going through this again and don't have a better plan then you probably SHOULD start packing.

Please explain the details.

Most consulates will not tell you the reasons behind their decision. My senator was able to find out that they didn't believe the marriage was real, but wouldn't give specifics. I did find out when they reviewed our case. Here is their list of reasons for our denial:

1-Petitioner married Applicant shortly after meeting the first time.

Rebuttal-I had known him online for a year. A headset and webcam and talking together on a daily basis was enough proof to us that we were in love and wanted to get married.

2-They had a small wedding.

Rebuttal-My vacation time available was for 2 weeks and 5 days, the approval to marry took 2 weeks and 1 day, hardly time to plan an elaborate wedding. Besides, a large wedding is a personal decision.

3-There were no family or friends at the wedding.

Rebuttal-There were indeed, and I have pictures to prove it.

Its really sad, if the consular officer had only asked my husband these questions, he had the answers along with physical proof, we all could have been saved this past year+.

The plus is that we proved our case with the department of homeland securities and our application is back at the consulate waiting for another interview. I know of 3 other couples that have also had their cases reaffirmed, and got the visa, so all is not hopeless.

wow, if we had to follow those rules in the USA??? most could not be married and live together!

[morocco4ever 63]

Morroco just curious did they deny you a visa after an interview or was this done before it ever got there. Some of the circumstances regarding my marriage are similar to yours, so I am wondering if I should not be concerned.

It was denied at the interview. The I-130 had no issues being approved. If I had to do this entire process again with the knowledge I have learned now I would have addressed all of my red flags with the intitial petition.

Keep in mind, all consulates do things differently, so you might actually get a fair interview. Might I suggest that you research all of your possible red flags, then write the consulate a letter. Keep the letter brief as possible, but give them a quick view of your love and relationship. I would certainly address the red flags in this letter, but rather than making the letter about the red flags I would word it so it is more in passing.

Let me explain, instead of saying:

I am writing this letter to explain why we had a small wedding.......

You would write:

We had a small but lovely wedding, I wish it could have been larger, but due to the time restraints we had no other choice. We plan on having a party to celebrate our wedding once he arrives in the U.S.

Does that make sense?

[Libersolis 0]

Thanks for the heads up. If I were to write them a letter how exactly would I address it and for what purpose would I tell them I am writing and and when would I write it?

Our wedding was indeed small and lovely but was attended by family and a few friends and we are actually having a party when she returns. We also had a wedding reception at my aunts house and tons of photos plus pictures of our honey moon and lots of other places.

I have heard that South Africa is a relatively easy consulate to go through. I am totally puzzled as to why the person interviewing your husband didn't ask these basic questions to him, if his job is to try and make a judgement based on evidence presented.