Appeal denial ok K1 visa

[rmarkwallace 7]

There is a fact missing somewhere, I think. I have never heard of when you got engaged to be even relevant. I wish I could see all of the paperwork. Do you have something that you could scan and send to me in a jpg file or something.

[Ebunoluwa 6,136]

ok well all they gave him was that paper and the extra evidence. also they have the wrong date written on the 221(g) . after reading what everyone said we went over it again I got the fax he sent me and it's just this paper my birth certificate and the extra evidence they held on to everything else. does that help. and for everyone else who is saying there is more to it sorry that's all I have.

The wrong date (as per your pm stated it was dated the day before the interview) could indicate that the CO had his mind made up

already before the interview as often happens. Pure speculation on my part and it may just have been a mistake and not matter at all.

It may be something to work with for a lawyer or senator though.

[Extreme happiness 9]

I don't think what everyone is saying is correct...I think it depends on the officer because my fiance and I got engaged December of 2012...my divorce was finalized in may of 2013 and I filed the k1 in June of 2013 and we never had any problems. .my ex and I was separated for a while before the divorce was finalized...so they shouldn't care when you got engaged as long as you were divorced before filing the documents..

[Andy and Pui 16]

NigeriaorBust asked back on page 3 and I was wondering when I first read the topic is what US state did you get divorced in? Some states have a waiting period after you get divorced to marry again or file for a K1 visa since you would not be free to marry if you were in that window. You might want to do a google search for the state you divorced in and if there is a waiting period.

[RP&SP 8]

NigeriaorBust asked back on page 3 and I was wondering when I first read the topic is what US state did you get divorced in? Some states have a waiting period after you get divorced to marry again or file for a K1 visa since you would not be free to marry if you were in that window. You might want to do a google search for the state you divorced in and if there is a waiting period.

Kentucky

[Andy and Pui 16]

In Kentucky there is no waiting period.

[RP&SP 8]

In Kentucky there is no waiting period.

I know that. that is why I am confuse....as to why it was even in issue I spoke to a few lawyers who told me the fact that she have the date writen wrong is in issue but I just have to wait because the ceac status is still saying ready for interview and the paper does not say denial it is just refused, and they told me that it could just be the fact that the CO feels like its adultery and that this has been happening a lot in the port au prince embassy lately.

[rmarkwallace 7]

You sent me a copy of the document that they sent you off line, but because it is of general interest. I am replying online.

You were denied because of section 221 B of the Immigration Law. Section 221B makes no mention of engagements. Section 221B allows Immigration to deny an application on the grounds that they requested additional information and the additional information was not submitted. The form is in a language other than English so I can't tell what they told you that you could do about it. It is possible that you could submit the requested information and ask them to reconsider, I am not sure. They didn't get a crucial piece of information but might let you submit it now rather than make you completely refile. I am sure that it is a denial without prejudice, which means that you could refile.

I wonder if language didn't complicate this. I asked you for more information off line and will read it in the morning.

Edited May 30, 2014 by Kathryn41
to remmove duplicated post

[Ebunoluwa 6,136]

I know that. that is why I am confuse....as to why it was even in issue I spoke to a few lawyers who told me the fact that she have the date writen wrong is in issue but I just have to wait because the ceac status is still saying ready for interview and the paper does not say denial it is just refused, and they told me that it could just be the fact that the CO feels like its adultery and that this has been happening a lot in the port au prince embassy lately.

Yes, I thought the wrong date issue would interest the lawyers.

The CEAC status will not say 'denied' because a CO can not deny, only refuse so don't look to see 'denied'.

If they will not approve it they will return it and USCIS will expire it, it will not be denied in technical terms.

I believe the CO has made his discretionary judgement based on his personal assumptions and speculations of a possible fraud indicator

and just ran with it.

I hope a senatorial inquiry with the chief consul may get you a second and fairer interview.

[RP&SP 8]

Yes, I thought the wrong date issue would interest the lawyers.

The CEAC status will not say 'denied' because a CO can not deny, only refuse so don't look to see 'denied'.

If they will not approve it they will return it and USCIS will expire it, it will not be denied in technical terms.

I believe the CO has made his discretionary judgement based on his personal assumptions and speculations of a possible fraud indicator

and just ran with it.

I hope a senatorial inquiry with the chief consul may get you a second and fairer interview.

I have done the advice that you gave to me and am waiting for a response. I spoke to the President of my school regarding it, since she knew the hardship i went through to get my divorce and she sent an email to the Senator, and I am praying that we get and answer soon.

[rmarkwallace 7]

I am guessing that there was a hearing at the consulate, they told the beneficiary that they still needed something and the beneficiary wasn't clear what they still needed to do. Did both parties establish that they were free to marry? That could be it. The hearing officer might have thought, rightly or wrongly, that there was an unconcluded marriage somewhere. I am still guessing because I haven't seen a lot of paperwork.

[Boiler 45,404]

How would a second interview change things?

[rmarkwallace 7]

Off line she told me that there was a hearing that the fiance appeared at. She is going to contact the beneficiary. I think that is where things went wrong. The beneficiary might not have understood that he didn't have all of the things that he needed and was being asked to produce them. It is the middle of the night where the beneficiary is.

[RP&SP 8]

yes they have all of the paperwork needed to show proof that we were both free to marry. and as for as other paperwork, this is the only paper that was given to him after the interview, and also even with the packet 4 nothing was said to be needed it was just one piece of paper.

[rmarkwallace 7]

A second interview would be an opportunity to supply the missing information and get the visa approved, assuming that the petition isn't irretrievably dead.