What should I do if my fiancee and I are wrongfully accused?(merged)

[Daniel n Somphos 3]

Hello, I just attended my fiancee's interview on the 24th of November and just recently arrived back from Cambodia the 29th.

I attended the interview with my Fiancee but they did not let em stand with her for her interview. She doesn't speak english

very well but can type it well enough for us to communicate and if things werent easy to understand we would use an app for

translation on our phones, We have been in contact since 2010 but don't have the skype logs to prove it and never knew in those

previous years we would need them. But we do have about 2 years chat logs from fb, the photo's from our legal engagement

and tour together (wish of mine) I had known her aunt and uncle in the USA since I was 9 years old and I've always kept in touch

with their kids because they were my mentors in Elementary for 3 years until i moved on to middle school, we still kept in contact to

this day and have been great friends over the years. One of her cousins introduced me as her mentor for school online through skype

This is where I started to fall head over heels for her. I told her secretly that if I had any chance to marry her that I would because

the way we communicated so easily even with a language barrier made me blush and well... no woman has ever made me feel this way.

in early 2013 we both fell completely for each other, I told her aunt and uncle over dinner one night that I'd like to marry their niece and

of course surprised and confused, they asked me which one? When they said her name i said YES HER! and I was in need of their help

because my mother is ill and cannot travel with me to Cambodia for the engagement ceremony. So i asked permission from my mother,

she gave me permission after i had told her this was surely what I had wanted with my fiancee's aunt and uncle present. Also for them

to stand in as my parents because my father is deceased and my mom is too sick to travel. Everything went uneventful(no complications at all)

petition was accepted, visa interview scheduled, i flew over to attend... and were flat out called a fraud. I have read this cannot be overcome

and I really don't know what to do to prove our relationship is true. I was told they believe i was marrying her only for her to live in the USA to

live with her family here which is absolutely false. If it didn't work out in marriage for some reason, she would go back to her home country.

but, we weren't even given the chance to find out why they thought this or this "evidence" they were speaking of that pointed to their conclusion

The lack of transparency of exactly why they thought this, is very frustrating and seeing as no matter what we do we can keep getting denied.

Has anyone else had this experience? and was it solved? what should I do? I'm at a loss and feel as if i may never be able to marry my fiancee here

and live together building a family and just living happily for which we have planned. I'm truly at a loss and I don't know what to do. any advice?

[Pheebs1201 269]

One option is to get married and then file for CR-1, in the hopes that this proves your relationship is serious, with photos of wedding etc.

I am sure more experienced members of VJ will have more comprehensive advice however. I am sorry to hear this has happened to you, good luck.

[TBoneTX 46,137]

Simply getting married doesn't overcome whatever the suspicion of specific fraud is. You must find that out first.

*** Thread moved from K-1 Process forum to Embassy/Consulate forum -- topic involves that stage. ***

[sma1488 155]

Anecdotally speaking, it seems that anytime two people have known each other or each others' families since childhood, consulates automatically become suspicious and evidence of a romantic relationship becomes even more important.

[Loveherforever49 4]

Sorry to hear you were denied . Been there , done that . I also attended the interview with my wife . They didn't believe our relationship was genuine . I had a ton of evidence showing pictures of us and her family . Not enough . I am currently pursuing the CR-1/IR-1 now . It is a very complicated process but I just went through it this year in May . If you need any advice like what you need to bring over there just ask me . If you decide that you want to go the I-130 route that is . And like T-bone said getting married doesn't fix the fraud problem but the Cambodian embassy never give you a REAL reason why you were denied . They just deny people off suspicion . PM me if you need help on what documents you will need to get married. Im so sorry this happened. Ik I lost thousands of dollars just because they were suspicious ect.

[Loveherforever49 4]

http://www.visajourney.com/forums/topic/468979-we-screwed-up-and-got-denied-the-visa/

[Loveherforever49 4]

http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

[NikaMo 39]

Believe it or not this is very common in Cambodia. It's not your fault but Cambodia is a very high risk country category for fraudulent visa. How many times you visited her before you got engaged? If you got engaged on your first visit, chances are over 90% of the time you would get denied. In fact if you were approved you would be a lucky one since you don't speak Khmer. I was denied back in 2011 even though I had been travelling with my fiance(Now wife) all over southeast Asia, same airlines, same hotels, visiting my parents in my native country etc still our case denied(Without any reason). Did not matter we were travelling foreign countries together or staying in hotels together or seeing my families and staying with them. That was a long story. I think we can make a movie about our visa journey. Anyway, don't give up. Easiest way to simply apply again and your chances will go up a lot. It takes only like 7 to 9 months for interview again. I know a lot of people personally 2nd time around approved for visa. Very rare got denied 2nd time. Just think about it from visa counselors point of view. They are looking at hundreds of cases in a very high visa fraud country. You both don't speak same language and not same race....they don't spend enough time on every case. Easier way for them to deny you. Easy solution. If you are real they know you will come back. If not real you will go away. Not easy to just say you are fraud but easy to deny the case. If you want you can simply get married and apply again. It's a bit complicated and costly and lengthy process to get married in Cambodia though. But if you really love her you gotta do what you gotta do. You will succeed if you stay on it.

[Daniel n Somphos 3]

I cannot marry her in Cambodia because i dont make the 2500 dollar a month requirement. k1 is all i can apply for i would have to wait till i get a raise or better job. We did get engaged the first time i visited... that was the plan we wanted because of my work situation would only allow me that little bit of time off and i only started the job mid 2013. But we known each other since 2010. But never met. Just video chat as her mentor then. It was a tough time never being able to meet. Onceni had the money to fly.. i said why not get engage. So i ask her family to stand in for my sick mother because she couldnt fly. My fiancee and i agreed to engage long ago. But i needed to wait for my job first. So i can pay all the fees and for he engagement ceremony. Plus already bough the wedding rings with engraved names. Why would they turn down all that? Someone that put all he can into making us be together finally.

Edited December 7, 2014 by Daniel n Somphos

[Loveherforever49 4]

I cannot marry her in Cambodia because i dont make the 2500 dollar a month requirement. k1 is all i can apply for i would have to wait till i get a raise or better job. We did get engaged the first time i visited... that was the plan we wanted because of my work situation would only allow me that little bit of time off and i only started the job mid 2013. But we known each other since 2010. But never met. Just video chat as her mentor then. It was a tough time never being able to meet. Onceni had the money to fly.. i said why not get engage. So i ask her family to stand in for my sick mother because she couldnt fly. My fiancee and i agreed to engage long ago. But i needed to wait for my job first. So i can pay all the fees and for he engagement ceremony. Plus already bough the wedding rings with engraved names. Why would they turn down all that? Someone that put all he can into making us be together finally.

I would suggest giving it some time and find a co-sponsor or a better job and get married. This is a tough embassy and simply refiling the same petition shows no signifigant change to the CO. If you do decide to refile , you may be denied again.

[Darnell 8,479]

on the denial slip, there was a reference to the INA law with some notice where the casefile was to be sent.

whatcha got, can write it here?

[Daniel n Somphos 3]

Bureau of citizenship and immigration services (CIS) of the Department of Homeland Security (DHS)

[Darnell 8,479]

ok - so if it's sent back there, it might have a chance for review with further opportunity to submit more evidence into USCIS.

however - what was the INA law/regs cited ? should be a string of letters and numbers ie -

212G.9a.14.AA.43 or something similar.

[Daniel n Somphos 3]

221(g) Under INA 222(f)

[Daniel n Somphos 3]

It doesn't have anything "cited" other than that the files are confidential and that they wont give me any information.