K1 visa denied

[NigeriaorBust 4,087]

Part of getting the waiver of meeting is to show you have exhausted attempts to meet, this would include showing your travel limitations and her trying a few times to get a tourist visa to the US. Both people must demonstrate that they are unable to meet. You may have enough reason to pull it off, most who try are simply too lazy to travel and don't have actual erstrictions on their travel.

[Ban Hammer 13,334]

several posts removed.
do not insult other members.
post constructive advice or do not post at all.

[Limey 551]

And she would also need to have applied for and been turned down for a tourist visa on numerous occasions.

That's one measure....but what about a visa to another country where the petitioner can also meet up with?

If the petitioner's issue is he can't travel outside the US, I'm not sure it helps if the beneficiary applies for a visa somewhere other than the US (with the possible exception of Canada, as some have mentioned here)

[N-o-l-a 7,167]

If the petitioner's issue is he can't travel outside the US, I'm not sure it helps if the beneficiary applies for a visa somewhere other than the US (with the possible exception of Canada, as some have mentioned here)

There is Mexico too, but there is a theory is that if the a person applies for a visa for another "desirable area" and then uses that visa responsibly that they are more likely to get a US tourist visa. That wasn't what Baron555 was saying, but it has been attempted with a limited degree of success in the past. The K1 denial makes that whole scenario exceedingly unlikely, though, it is hard to claim you don't have immigration intent when you clearly do.

[tiko1426 17]

So here's our situation. My fiance went to the interview yesterday and got denied under Section 212(a)(5)(a) "has not seen fiance for 4 years. People that remember from my older posts it was as follows: My situation: I met my fiance in Armenia on November 2011 and fell in love. At the time I met her I was a fugitive. I left Armenia and came back to the states on January 2012 to face prison time. After coming out of prison on December 2013 I got in touch with her through facebook told her my situation and asked her to marry me. I am on probation for 5 years and one of my probation terms are that I cannot leave the country. Because of that reason I cannot leave the country to go and see her and get few pictures together to show that we have seen each other in the past 2 years. So anyways I decided to go to a lawyer. The lawyer said we can try and file for the visa and hope for the best. So I filed on October 2014 and got approved by the uscis and the paperwork went to the embassy for an interview. On the day of the interview the first exact question was "why don't you guys have a picture together?" And my fiance explained the situation and they said they cannot do anything but refuse to give her a visa. My fiance asked her if we were to meet again can we file for the visa again and they said of course. The problem still is probation officer says that they will not allow me to leave the country because of my prosecutor not allowing me to. By the way my crime was bank fraud and has nothing to do with the denial of the visa although the co said "so he's a criminal!" And my fiance told her that no he just made a mistake in life and faced his punishment. So what do you guys think? Talk to a different lawyer and try to get permission from court to try to go to Armenia? Or apply for a tourist visa for her to come here? The first option is doable but will take longer time. The second option would be better if they were to grant her a tourist visa which is kind of hard for a 3rd world country like Armenia. Does anyone think that since they denied her a k1 visa they might actually give her a tourist visa to see me over here? Please help guys. I am desperate. Thanks.

You are not going anywhere if it involves leaving your own state for more than 24 hours without permission... I was on Probation 2yrs. for receiving stolen property in New Jersey.. I was just terminated last April.. I could not even go Camping for a weekend because it was 15 minutes across the state lines of New Jersey.. Its is up to your PO.

As far as leaving the country.. Your passport should be suspended and your voting rights also as were mine until you are terminated..As soon as I was terminated I flew down to Colombia and got married to my fiancee and now my petition was approved in 74 days as a convicted felon.. But they are really looking at her and what she did not you.. DO NOT TRY THE I-129F anymore..Do the CR-1 as I did .. My results are amazing...Not only was I approved faster than others at TSC. but this is my 2nd. time in the USCIS system in 8 years.. They cut me a break for sure this time.. So you DO NOT have any options....Only a person who was in your shoes can give you the correct answer....So here it is... Hope this helps...

Edited February 19, 2015 by tiko1426

[Boiler 45,486]

Wait it out seems the most likely solution.

[_Paul&Jesica_ 70]

My pleasure. Best of luck to you. Here is an article about a couple who used the park while waiting on (what sounds like) CR-1. For all I know you could get a justice of the peace in the park and go that route. ...but K1 is still faster.

http://m.tdn.com/news/couple-separated-by-border-meet-at-peace-arch/article_d89572e4-a18d-54f9-ab97-059a9cacbd04.html?mobile_touch=true

I am wondering if you get married in that park, what country are you married in? Does it depend on which side of the park the ceremony takes place?

[tine71 12]

There is another possibility for you to meet your fiance without leaving the US, but she must travel to Mexico, there is a "FRIENDSHIP PARK" (inside border field state park) it's in California between San Diego CA and Tijuana Mexico, they allowed to meet your love ones there and I am sure you can get a picture together (of course she will be in Mexico side and you will be in the US side) here I send you the link from the park.

The U.S. side of Friendship Park is open to the public year-round on Saturdays and Sundays from 10 AM-2 PM. Border Patrol does not usually request proof of U.S. residence from visitors to Friendship Park, but they have the authority to do so (this is just for people inside the US), and the surrounding area is heavily patrolled. Any document verifying legal residence in the U.S. (Driver’s License, eg) is sufficient to gain access to Friendship Park. U.S. Border Patrol rules prohibit passing items through the fence between the U.S. and Mexico.

http://www.friendshippark.org/#!map--directions/c1y3g

[tiko1426 17]

Wait it out seems the most likely solution.

This is what I was forced to do.. There is no other option after re-reading the original post again....Get hooked up with SKYPE.. thats how we managed it for 2 years..If you cannot wait then you forget her and move on........As hard as it sounds this is the REALITY of life for you at this point..... Trust Me I know.......

[Cathi 5,748]

I am wondering if you get married in that park, what country are you married in? Does it depend on which side of the park the ceremony takes place?

The OP is NOT allowed to leave the country, that includes Canada.

[TBoneTX 45,287]

Post edited to remove unnecessarily assaultive language and returned to thread, as follows:

This park straddles the international border--half in the US and half in Canada, but it is a bit of a "no man's land"......you don't really leave or enter either country when you're there. The article linked is about a husband who is not allowed into Canada and a wife who was temporarily barred from the US, and they met in the park. Many other families do it, too, specifically those who are refugees or asylum seekers, or those who have been deported from the US but permitted into Canada, who left family behind. It is specifically there as a symbol of peace between the US and Canada.

[Jabl2rom 54]

She visiting you is the only option. And yes her being denied due to the past K-1 is a possibilty.

Think about living together in another country.

bad advice from you again. how is living in another country a possibility if he can't leave the country? he is better off waiting out his flight ban and then visiting her to fulfill the requirements of a K1 visa, or marry in Armenia before filing a CR-1

[baron555 934]

bad advice from you again. how is living in another country a possibility if he can't leave the country? he is better off waiting out his flight ban and then visiting her to fulfill the requirements of a K1 visa, or marry in Armenia before filing a CR-1

Ummm.....the OP stated that leaving is an option >>>So what do you guys think? Talk to a different lawyer and try to get permission from court to try to go to Armenia? Or apply for a tourist visa for her to come here? The first option is doable but will take longer time.

So he may eventually be able to leave the country. Excellent advice from me.

If the petitioner's issue is he can't travel outside the US, I'm not sure it helps if the beneficiary applies for a visa somewhere other than the US (with the possible exception of Canada, as some have mentioned here)

The OP DID state that they may eventually be able to leave:

So what do you guys think? Talk to a different lawyer and try to get permission from court to try to go to Armenia? Or apply for a tourist visa for her to come here? The first option is doable but will take longer time.

[TBoneTX 45,287]

All: The next assaultive post might well result in that poster's ban from further participation in this thread. We can disagree without being disagreeable. Thank you for your attention to this.

TBoneTX

VJ Moderation

[j&ana 363]

It seems like your only option might be to wait until you are finish with probation. She could try to get a tourist visa, the chances might be slim. Some other members mention about maybe meeting on boarders of either Canada or Mexico, but as one member mention if you are on probation, you probably can not leave the state or even the leave the city you live in . I am not sure what your travel restrictions are. You could try to get a waiver , but considering you will be able to travel eventually. I do not really see a waiver being issue to you. You could hire a lawyer, but to me that will be a waste of money ,as there is no guarantee, that the lawyer can help you get a waiver,

This is probably not the answer, you will looking for.

Edited February 19, 2015 by j&ana