K1 visa denied

[Darnell 8,478]

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.

What was in the I-129F? I ask, because you mentioned using a lawyer,

and

it smells like a handwritten letter, addressed to USCIS and NVC asking for this waiver,

was not included in the I-129F.

At least, that's the way it smells, to me.

[tiko1426 17]

Ando + Sirik, Dude you went down for a year and you probably got a 3 with a 1.. And YOU know what I mean when I say that.. You made your first Parole elgibility because you had no prior convictions for the same type of crime.. When you were down You probably talked to dozens of people about things.. Then you were paroled and you were given a rundown of do's and dont's.. Asking these people here who were never in your shoes DO NOT KNOW what you and I do.. After you complete 1/2 of your PAROLE and not probation.. [Parole is when you are released from prison] Probation is when you are convicted of a crime but it does not warrant prison time..] You will be able to request another review by your PO or the prosecutor.. I Do Not see how that is happening though because you are considered a flight risk as a parolee... I have been around the block myself...Relax.. nothing can be done besides YOU waiting it out....You knew what you were doing came with a risk of going to Jail for it.. You got caught.. Do not let there be a next time is all I can offer to you as advice...Now your Fiancee is suffering along with you because of YOUR bad decision.. Look for no easy solution because there is NONE and you know it already...Before posting here you already knew you were not being allowed out of the country or even the state for more than 24 hours..I feel for you but whats done is done.. Learn from it and hope your Fiancee is willing to wait with you....5 years on Parole is a long time....You know if you manage to leave and they catch you again you are again a fugitive and will be given an additional 5 years plus the time you did not finish from your first sentence because they granted you an early parole..That sounds like 8+ years to me...Be smart get a fresh start.. Do not hang on to this dream you had in the past...You need someone NOW to be with so you do not VIOLATE your conditions of parole by thinking about running to be with her....This is 2015 YOU will lose.. The techonoligy they have today will find you under a rock...It Is What It Is.....think about what I just told you... You know Im right....Good Luck in your decision.... Drew

Edited February 19, 2015 by tiko1426

[Elizabeth+Fred 35]

By all means apply for a tourist visa for her and try your best to demonstrate that she has strong ties to her home country and will return. It's unlikely to be granted I admit, but you might as well try.

How lovely!

Even if not granted, you can at least show proof of having TRIED to having her visit you in the U.S. Beyond

that, I think the option of the Peace Park in Washington is a pretty good one. It still requires her to get a

tourist visa for Canada, but that might be simpler than the U.S....

Good luck!!

[Ando&sirik 12]

I want to thank everyone for the feesback and advice. Yes it is a hard time but the support that my family and her family are giving us, we will be able to overcome it I am sure. Tiko you are right bro I made a mistake in the past that I will for sure not repeat it. She is willing to wait it out worst come to worse. Right now we have 2 options which I will try both. Tourist visa and writing letters to the judge and prosecutor. My po told me that my best bet is to contact the judge and bypass the probation department and the prosecutor and ask for a day or 2 of travel. She said it would be much better. Yesterday when I was thinking with my heart and not my head I was about to go buy my tickets and just go without the getting any approval and my fiance cried and begged me not to do that because it would make everything worse. Going back to prison is not a choice. It would not solve anything.

[Calicolom 266]

Canada Visas are not much different then U.S. Visas now.

[tiko1426 17]

I want to thank everyone for the feesback and advice. Yes it is a hard time but the support that my family and her family are giving us, we will be able to overcome it I am sure. Tiko you are right bro I made a mistake in the past that I will for sure not repeat it. She is willing to wait it out worst come to worse. Right now we have 2 options which I will try both. Tourist visa and writing letters to the judge and prosecutor. My po told me that my best bet is to contact the judge and bypass the probation department and the prosecutor and ask for a day or 2 of travel. She said it would be much better. Yesterday when I was thinking with my heart and not my head I was about to go buy my tickets and just go without the getting any approval and my fiance cried and begged me not to do that because it would make everything worse. Going back to prison is not a choice. It would not solve anything.

Here is what I did.. After 1 year on Probation which started in December 2013 I wrote a letter to the Judge in April 2014 and enclosed a letter from my employer stating my case.. I would have been on probation until December 2014 had I not done this .. [also at the recommendation of my PO].. But you need to complete at least half of your time for this to have a chance. Within 2 weeks I went to report for my monthly and I was informed that the Judge reached out to my PO to ask about how I was doing and was told I was being TERMINATED 8 months early.. But again that was probation and not parole..Didn't they confiscate your passport ? The courts asked me for mine due to my prior ties to Colombia....So get connected with SKYPE and things will be fine.. ..This ends my advice to you.. stay safe... work hard.... and have hope....because if you read my timeline you will see how things work out..

Edited February 19, 2015 by tiko1426

[Jawaree 717]

OP Canada & Mexico has meet up parks, decide whats closer to you, I'd consider

Canada safer for her unless she has a friend to travel on the trip with her, also if

her getting a visa to Canada would be hard.

I know USCIS has some conditions allowing proxy couples petitions you would have

to research it, you both can take pics when you meet up in the park, and keep gathering

communication evidences posted letters, emails etc. Keep your nose clean on probation

being a fugitive B4 maybe what causing them to not allow you any travel outside the US

If its what you both wants its worth waiting for, some states allow proxy marriages & its legal

Good luck dude

[Ando&sirik 12]

Here is what I did.. After 1 year on Probation which started in December 2013 I wrote a letter to the Judge in April 2014 and enclosed a letter from my employer stating my case.. I would have been on probation until December 2014 had I not done this .. [also at the recommendation of my PO].. But you need to complete at least half of your time for this to have a chance. Within 2 weeks I went to report for my monthly and I was informed that the Judge reached out to my PO to ask about how I was doing and was told I was being TERMINATED 8 months early.. But again that was probation and not parole..Didn't they confiscate your passport ? The courts asked me for mine due to my prior ties to Colombia....So get connected with SKYPE and things will be fine.. ..This ends my advice to you.. stay safe... work hard.... and have hope....because if you read my timeline you will see how things work out..

Thanks bro but no she's not from Armenia, Colombia. She's from the country Armenia. But she is also very dedicated. And also they had confiscated my passport but my po told me that I can go and apply for a new one. She said just tell them that you lost it and they'll give it to you. That's exactly what I did and I was granted one. Edited February 19, 2015 by Ando&sirik

[jan22 3,056]

Thanks bro but no she's not from Armenia, Colombia. She's from the country Armenia. But she is also very dedicated. And also they had confiscated my passport but my po told me that I can go and apply for a new one. She said just tell them that you lost it and they'll give it to you. That's exactly what I did and I was granted one.

Either you isunderstood your PO or they gave you VERY bad advice. Better hope this doesn't get reported somehow -- you basically committed fraud against the court and the US government. As a convicted felon, if the court required surrender of your passport, you usually have to show you have completed all of your sentence, including parole and probation, to get a new one. I'm sure you did not let anyone know you were on parole when you applied for the new passport and certainly covered up the fact that the court had your other passport when you lied about the other being lost. Since you used your other passport once already to avoid prosecution, it is highly unlikely you would be granted a new passport until parole was finished if you had been truthful. I would be very cautious about approaching anyone about permission to travel internationally and, thus, having to answer questions about how you are supposed to do that without your passport. Sorry, but I think you need to wait this out.

Edited February 19, 2015 by jan22

[Jawaree 717]

Thanks bro but no she's not from Armenia, Colombia. She's from the country Armenia. But she is also very dedicated. And also they had confiscated my passport but my po told me that I can go and apply for a new one. She said just tell them that you lost it and they'll give it to you. That's exactly what I did and I was granted one.

Christmas a friend who owed child support traveled to Bahamas,(somehow he

obtained a new PP)Five days of Sun on his buns and fun, he arrived back in the

US and was nabbed...spending New Years eve in jail....That PO should not be

encouraging U to get in further trouble, U probably lied to get a new one, dude let

good common-sense rule or U will be out of her life many more years...ask the

PO to approve you for a park visit & ride out the wait.That is a crime having 2 PP

On another note undocumented ppl should not go into these park areas to see family

members there is a risk both park areas up to 100 miles out are highly patrolled and

border patrols are there like pirahranas waiting to gobble gobble

Edited February 19, 2015 by Jawaree

[Ando&sirik 12]

Either you isunderstood your PO or they gave you VERY bad advice. Better hope this doesn't get reported somehow -- you basically committed fraud against the court and the US government. As a convicted felon, if the court required surrender of your passport, you usually have to show you have completed all of your sentence, including parole and probation, to get a new one. I'm sure you did not let anyone know you were on parole when you applied for the new passport and certainly covered up the fact that the court had your other passport when you lied about the other being lost. Since you used your other passport once already to avoid prosecution, it is highly unlikely you would be granted a new passport until parole was finished if you had been truthful. I would be very cautious about approaching anyone about permission to travel internationally and, thus, having to answer questions about how you are supposed to do that without your passport. Sorry, but I think you need to wait this out.

Well thank God that my parole officer is a tech freak and we mainly communicate via email and I documented word by word that she gave me instructions. And as a good boy I followed instructions.

[Ryan H 3,812]

~~~Closed for review~~~

[TBoneTX 45,304]

After review by the VJ Moderation team, this thread will remain closed to further comments. The OP has gotten some feedback. Do not restart this thread or carry its drama into other threads.

TBoneTX

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