Refused--Application returned for review

[SunflowerSweet 1,321]

One would think a "how to" legal guide written by a team of immigration lawyers would serve to clarify the process, not add confusion and mislead. Live and learn, i guess?

Lawyers are human and make mistakes. NOLO is just a website put together by these imperfect humans and is in no way affiliated with the USCIS.

It's never a good idea to start with anything other than USCIS or another government agency as your first source of instructions. Follow the actual instructions and THEN if things are unclear to you consult outside help. I you do consult outside help, it's always recommend to to find multiple sources that are in agreement to what you need to do. Get a second opinion.

You are going to have to go through some sort of visa process again after this, whether it be another K-1 or a CR-1 or whatever else. Remember this when you do.

Edited December 8, 2015 by MorganandMichael

[prindell 8]

The visa application was refused. The petition was returned to USCIS.. that is the AP part.

Yes you can file a spousal visa from the Philippines, but one requirement is having resided in the Phils for 6 months or more, then you can do a DCF which are very quick. Most of the 6 months would be used waiting for your marriage certificate to be recorded with PSA, this can take upwards of 4 months.

Thanks Hank, for your prior replies as well.

What constitutes "having resided".... Is staying with my fiancee in her home for six months, while on a tourist visa, a qualifying situation or do I need to show a rental or utilities in my name or perhaps immigration processes in the Phils?

[prindell 8]

Lawyers are human and make mistakes. NOLO is just a website put together by these imperfect humans and is in no way affiliated with the USCIS.

It's never a good idea to start with anything other than USCIS or another government agency as your first source of instructions. Follow the actual instructions and THEN if things are unclear to you consult outside help. I you do consult outside help, it's always recommend to to find multiple sources that are in agreement to what you need to do. Get a second opinion.

You are going to have to go through some sort of visa process again after this, whether it be another K-1 or a CR-1 or whatever else. Remember this when you do.

Thank you. Not what I was hoping to learn, but consensus is consistent <sigh>.

[Hank_ 9,174]

Thanks Hank, for your prior replies as well.

What constitutes "having resided".... Is staying with my fiancee in her home for six months, while on a tourist visa, a qualifying situation or do I need to show a rental or utilities in my name or perhaps immigration processes in the Phils?

Yes. You need to maintain your tourist visa, so keep it current (and keep records). Your passport is a good indicator of to date of entry and if you left and returned during the 6 months. Rental agreements would be good to have, if you have one, but living in the family home you would have none of these so no worries (we do this when in the Phils, so nothing is actually in my name either)

Your passport and tourist visa are the BIG things.

[prindell 8]

First of all, "thanks" to everyone for the responces and advise. Still difficult to accept a simple clerical oversight can result in such devestation, but no use crying over spilled milk at this point.

I did manage to get through to a very kind and patient agent at the NCSC just moments ago. She explained the case would indeed get reviewed, but the minimum wait time is 180 days and no gaurantee of a positive outcome. So it seems a new I-129f petition would be the quickest way to go.

Unfortunately, it appears the TSC is still taking about 177 days to process applications. Would it be a misrepresentation to file usung my moms address in California as my residence, while the fact of the matter is that im currently residing in the phils with my fiancee? Or, should I use my current address in the Philippines?

Thanks again!

[kris&me 572]

There may have only been 2 spaces but it says to include all previous marriages with either divorce papers or deathe certificate. It says to attach additional pages to cover this. And anything over 2 divorces is suppposed to raise red flags. Whether you go for K 1 or spouse, you are not just denied, you are refused. I am not trying to be critical but a refusal is differnent than a denial. I would see an attorney for a consultation appointment and ask if you should continue.

And marriage will not help you if they intend to refuse for not disclosing all information. As far as being approved, your paperwork only was processed and went thru the stages. The only approval of a visa comes from embassy.

Sorry for all you go thru, i know it is not easy and i wish you well

If you do marry, you have to refile for CR 1

This will not be easy for you

you are not going to enjoy this

[_Paul&Jesica_ 70]

If you are living in the Philippines, then get married and do a Direct Consular Filing (DCF), which is much faster processing than IR-1/CR-1 -- especially since you state you can't immediately return to the US.

http://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing

[baron555 934]

I, the USC petitioner, came to the Philippines to be with my fiancée and her son for their interview on November 30 (2015). The interviewer stated that we have a rock-solid case, but had no choice but to refuse the visa and return the case to DOS for review, because I was remiss in including an additional page to list all my previous marriages. I only listed the last two, (the space provided on the form), with the understanding that they ask, only to determine that I am free to marry. In my thinking, the most recent divorce documents would suffice for that purpose, but I included the last two, since the form allowed for it. I didn't think it was necessary to disclose all prior marriages/divorces.

The 129f instructions clearly state that you need to provide evidence of dissolution of ALL previous marriages, not just the last two. Sri, but you messed up.

There was no intent to misrepresent as marriages/divorces are public record and when asked during the interview how many times I was married before, I answered honestly and provided the legal dissolution of marriage documents for all prior marriages. The "NOLO" how-to book I was utilizing did not say to add an additional page if more than two prior marriages and further explained the reason they ask for prior marriages is to determine that I am currently free to marry, thus my inaccurate understanding. Anyway...

The reason the petition needs to go back to the USCIS is so that the adjucator there can verfiy that all your prior marriages were properly dissolved.....they don't do that at the Embassy, even though they have access to the info.

The Interviewer instructed us to contact the Texas Service Center (where our application was originally processed) for further information/instructions.

You CAN do this but it may be best for you to send in a notarized letter formally withdrawing the petition and then you submit for another K-1 or go the DCF route as described.

I am at a loss of how to do that, when and what to ask. I'm also concerned that our previous "approved" status will expire during the review.

You have options and yes the petition will most likely expire.

To add to the challenge, I can not (for financial and personal reasons) return to the USA until the K-1 process is completed. I fear that I won't receive pertinent information, RFE's etc. if mailed to my US address--will they always send a duplicate correspondence by email too (as that is currently they only method I can be contacted).

You need to make the appropriate arrangements to have your mailed collected.

We are grateful that we are together while we await, but we don't know how to proceed. We have a wedding planned for February 14, 2016.... do we postpone it

Yes

or maintain it in hopes that all will be resolved and a visa approved in short order?

How long do AP's typically take for matters such as this? I assume the consulate will add a note to the application that all information was provided during the interview?

You shouldn't expect USCIS to move quickly on your case, you may go back to the beginning of the line.

Should I be pro=active and submit the additional page with the information on the other previous marriages or wait until I receive a request, if any?

You can't, who will you submit it to?

Thanks, in advance, for any assistance and guidance provided.

Do you have all the other divorce decrees, all of them? Make sure you do. SRi for your predicament but it got FUBARed to the Max and was not the fault of USCIS or NVC or the Embassy. Strange that it got through the USCIS review.

Edited December 8, 2015 by baron555

[sircaesar 0]

All previous marriages/divorce decrees/ must be disclosed..this is important so they can determine you have properly terminated all previous marriages. i agree with everyone else, the initial application should have never been approved. they do tell you on the I130 if more space is need to include a seperate sheet.

[Ebunoluwa 6,136]

First of all, "thanks" to everyone for the responces and advise. Still difficult to accept a simple clerical oversight can result in such devestation, but no use crying over spilled milk at this point.

I did manage to get through to a very kind and patient agent at the NCSC just moments ago. She explained the case would indeed get reviewed, but the minimum wait time is 180 days and no gaurantee of a positive outcome. So it seems a new I-129f petition would be the quickest way to go.

Unfortunately, it appears the TSC is still taking about 177 days to process applications. Would it be a misrepresentation to file usung my moms address in California as my residence, while the fact of the matter is that im currently residing in the phils with my fiancee? Or, should I use my current address in the Philippines?

Thanks again!

I have yet to see a re affirmed K1 fly through here in the last 6 years. Even though you were told by an agent that it would indeed

be reviewed (if I had a penny for all the ones who were wrongly told this !) it will be purposely expired by USCIS and in 6 months you will

receive a letter stating that it has expired and you are free to re file.

I would do the DCF unless you don't meet the DCF requirements for residence.

[aaron2020 11,651]

NOLO is pretty good. I've used their books in the past.

Not trying to be mean or rub salt into any wounds.

NOLO has sample documents. The samples don't show someone with 3 prior divorces. It doesn't mean that NOLO advised the OP to only list his last two divorces. NOLO does advise reading and following the forms' instructions. NOLO does advise listing information that does not fit on the forms on additional pages.

[Hypnos 6,578]

As stated by others, your I-129F will not be reviewed by USCIS no matter what the misinformation line is telling you. It will instead be left to wither on the vine, and USCIS will eventually send you a letter after about six months stating that your approval is withdrawn without prejudice.

Filing another I-129F (this time correctly) in pursuit of a K-1, or marrying and then going for a CR-1 through either DCF or the normal process are your options.

Forget about your old petition; it is dead.

[Lowlie 191]

There's no more hope for the K1 and you can't apply for the K1 again. Now you're only solution is to marry, wait until you're able to file CR1 and start from scratch. From the time you file until you reach your CR1 interview in most cases will take about 1 year. A person should do in depth research of any visa process they're interested in filing for, before they start the process. There are far too many potholes to fall into if a person isn't very well informed of every single do and don't that can be discovered on the Internet. I know this from tough experience!

[NigeriaorBust 4,087]

There's no more hope for the K1 and you can't apply for the K1 again. Now you're only solution is to marry, wait until you're able to file CR1 and start from scratch. From the time you file until you reach your CR1 interview in most cases will take about 1 year. A person should do in depth research of any visa process they're interested in filing for, before they start the process. There are far too many potholes to fall into if a person isn't very well informed of every single do and don't that can be discovered on the Internet. I know this from tough experience!

He can use a K1 again . what on earth makes you think he can't ? I did and the second one was approved

[Ebunoluwa 6,136]

There's no more hope for the K1 and you can't apply for the K1 again. Now you're only solution is to marry, wait until you're able to file CR1 and start from scratch. From the time you file until you reach your CR1 interview in most cases will take about 1 year. A person should do in depth research of any visa process they're interested in filing for, before they start the process. There are far too many potholes to fall into if a person isn't very well informed of every single do and don't that can be discovered on the Internet. I know this from tough experience!

OP does have an option to file another petition leading to a K1. Marrying is not his only option.