Filed the wrong K---Visa

[delethiafoxx 0]

I filed a K-1 visa by accident, we went to the interview at the U.S. Embassy in Ghana and he was denied. The reason for denial was "he was faking". That was the only reason that the interviewer gave.

We ARE actually married but I filed the wrong visa. (Key word "I") I did all of the paperwork and was not allowed into the U.S. Embassy in Ghana on Monday April 4th for his interview.

What can I do now. Can I let the USISC let them know that I filed the wrong forms and correct it that way? Or do I have to do a CR-1 and pay all of these fees all over again?

[Cathi 5,742]

nope, you cannot let them know it was "mistake" not sure how it could be an accident when you have to present letters of intent to marry and many other things proving you are not married.. Did they get you on a misrepresentation for lying? If so there is no overcoming material misrepresentation and there is a lifetime ban

If there is no misrep you have to start all over from the beginning with a cr1 visa

Edited April 12, 2016 by mimolicious

[soulstriker 274]

well you have to do the cr1 now and start over it seems, how did u file the wrong visa , sounds like you rushed building your petition , did you research before hand?

[Dutchster 1,107]

I kinda start to wonder how you can accidentally file for the wrong visa...

File for CR1, only option as I believe.

[EM_Vandaveer 2,408]

Plus he was denied for "faking", does this mean the CO thought it was only for immigration & did not believe it was a genuine relationship? If so, you & him will have to overcome that assumption even with the spousal visa.

[Amhara 460]

There is no way on this planet that you filed for a K-1 'by mistake'. First, if you intended to file for a K-3, then you would have filed the Form I-130 FIRST. If you would have gotten that process wrong by mistake, and checked the K-3 boxes without sending your I-130 NOA, your case would have been RFE'd and denied. In order to get your K-1 petition approved, you would have had to explicitly include documentation that:

• You intend to marry within 90 days of your fiancé(e) entering the United States.
• You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.

Do you mean by accident that you filed for a fiance visa because you weren't officially married? That I could see, but not being fully married and filing for a fiance visa. That requires intent.

[pch1 64]

Of course you will be denied if you were already married and you applied for k1 visa when you should have filed for CR1 visa.

But what was it the CO was referring to when he/she said " he was faking" I think your fiance should have gotten a copy of the reason for denial.

[Transborderwife 4,666]

Unfortunately you will have to refile with a brand new fee.

[Amhara 460]

Unfortunately you will have to refile with a brand new fee.

And consider any effects this interview may have on the next interview.

[KayDeeCee 4,893]

Faking the relationship or faking not being married?

[Alaska2012 462]

How did you file for a fiancé visa by accident??

[Cathi 5,742]

I kinda start to wonder how you can accidentally file for the wrong visa...

File for CR1, only option as I believe.

if they were slapped with material misrep, there will be no cr1. There will be a lifetime ban

[Cathi 5,742]

Unfortunately you will have to refile with a brand new fee.

If the "faking" was actually lying, it won't be as easy as filing for the correct visa.

[pch1 64]

If the "faking" was actually lying, it won't be as easy as filing for the correct visa.

I agree with you , this is why I asked what was all this about the faking...They should know the reason for denial. If fraud and falsifying information involved then the fiance can kiss coming to the US goodbye and the petitioner might be flagged for future filing.

Edited April 12, 2016 by Pch1

[Ebunoluwa 6,136]

by mistake ? If you answered the questions on the form then you must have lied.

Please clarify what you mean by 'mistake' as whatever the reason can have consequences for the next petition.