Fiance denied Tourist Visa in October. Mention August Meeting as Evidence?

[PirateLiker 11]

Issue 1.

 

I met my GF last August at the end of a 7 week visit to Ukraine. We spent 4 days together. In October 2017 she applied for a tourist visa to the US. She went to the embassy in Kiev for an interview and was denied. During our second meeting we spent 10 days together in Ukraine from Dec 27, 2017 to January 6, 2018.  I proposed on January 5. She said she needed time to think about it. As of this morning she is my fiance. 

 

Is it necessary or prudent to mention our first meeting in August as evidence of a relationship? 

 

Issue 2.

 

I was approved for a K1 visa for a different woman (my first K1 rodeo) for which I applied for a visa one year ago. Soon after filing I realized that we were not compatible and cancelled the visa application. However, it took a long time for them to acknowledge my attempt to cancel. This is how far it got:

 

This office is pleased to inform you that it can begin to process your fiancé(e) visa case.  The next step in the process is to complete appropriate forms, collect required documents, arrange for the medical examination, and schedule an appointment with us through our call center.  A detailed explanation of the process is found on our website at https://ua.usembassy.gov/visas/immigrant-visas/fiancee-visa/ .

 

Then the visa was finally cancelled: 

 

 

Do I need to apply for a waiver with my new K1 application? 

 

 

 

[Redheadguy03 505]

Yes you need to mention the first time you met. 

 

Since you've had 2 applications within 2 years then yes,  you do need a waiver. 

 

On another note, why did your fiance have to think about it? Not to be a buzzkill, but shouldn't she know she wants to marry you? Especially before you go through all this very expensive process. 

Also, why did she apply for a tourist visa? Is she desperate to get into the country? Or was she just wanting to see if she liked America? Just think about these things. 

Edited January 17, 2018 by Redheadguy03

[Californiansunset 336]

33 minutes ago, PirateLiker said:

Issue 1.

 

I met my GF last August at the end of a 7 week visit to Ukraine. We spent 4 days together. In October 2017 she applied for a tourist visa to the US. She went to the embassy in Kiev for an interview and was denied. During our second meeting we spent 10 days together in Ukraine from Dec 27, 2017 to January 6, 2018.  I proposed on January 5. She said she needed time to think about it. As of this morning she is my fiance. 

 

Is it necessary or prudent to mention our first meeting in August as evidence of a relationship? 

 

Issue 2.

 

I was approved for a K1 visa for a different woman (my first K1 rodeo) for which I applied for a visa one year ago. Soon after filing I realized that we were not compatible and cancelled the visa application. However, it took a long time for them to acknowledge my attempt to cancel. This is how far it got:

 

This office is pleased to inform you that it can begin to process your fiancé(e) visa case.  The next step in the process is to complete appropriate forms, collect required documents, arrange for the medical examination, and schedule an appointment with us through our call center.  A detailed explanation of the process is found on our website at https://ua.usembassy.gov/visas/immigrant-visas/fiancee-visa/ .

 

Then the visa was finally cancelled: 

 

 

Do I need to apply for a waiver with my new K1 application? 

 

 

 

Stick to the truth and mention when you met her in your K1 visa application. Your fiancée will very likely get asked at the consulate interview how and when you guys met so she needs to say the truth (she will be under oath). Lying is just going to complicate things.

 

Also in order to avoid what happened with the first fiancée... maybe spend more time with her... you barely know her. Also expect her to be heavily scrutinized at the visa interview given that you had just petitioned another girl in such a short time.  

[Boiler 46,322]

You knew her for 13 days when you proposed?

[PirateLiker 11]

43 minutes ago, Redheadguy03 said:

Yes you need to mention the first time you met. 

 

Since you've had 2 applications within 2 years then yes,  you do need a waiver. 

 

On another note, why did your fiance have to think about it? Not to be a buzzkill, but shouldn't she know she wants to marry you? Especially before you go through all this very expensive process. 

Also, why did she apply for a tourist visa? Is she desperate to get into the country? Or was she just wanting to see if she liked America? Just think about these things. 

Thank you for the info.

 

I saw it as a positive that she didn't answer right away. But I'm obviously biased. As mentioned in another post, we had only seen each other in person for 13 days. (It turned out to be 15, but I won't quibble over 2). Although we had discussed many of the ins and outs of the matter, she will be giving up a good job in her country and realized this is a huge decision.

 

I don't think she is desperate to get into the country. In fact, she is quite scared about it. 

 

I hope I am open to new ideas but I have definitely thought about the questions you raised

[Redheadguy03 505]

41 minutes ago, PirateLiker said:

Thank you for the info.

 

I saw it as a positive that she didn't answer right away. But I'm obviously biased. As mentioned in another post, we had only seen each other in person for 13 days. (It turned out to be 15, but I won't quibble over 2). Although we had discussed many of the ins and outs of the matter, she will be giving up a good job in her country and realized this is a huge decision.

 

I don't think she is desperate to get into the country. In fact, she is quite scared about it. 

 

I hope I am open to new ideas but I have definitely thought about the questions you raised

Well that's definitely good, that you thought about it. If she has a good job there have you considered moving to her county? Don't  know if that's feasible in anyway, but it's something you could look into. 

 

 

 

 

[PirateLiker 11]

Yes I did think about moving there. And yes it would be feasible. But I have a better job here than she has there. And, I live in the magical land of California, haha. I say that in jest, but this really is a pretty nice place to live.

[Redheadguy03 505]

1 minute ago, PirateLiker said:

Yes I did think about moving there. And yes it would be feasible. But I have a better job here than she has there. And, I live in the magical land of California, haha. I say that in jest, but this really is a pretty nice place to live.

I understand, a lot of it just depends on who likes what. See if she likes the USA and go from there.

My wife likes the USA, but obviously there's always going to be things you miss about home. 

Heck, I miss some stuff about my wife's home country too. 

[PirateLiker 11]

Can you shed some light on the Multiple Filer Waiver? Below in red, blue and green is the relevant part of that section of the I129F instructions. I realize I need to check box 5a, General Waiver. 

 

Item Numbers 5.a. - 5.d. Multiple Filer Waiver Request. You must request a waiver of the International Marriage Broker Regulation Act (IMBRA) filing limitations if:

 

2. You are filing this petition on behalf of your fiancé(e), you have previously had a Form I-129F approved, and less than two years have passed since the filing date of your previously approved petition.

 

Types of Waivers

Item Number 5.a. General Waiver. If you have never been convicted of a violent criminal offense against a person or persons, submit evidence to show why a waiver is appropriate in your case. Examples of such evidence may include, but are not limited to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional regarding the death or incapacity of your previous fiancé(e) who was the beneficiary of a fiancé(e) petition you filed.

 

What is meant by "submit evidence to show why a waiver is appropriate in your case"? 

 

"Examples of such evidence may include, but are not limited to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional regarding the death or incapacity of your previous fiancé(e) who was the beneficiary of a fiancé(e) petition you filed."

 

I don't have any of the things listed above in green. What, exactly am I trying to find evidence to prove? In the case with my other K1 fiance, we entered into our engagement in good faith, but later I reached the conclusion that we were incompatible. I cancelled the visa application before it reached the interview stage. Should I just explain what happened as I have done here?

 

 

[PirateLiker 11]

I did some googling and found some other threads on VJ that shed some light on the issue. It appears that this section of the rule is meant to protect beneficiaries. In other words, my current fiance should know (which she does) that this is my second petition in less than 2 years. Also, USCIS should be satisfied that I am not a serial filer and that I am not bringing multiple spouses to the US. In my case, my previous fiance never made it to the interview, let alone the US, as a result of my K1 application. Although I129F was approved, I halted the process before she got to the interview stage. 

 

My understanding is that I need to write a letter explaining what happened. I realize that the matter is not cut and dry, and that perhaps it would be better if she were the one who changed her mind, rather than me. She was dishonest with me about being a smoker. There were other issues, but this was a deal breaker in and of itself for me. I don't want to talk negatively about her. I don't think she was evil. Should I include the reasons/details about why I reached the conclusion that we were incompatible? 

[Naes 12,205]

8 hours ago, Redheadguy03 said:

Yes you need to mention the first time you met. 

 

Since you've had 2 applications within 2 years then yes,  you do need a waiver. 

 

On another note, why did your fiance have to think about it? Not to be a buzzkill, but shouldn't she know she wants to marry you? Especially before you go through all this very expensive process. 

Also, why did she apply for a tourist visa? Is she desperate to get into the country? Or was she just wanting to see if she liked America? Just think about these things. 

In some cultures it's actually considered the correct way and traditional to say " let me think" to a proposal btw  

 

to the op: well all good advice given 

[OutOfThisWorld 87]

In Ukraine, "let me think" means "yes". "No" means "let me think." LOL

 

OP, she must be incredibly beautiful and/or charming, if you proposed after 13 days. Bring her in - it is good for the country. We need more beautiful and/or charming people.

 

And do not worry if she is a smoker. Everybody is a smoker in Ukraine. She will probably quit after she comes over and sees the price of cigarettes in the US. LOL

[Umka36 781]

The smoker was his previous fiancée based on what the OP wrote. This would be a killer for me as well.

 

 

Edited January 18, 2018 by Umka36

[PirateLiker 11]

14 hours ago, Umka36 said:

The smoker was his previous fiancée based on what the OP wrote. This would be a killer for me as well.

 

 

Yes that's right. My fiance now doesn't smoke. And yes, she is a perfect, beautiful angel! OK, no one is perfect, but she is quite beautiful, hard working and smart. She would definitely be an asset to the US! In my humble, unbiased opinion:)

[Umka36 781]

As they say, beauty is on the eye of the beholder. We men can often think with the wrong head a times, so don't think of your future wife as an object.