CR1 or K3 after K1 was denied for non proof of relationship?

[mrmvkjts 465]

I do agree with others!

Even IF there would have been somebody who tried to sabotage your visa,which I doubt uscis would have taken too seriously,even then she should have neen able to answer enough questions and have proof to satisfy the CO. 

also one CO did say visa approved and then another one was investigating?!

idk all this sounds....weird

 

U sure there isn‘t any other issue?

[Perfect two 💑 1,147]

I'm not sure spouse visa will help for your case. You need to figure out why you get denied at first place before decide what you want to do next. Share with us exactly what question that they ask during the first and second interview and what is your fiancee answer. You need to tell us the details. 

[JFH 12,191]

The relationship between you and your ex has no bearing on the visa application being made by your current girl.  

 

There has been at least one prisoner that I have read about who successfully petitioned for his current wife despite being incarcerated for the murder of his previous wife. So no matter how bad the previous relationship was or how much you two hate each other or what your ex might have done, if murdering your ex doesn't cause a denial then malicious gossip certainly won't. 

 

To be blunt with you, they don't care about your ex. All of us have a past. Many of us come into this with divorces behind us - I did. 

 

Do you have the paper that she was given when she was denied? It will list the reason. Jealous ex with too much time on her hands and a fondness for Facebook stalking isn't one of them. 

[NikLR 13,232]

2 hours ago, Californian1 said:

Another fact about my Ex is she is still after my money and that devision on my assets is still in the courts. 

Do you actually have a final divorce decree from the first ex wife?  generally speaking division of assets occurs BEFORE the final divorce decree is granted. 

[j&ana 380]

I thought it was your fiancée ex, but still I just do not  see the embassy denying a visa because of allegations unless it was something serious such as some type of abuse and then there will have to be some real proof

2 hours ago, Californian1 said:

Another fact about my Ex is she is still after my money and that devision on my assets is still in the courts. 

that will not have any effect on the decision the embassy does not care about how much money one has or make as long as they meet the requirement for financial support

 

I do wish you and your fiancée well

but I do not see how getting marriage will change anything

they will notice that you got married after a k-1 visa was deny which will raise question

just because you get marry does not mean that you automatic can get a marriage visa you can still be denied

 I usually do not recommend using  a lawyer as most people can do the process on their

own

In your case it might be a good ideal to use one  

Edited March 3, 2018 by j&ana

[Thozelle 16]

Op original post if I read correct was denied K1 because of 212(a)(5)(A). This is inadmissibilty due to labor certification. Sounds like she said she was coming here to work. 

[Orangesapples 1,954]

5 hours ago, JFH said:

 

There has been at least one prisoner that I have read about who successfully petitioned for his current wife despite being incarcerated for the murder of his previous wife. So no matter how bad the previous relationship was or how much you two hate each other or what your ex might have done, if murdering your ex doesn't cause a denial then malicious gossip certainly won't. 

Wait, what? Is this for real? I thought the US is trying to protect the immigrant, that's why it's so hard with AWA cases and such. Isn't murder the worst crime imaginable? In that case, extreme domestic violence? I can't wrap my head around this. 

[Californian1 5]

The legal term is bifurcation of marital status. It is a valid divorce while pending assets  division. The denial reason is pretty clear on the paper and those are the codes used. 

The exact questions she was asked, is impossible to remember. The general details are all that I have for now. The Q&A that was documented will be obtained when I file for the FOIA. This is my plan of action prior to anything else. I know I must sound over confident of my fiancé's transparency but this is not just someone that I met and never spent time to know everything about her and her past. We did not file for the K1 after a few vacations, we both knew that relationships take time. We took our time, lived together and spend every moment we can talking about everything and anything. I guess this denial will just provide more time to build this relationship. 

[j&ana 380]

y

24 minutes ago, Californian1 said:

26 minutes ago, Californian1 said:

The legal term is bifurcation of marital status. It is a valid divorce while pending assets  division. The denial reason is pretty clear on the paper and those are the codes used. 

The exact questions she was asked, is impossible to remember. The general details are all that I have for now. The Q&A that was documented will be obtained when I file for the FOIA. This is my plan of action prior to anything else. I know I must sound over confident of my fiancé's transparency but this is not just someone that I met and never spent time to know everything about her and her past. We did not file for the K1 after a few vacations, we both knew that relationships take time. We took our time, lived together and spend every moment we can talking about everything and anything. I guess this denial will just provide more time to build this relationship. 

 

If you lived with her was it here or in the Philippines? If the Philippines why not go back there establish residence marry and do DCF

[j&ana 380]

4 hours ago, Californian1 said:

The exact questions she was asked, is impossible to remember. The general details are all that I have for

My wife still remember the questions ask and in details

Edited March 4, 2018 by j&ana

[JFH 12,191]

7 hours ago, Orangesapples said:

Wait, what? Is this for real? I thought the US is trying to protect the immigrant, that's why it's so hard with AWA cases and such. Isn't murder the worst crime imaginable? In that case, extreme domestic violence? I can't wrap my head around this. 

AWA applies to fiance visas. Murder does not stop someone petitioning for a spousal visa. I believe there is someone on death row currently petitioning. 

[JFH 12,191]

9 hours ago, Thozelle said:

Op original post if I read correct was denied K1 because of 212(a)(5)(A). This is inadmissibilty due to labor certification. Sounds like she said she was coming here to work. 

The 212(a)(5)(A) is also used for family-based categories where the qualifying relationship cannot be established. E.g. no legal marriage but trying to obtain a spousal visa.

 

Either the OP isn’t officially divorced yet or they believe that he and the beneficiary are already married (and therefore do not qualify for a K-1). He said they have lived together. Why they didn’t marry then and file DCF is a mystery. 

 

I agree with NikLR that it seems odd that there are still ongoing legal issues with the first wife. A final divorce decree is just that - final. It is issued once all loose ends have been dealt with regarding money, property, child custody, etc. It closes the chapter on the matter. If she’s still pursuing him through the courts over who gets what it suggests the divorce isn’t final. 

[Crazy Cat 42,757]

16 minutes ago, JFH said:

A final divorce decree is just that - final. It is issued once all loose ends have been dealt with regarding money, property, child custody, etc. It closes the chapter on the matter. If she’s still pursuing him through the courts over who gets what it suggests the divorce isn’t final. 

I am not an attorney, but I have never heard of a "legal divorce pending division of assets" as the OP stated...but I was able to find that it is possible......

Edited March 4, 2018 by missileman

[Orangesapples 1,954]

2 hours ago, JFH said:

AWA applies to fiance visas. Murder does not stop someone petitioning for a spousal visa. I believe there is someone on death row currently petitioning. 

I don't think AWA only applies to fiance visas, maybe you mean IMBRA? 

[NikLR 13,232]

23 minutes ago, Orangesapples said:

I don't think AWA only applies to fiance visas, maybe you mean IMBRA? 

AWA applies to all immediate family member petitions.  But IMBRA applies only to the I-129F.

 

AWA is not domestic violence.  It is for offenses against minors.  Even misdemeanors fall under the AWA category. 

 

A murderer certainly can petition for a spouse. 

 

If someone wants to marry someone who murdered their previous spouse then they need a psychological exam IMHO.  No one in their right mind marries someone who's in prison for murdering their previous spouse regardless of circumstance.