Illegitimates denied us. Anyone successfully filed the appeal and won? [edited title]

[Cyberbro 4]

 We are a bit heartbroken right now.

 

I want to PH 3 times to meet her: 3 days, one week and one week. The first time I flew her to Manila and we spent 3 days together, since then we were exclusive and that was a year and 1/2 ago. Then one week in Boracay about 6 months later, then the last time  ( May. I should have married her but thought we would get the K1)I flew her her family and best friend to Cebu to meet them all and we spent the whole time with them.

She is from Zamboanga and I was told its dangerous for westerners. We have hundreds of pictures, she was never married and I'm divorced from another K1 Visa ex-wife .They don't give a reason but maybe thats it. I have a lot of soul searching to do it's a long story but to get to PH now I would need to quit my job (maybe I should I hate it anyway) but worried if I dont find a new one when I get back, they will deny the next visa due to unable to support her ( bull, I always take care of my family) .

 

Has anyone successfully filed the appeal and won?

Fiancés friends say we should have had an agency, any truth to this?

 

The woman denied the girl before our interview and well, she was pregnant the woman conducting the interview and didn't even look at the pictures and all our evidence.

[Jmdawn2028 11]

Why they denied you? How long your k1visa ex before? 

Why they denied you? How long your k1visa ex before

[Jmdawn2028 11]

When your fiance had a interview what the officer told her? 

[Cyberbro 4]

Just now, Jmdawn2028 said:

Why they denied you? How long your k1visa ex before? 

The only thing the paper says is that we didn't establish that we had a bonafide relationship. Meanwhile they didn't look at the evidence.

The woman seemed very hung up that we met on Filipino cupid and not on what happened after that in our relationship 

 

I was married for 6 years before.

 

[Jmdawn2028 11]

And how long you know this girl? 

[Cyberbro 4]

year and 1/2 all together 

[Alabamak1 688]

OP, any red flags that might give you a clue why? Age difference, maybe not enough evidence, difference in religion or a criminal background problem? Usually from what i have heard...USEM is pretty easy to get a k-1. Was the prior divorce from k-1 an issue? Too short between the divorce and next k-1? 

 

[Lucy&Jason 807]

Did you try to ask your Fiancée what was the questions to her by the CO?

[Perfect two 💑 1,147]

It is useless to appeal for K-1 Visa. They will not entertain it. Your petition will now be send back and it will be sitting there until it is expired. The first step you need to do now, try figure out what is the reason of your denial. After you figure it out, then you can make a decision what you want to do next. Either re-apply K-1 Visa again or do spouse visa. Until you figure out the reason or share the exactly the question and answer session during the interview (so that other can share what they might think the reason is), there is nothing you can do.

[geowrian 22,337]

You can try to appeal to the embassy, although every refusal goes through review already. If the visa is formally refused due to a decision of a lack of a bona fide relationship, they will send the I-129F back to NVC then to USCIS. USCIS will let it sit to expire and not review, in accordance with current policy. Effectively, the I-129F and K-1 is dead and you need to refile.

That said, I would first confirm that they actually refuse the visa and don't request more documentation.

 

52 minutes ago, Cyberbro said:

worried if I dont find a new one when I get back, they will deny the next visa due to unable to support her ( bull, I always take care of my family)

They rarely ask for an I-134 at USEM.

If you marry instead (which I suggest doing!) and live in the Philippines for 6+ months, you should be able to do DCF, which would be even faster than refiling for a K-1 now (even with the 6 month wait). Although this requires an I-864 which will be reviewed.

The issue isn't one's desire to take care of their family, but their capability to do so, which needs to be evidenced.

[TNJ17 1,329]

They don’t believe you’re a real couple. Plain and simple. That’s kind of surprising to me actually because 9/10 visas on this website are for people in the Philippines. Regardless, there’s no use in appealing their decision. You will get nowhere. Don’t waste your time. Go and get married and file for CR1. Make sure you have plenty of relationship evidence this time. It will take about 16 months. No way around it. Make sure the K1 is officially denied before filing CR1. 

[Cyberbro 4]

This is what they gave her after the interview, is this a 100% denial or could they really look into it for "reconsideration"?

[geowrian 22,337]

That's a hard refusal. The petition will be sent back to USCIS and left to expire, as is current policy.

[Lemonslice 4,790]

2 hours ago, Cyberbro said:

The only thing the paper says is that we didn't establish that we had a bonafide relationship. Meanwhile they didn't look at the evidence.

The woman seemed very hung up that we met on Filipino cupid and not on what happened after that in our relationship 

 

I was married for 6 years before.

 

How many Americans did she meet in Filipino Cupid - anyone else filed for her?

[JE57 239]

Did you front-load the petition with evidence?  It is not unusual for the interviewing officer to NOT look at things brought to the interview and it seems often times the decision to deny or not is made before the actual interview and the purpose of the interview is to confirm or refute the suspicions of the interviewing officer.  Based on what you said you've had 3 lovely vacations to the Philippines with this woman to lovely vacation spots and the woman has received benefit of seeing parts of her country she might not have seen.  Think this thru from the interviewing officers perspective.  Also as others have said it would be important to understand to the best of your fiance's recollection exactly what the question and answers were.  

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If you didn't front load your application with evidence of a real relationship this could be problematic.  It does seem you've done everything right from what you said and it is surprising to hear about such denial under the circumstances as you presented them.   Is there a massive age difference, a significant difference in religion?  Anything else that might contribute?  Knowing the possible red-flags will allow the community to give better advise on the next step(s). 

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Generally speaking you could move to the Philippines and marry her as stated but without knowing more about what caused the K-1 denial a subsequent denial for a spousal visa while un-likely is still a possibility.  

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My advise tell your fiancee to stay calm and try to have her tell you every little detail about what the questions and answers were

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As others have said your K-1 is essentially dead.  You might try to contact the embassy to get details about why they didn't believe you were a real couple so you could figure out what you'd need to do to have a better chance on a subsequent (front loaded) K-1 or if there would be any potential problems with a subsequent spousal Visa. 

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Good Luck and God Bless.