HELP PLEASE Visa denied

[bigred6ft4 8]

hello all I filed my I-129f back in Dec of 1017 and just got a denial letter. But there is still hope the issue is my Fiance is from the Philippines she was married twice and has 3 older kids. the first Marriage was in the Philippines to and American guy and about three months after the marriage she did move to the US  but only stayed with him for two months and moved back to the Philippines (she was not happy with the relationship) she also was pregnant with his daughter when she left the USA.

 

After a few mouths back home he stopped calling and they lost touch he never even saw his daughter in person. Flash forward 5 years later she (my fiance) meet her second husband and after a few years dating they wanted to get married but she could not get in touch with her first husband in the US. So after talking to a Lawyer in the Philippines they were told the fastest way to end the marriage was to have the Philippine courts give a order of Declaration of Presumptive death. Witch the court did grant (after a short trial and she had to put adds in the local newspaper) the court did grant the order and this allowed my Faience to Merry her second husband, This second marriage lasted 18 years until his death in 2015

should I be worried about all this husband death? LOLOL Just kidding anyway I filed the I129f and the reason it was denied was because the first husband Is still alive in the US very old now but the denial says I did not prove the first husbands presumed death by the Philippine courts would allow her to marry me here in the USA I am contacting a lawyer this time and want some thoughts on should I appeal or file a motion to reconsider witch will be faster. Thanks so much for any help with this roller coaster ride for love.

I did get a fre about the first husband and sent the full court file of the presumptive death court order and a copy of the Philippine law but was still denied. Thank you for your responses.

 

Edited October 1, 2018 by Ontarkie
Removed attachment do to personal information.

[Ben&Zian 4,398]

While perhaps that is legal in the Philippines obviously USCIS does not recognize it especially with the original husband infact sitll being alive. Only way around it is to have them finalize a divorce.

[bigred6ft4 8]

Oh and i did not think the first marriage was going to be a issue because the Philippine courts did allow her to Marry the second husband go figure

[debbiedoo 2,339]

id be more concerned about being husband #3, honestly.

 

USCIS will either want a death certificate (which obviously doesn't exist because hes not .... dead. or  Divorce decree. Until you have that, no visa will be issued.

[Ann&James 179]

Just now, bigred6ft4 said:

Oh and i did not think the first marriage was going to be a issue because the Philippine courts did allow her to Marry the second husband go figure

The Philippine courts may have allowed her to marry the second husband but you are now dealing with US institutions and the husband is alive and well in the US.

[bigred6ft4 8]

I did run a background check on the first husband and in the USA records he was never married

[Jeanne Adil 1,651]

Can not appeal a  K1 denial

she needs a divorce from 1st husband and then to marry u 

doesn't mean she will be approved but it is all that is left for u

 

if she married in Phillipines,  she would have had to prove that to immigration to come here like u said she came

Edited October 1, 2018 by adil-rafa

[bigred6ft4 8]

Sorry yes you can appeal it says so right on the denial. TY for the input

[Ben&Zian 4,398]

Also you weren't denied a visa. The I-129f petition was denied you are saying. The K-1 is denied through the embassy.

 

And there is no appeal for I-129f petitons or K-1 visas. 

 

I-129f's are denied by USCIS. Case closed.

 

K-1 visas get denied by the embassy and sent back to USCIS to be left to expire. No appeal.

 

 

Cr/IR-1 visa's can be appealed/reopened though.

Edited October 1, 2018 by Ben&Zian

[bigred6ft4 8]

No the i-129f was denied thanks

[geowrian 22,337]

1 minute ago, bigred6ft4 said:

I did run a background check on the first husband and in the USA records he was never married

Okay...

1) Doesn't change anything with your case.

2) There's no way to ensure somebody is not married in the US...there's no central source for this data. There's tax returns, other statements, local county registrar, etc., but nothing definitive. There is a way to prove somebody is married via finding a record of it, but no way to prove somebody is not married.

 

2 minutes ago, bigred6ft4 said:

Sorry yes you can appeal it says so right on the denial. TY for the input

The I-129F (not the visa) can be appealed. However, there is no basis to do so in your case. You must formally terminate the marriage then a new I-129F can be filed.

[bigred6ft4 8]

So the marriage should be terminated in the Philippines first where they got married?

[geowrian 22,337]

Just now, bigred6ft4 said:

So the marriage should be terminated in the Philippines first where they got married?

It needs to be formally terminated anywhere...presumably this would be in the Philippines since that's where there is a record of the marriage, but I guess it would be possible to do so elsewhere (a family law attorney would be best to answer this question).

[Jeanne Adil 1,651]

not sure how a person in the Phillpinnes can have a USC declared dead when our laws state they must be missing 7 years  (Flash forward 5 years later is what write)

this store has a lot of holes and hard to believe

[Ben&Zian 4,398]

Any marriage needs some form of finalization. Whether divorce, annulment, or death (real death)... again not sure how the Philippines deals with this stuff; but seemed easy enough for the guy to be found now alive and well.

Edited October 1, 2018 by Ben&Zian