K1 Visa denied at Phnom Penh Cambodia Embassy, questions and concerns on what to do next. (merged)

[Dataunavailable 82]

14 minutes ago, carmel34 said:

There's something strange about your case with all of her relatives in your area in the US, and the fact that you were introduced to your fiancee online, by her US-based relatives who all came on K-1s sounds like the cause of the denial.  Based on all of her family already in the US, and in your same city, it seems likely that the IO saw something that looked like fraud.  This could be the reason the IO was focused on the aunt vs. sister questioning in her interview.  They appear to be trying to get her to the US faster through you given the very long wait times to petition for a sibling or a child over 21.  Cambodia is considered a high-fraud country.

I know they probably can't verify, but the  aunt has been married to the same guy for 14 years, her sister has been married to the same guy for 10 (the guy that did the K1 for her),  and both of her cousins married almost the same month they entered the U.S and are all still married.

 

But again, I know they probably have no way to accurately check that. 

[carmel34 3,634]

6 minutes ago, Dataunavailable said:

I know they probably can't verify, but the  aunt has been married to the same guy for 14 years, her sister has been married to the same guy for 10 (the guy that did the K1 for her),  and both of her cousins married almost the same month they entered the U.S and are all still married.

 

But again, I know they probably have no way to accurately check that. 

What is her mother's status in the US?  US citizen?  LPR?  Did she also immigrate with a K-1?

[Unlockable 7,314]

5 hours ago, Dataunavailable said:

I know they probably can't verify, but the  aunt has been married to the same guy for 14 years, her sister has been married to the same guy for 10 (the guy that did the K1 for her),  and both of her cousins married almost the same month they entered the U.S and are all still married.

 

But again, I know they probably have no way to accurately check that. 

Sorry to hear what happened. But here is a few words of advice. You keep bringing up other couples (your friends who married Cambodians and you Aunts). This has nothing to do with your case. You have to focus on your relationship and your relationship alone. Your aunt being with someone for 14 years does not guarantee your relationship will be the same.

 

5 hours ago, Dataunavailable said:

And that's why I'm so confused by the 221(g) on the paper. Because we are legitimately wanting to marry, I even have a letter from my church that will do the wedding. Nothing she said sounds willfully or misrepresentation of material.  

 

The interviewing officer said she can reapply, but this form is done. 

What is "legitimately want to marry"? Even if the married is only for her to immigrate to the US that means they legitimately want to marry. They are just not marrying for love.

 

I agree that it is the combined coincidence of her family living close to you, setting up the meeting, and only one visit for the engagement that did it. Fortunately, if the relationship is real, you still have the option to marry and file for a spousal visa or you can move to her country. But during this time you should spend more in-person time with your fiance.

[USS_Voyager 1,972]

I agree with the assessment that it sounds like they think this is a set-up of some kind by her family in order to bring her here bypassing the other routes of immigration. However, I don’t think they can charge the misrepresentation just by “thinking”. They must see some evidence either written or something was said that they know for sure it was wrong. 

 

Fighting that misrep won’t be cheap or easy and as someone mentioned, no guarantee of success, even the waiver is a discretionary process. As long as that misrepresentation is on her records, she’s not going to the US.

[Boiler 45,541]

Talking of money have her family helped with the costs of this process?

[Dataunavailable 82]

7 hours ago, carmel34 said:

What is her mother's status in the US?  US citizen?  LPR?  Did she also immigrate with a K-1?

Her mother is not a citizen yet, she is a green card holder. My fiances sister petitioned for her mother to come to the U.S. 

[Boiler 45,541]

1 minute ago, Dataunavailable said:

Her mother is not a citizen yet, she is a green card holder. My fiances sister petitioned for her mother to come to the U.S. 

Did you fiance's sister also petition for her?

[Dataunavailable 82]

33 minutes ago, Boiler said:

Talking of money have her family helped with the costs of this process?

Outside of her sister flying to Cambodia with me, no. This has been all out of my own pocket. 

 

I have paid all fees, plane tickets, everything that needed to be done, has been paid by me. I never asked them for help also, so that might be why. 

[Dataunavailable 82]

3 minutes ago, Boiler said:

Did you fiance's sister also petition for her?

I just asked her, and she said no. That she only petitioned for her mother. Which I can see how that would cause problems. 

[cyclone27 710]

Cambodia is notoriously hard for both k1 and CR1/IR1. I think you will be visiting many times before you should think about any visa. (Face Time is supreme)

[Boiler 45,541]

2 minutes ago, Dataunavailable said:

I just asked her, and she said no. That she only petitioned for her mother. Which I can see how that would cause problems. 

Does she have other sisters, brothers, father over there

[Dataunavailable 82]

2 hours ago, Unlockable said:

Sorry to hear what happened. But here is a few words of advice. You keep bringing up other couples (your friends who married Cambodians and you Aunts). This has nothing to do with your case. You have to focus on your relationship and your relationship alone. Your aunt being with someone for 14 years does not guarantee your relationship will be the same.

 

What is "legitimately want to marry"? Even if the married is only for her to immigrate to the US that means they legitimately want to marry. They are just not marrying for love.

 

I agree that it is the combined coincidence of her family living close to you, setting up the meeting, and only one visit for the engagement that did it. Fortunately, if the relationship is real, you still have the option to marry and file for a spousal visa or you can move to her country. But during this time you should spend more in-person time with your fiance.

But if they are returning the Petition based on grounds of fraud and wilful misrepresentation of material, would that not impact her chance of coming in. I've been reading that this sort of denial can permanently ban her from entry into the U.S. 

 

I'm hoping this week my Senators office can contact the Embassy and find out the exact reason for denial.

[Dataunavailable 82]

1 minute ago, Boiler said:

Does she have other sisters, brothers, father over there

No, her brothers live there, one just married and lives in the province, the other is in Phnom Penh working. Neither of them want to come here. Her father unfortunately passed away when she was very young. 

[Boiler 45,541]

Just now, Dataunavailable said:

But if they are returning the Petition based on grounds of fraud and wilful misrepresentation of material, would that not impact her chance of coming in. I've been reading that this sort of denial can permanently ban her from entry into the U.S. 

 

I'm hoping this week my Senators office can contact the Embassy and find out the exact reason for denial.

She was told the reason for the denial. A senator can not find out anything more.

 

As has been mentioned there is a mis rep waiver. 

Just now, Dataunavailable said:

No, her brothers live there, one just married and lives in the province, the other is in Phnom Penh working. Neither of them want to come here. Her father unfortunately passed away when she was very young. 

So she was left alone when her Mother moved?

[Dataunavailable 82]

1 hour ago, USS_Voyager said:

I agree with the assessment that it sounds like they think this is a set-up of some kind by her family in order to bring her here bypassing the other routes of immigration. However, I don’t think they can charge the misrepresentation just by “thinking”. They must see some evidence either written or something was said that they know for sure it was wrong. 

 

Fighting that misrep won’t be cheap or easy and as someone mentioned, no guarantee of success, even the waiver is a discretionary process. As long as that misrepresentation is on her records, she’s not going to the US.

Last night writing this I was extremely tired as I had not slept well at all since hearing of this. 

 

When I woke I went over everything I wrote here and looked at my forms. 

 

These are the two problems I have found. And I have all supporting legal documents to show that it is correct. 

 

So on the G325a, I wrote correctly my mothers information.  Where she was born and where she lives. On the I-129f, I wrote in the space for parents info, [city of residence] her birth city.  I must have double and triple checked that form before filing. And somehow still stupidly must of read that as city of birth. 

 

So my fiance said my mothers city of residence, and the I-129f shows a different city. Which I have legal documents from my mother to prove both cities are legally accurate. It was just a clerical error. 

 

The other problem lies in that, on my G325a, it asks for mothers maiden name. Wrote what it legally was. The I-129f asks for family name, which when I googled, said it's like maiden name. Families name. So on the I-129f, I also wrote her maiden name. 

 

During testing her for the interview, I kept saying my mothers legal last name from her marrying my step father very long ago. So my fiance when asked what is his mothers name, gave her current legal last name, not what was her maiden name on the form. 

 

Also have all supporting documents, birth certificate of my mother to show maiden name, her drivers license to show current address and legal last name. 

 

This is 100% the two mess ups we had, I am being honest here, because hiding something we made a mistake on, will not get us the help we need. 

 

But the two errors, I have all documents to show that nothing was lied about with that,  nothing was wilfully hidden. 

Edited March 24, 2019 by Dataunavailable