K1 Visa 129-F Denial -- Next Steps?

[JAC&MEH 34]

According to the statistics here in the forum, the average wait between NOA2 and the interview for Mexico is 586 days!  Maybe that’s why they are approving a few K3’s for Mexico. Makes it tempting to just reapply for the K1 after looking at those statistics. 🥺

[HRQX 4,145]

22 minutes ago, JAC&MEH said:

According to the statistics here in the forum, the average wait between NOA2 and the interview for Mexico is 586 days!

From "Case Complete" during the NVC phase to being scheduled an interview:

 

[SalishSea 17,801]

2 hours ago, JAC&MEH said:

According to the statistics here in the forum, the average wait between NOA2 and the interview for Mexico is 586 days!  Maybe that’s why they are approving a few K3’s for Mexico. Makes it tempting to just reapply for the K1 after looking at those statistics. 🥺

But 5 out of whatever the total number of applicants from Mexico will still amount to a fraction of a percentage, at best.  

 

Juarez is notoriously backed up for interviews.

[JAC&MEH 34]

26 minutes ago, Jorgedig said:

But 5 out of whatever the total number of applicants from Mexico will still amount to a fraction of a percentage, at best.  

 

Juarez is notoriously backed up for interviews.

Ok.... yet another dumb question.  Whether I go for another K1, an I-130, or an I-130 & K3, in all cases Juarez is the bottleneck.  As you have just aptly pointed out, the chances of actually getting a K3 are slim to none so would I be better off going the I-130 route and have her attempt to obtain a visitor visa for which she could interview in Tijuana?  Just a thought.  I know that it is a long shot as well but it sounds like it may be no more unlikely as the K3 so what's the harm?  Just brainstorming here....  Already been through a failed K1 attempt and not really looking forward to waiting another 2+ years to get her stateside.  

[SalishSea 17,801]

2 hours ago, JAC&MEH said:

Ok.... yet another dumb question.  Whether I go for another K1, an I-130, or an I-130 & K3, in all cases Juarez is the bottleneck.  As you have just aptly pointed out, the chances of actually getting a K3 are slim to none so would I be better off going the I-130 route and have her attempt to obtain a visitor visa for which she could interview in Tijuana?  Just a thought.  I know that it is a long shot as well but it sounds like it may be no more unlikely as the K3 so what's the harm?  Just brainstorming here....  Already been through a failed K1 attempt and not really looking forward to waiting another 2+ years to get her stateside.  

There is no harm in trying the CR-1/K-3 route.  Might want to read up on the posts by people who have done this recently.  

 

I am not sure if they do visitor visa interviews in Tijuana, but with you in the US, her challenge will be to present adequate ties to Mexico due to the requirement for the CO to presume immigrant intent.  But again, there is no harm in trying.  A B visa denial will not adversely affect her application for an immigrant visa.

[Calicolom 265]

On 11/8/2019 at 9:48 AM, JAC&MEH said:

I have been in frequent contact with 3 posters on this forum who had very similar situations.  One is from Kenya, the other Jamaica, and the last in Argentina.  In all three cases, they provided the USCIS with Single Status Certificates as proof of their eligibility to marry.  In two of the instances, it was at the same USCIS stage as we are when responding to an RFE and in both cases they proceeded all the way through the process and successfully obtained their K1 visa.  In one of the cases, it was during an AOS stage after the person had already entered the country on a visitor visa, married a US citizen, and was then going through the AOS phase.  I am fully aware that there is absolutely no consistency on how different adjudicators may consider evidence submitted to them in response to a RFE.  It is quite possible that the others that I have been communicating with simply lucked out.  Who knows.  I consulted with a US attorney and a Mexican attorney when preparing our response to the RFE.  I had my fiancee prepare a sworn statement, the Mexican attorney write a letter, and sent in the official Single Status Certificate.  I had everything officially translated into English.  Not really sure what else I could have done.

 

As for the misrepresentation angle, I gave that a lot of thought and that was another reason I sought legal counsel in both the US and in Mexico. She honestly was living with this guy for over 5 years at the time she applied for her visitor visa.  If it becomes necessary, he is willing to cooperate in whatever fashion may be necessary to document the relationship.  After getting this denial, it appears that may be our last option but I am not aware of how one can obtain a legal divorce from someone that you were never legally married to.  I was not aware but in Mexico if two people (who are otherwise legally able to marry) live together as husband and wife for over 2 years, they are considered to be in a common-law marriage.  I had this corroborated by the Mexican attorney in her letter that was submitted with the RFE response package as I am by no means an expert in Mexican law.  

 

As most people on the forum are aware, the information conveyed on the case status page is not very helpful and does not elaborate in the least bit so clearly I am going to have to wait for the actual letter to come in the mail.  My last hope is that we are actually receiving a NOID and not a flat out denial so that we will at least have one more opportunity to find which rock that are actually looking for.  From what I hear, the appeal process is not the right approach.  Is there any chance that the denial could be based on something entirely apart from the actual subject of the RFE?  I'm assuming that must be it or otherwise I would have thought they would have brought any other concern up during our RFE.

I think you do not understand the problem, she stated she is married, for convenience,  how is she going to state she is not married, for convenience.

[Nitas_man 3,100]

On 11/8/2019 at 10:22 PM, JAC&MEH said:

If she is successful in obtaining a divorce from her common-law spouse and we choose to re-file for a K1, do I need to officially request that my current petition be withdrawn or is that unnecessary since it has been denied?   Do you think we would be better off getting married down there and going the I-130 route?  The only reason we even opted for the K1 was that we wanted to be together ASAP. 

Your petition is dead.

It’s interesting that you can’t see the weight falling when you submit a divorce decree with your next petition dated after you filed a K1 petition claiming that both of you were single / free to marry following a visa application by the beneficiary where beneficiary checked that she was married.

 

Put yourself in a reviewer’s shoes and read the above to yourself.  

[Nitas_man 3,100]

11 hours ago, Calicolom said:

I think you do not understand the problem, she stated she is married, for convenience,  how is she going to state she is not married, for convenience.

Replace “convenience” with “for purpose of US entry” and yeah this couple has a long hard road

[Russel1995 163]

Jurauz is not a bottle neck for k1 interviews.

 

For the k1 interview in jurauz you can acces  a calander online and schedule the interview yourself. Cr1 must wait for their ketter.

 

With k1. you schedule as early as possible and change it to a earlier date when it opens.  possibly about 3 months after they receive the i129f.

 

 

[carmel34 3,620]

Trying to make sense of seven very interesting pages of this thread.  

 

OP wants to be with girlfriend as soon as possible, so he filed for a K-1.

 

Some years ago, girlfriend checked a box as married on a tourist visa application when in fact she was in a common-law relationship that was never registered legally in Mexico, and did not check the common-law box or single box, so it wasn't a simple "error."  She signed the visa application as true and accurate "under penalty of perjury."  Problem #1.

 

K-1 was denied at USCIS for not providing a divorce decree from the previous marriage stated earlier on the tourist visa.  Problem #2.

 

A divorce decree cannot be obtained for a marriage that did not happen, so OP is trying to find a way to get a "termination of common-law relationship" in Mexico when this relationship was never registered legally in Mexico.  Problem #3.

 

OP is now going to file a CR-1 for his girlfriend, but will run into the same problem as with the K-1 petition--USCIS will ask for a divorce decree from the marriage stated on her denied B visa application, something that cannot be obtained.  Even if a certificate of "termination of common-law relationship" can be obtained from a court in Mexico, USCIS will be asking for a divorce decree since her B visa application stated that she was married, not in a common-law relationship.  Problem #4.

 

I admire you OP for your commitment to this relationship, trying to explore all options to be together with someone you are clearly in love with.  To try and overcome the many problems with your situation, the road will be very long and the attorney fees expensive, with no guarantee that the outcome will be a visa to enter the US for your girlfriend, or future wife.  You should have some open and honest discussions with your girlfriend about her willingness to live with you in Mexico if that is the only way you can be together "as soon as possible."  Please keep the VJ community updated as your case progresses.  I hope your dreams will be realized soon and that you can be together every day.  And good luck with your journey wherever it takes you!

 

 

[Mwkaasj 67]

I would just get married in Mex and petition as a married couple.   You won’t be requesting a visa and the rights are different legally.

Edited December 17, 2019 by Mwkaasj

[SalishSea 17,801]

2 hours ago, Mwkaasj said:

I would just get married in Mex and petition as a married couple.   You won’t be requesting a visa and the rights are different legally.

This is incorrect.  Marriage to a USC confers no privilege or rights when it comes to immigration.  Still need the visa.

[wxman22 109]

Your only option st this point is to get married in Mexico and apply CR1/K3.

 

If you guys love each other,  there is no other option.

If not,  move on.

[Rose711 35]

It may take getting before an immigration judge to sort this out. I can’t see anyone else having the ability to deal with all the issues in your application.

 

But I’m not sure how you will do that from outside the US as she will be in Mexico. There may be a way since you are a USC living here.  It’s gong to be long and expensive and she still may not win.

 

Is there a 3rd country you both can live in? 
 

edit to add: Dont waste time in a visitors visa or another K1. If you want to get married with the risk you may not ever be together in the US, then just go ahead and  get married in Mexico if she is allowed to legally marry there.

Edited December 23, 2019 by Rose711

[IndiaAnnie 163]

On 11/7/2019 at 2:08 PM, JAC&MEH said:

During a previous visitor visa application she listed her marital status as married.  It was a common-law marriage and it was not legally binding.  The RFE was for me to provide proof of termination of her prior marriage.  I could not produce a divorce decree as none existed.  I did, however, provide a Single Status Certificate from the Mexican government showing that she was indeed single and had no impediments to being married.  I had consulted with others on this forum that had similar situations and they had submitted a Single Status Certificate for just such a case and they were approved.  I have not received the official denial letter yet but I have to assume that it is due to my not being able to produce a divorce decree for a non legally-binding marriage.  I would not imagine that would receive our RFE response, review it, and then deny us on different grounds but who knows.

 

Not sure if it would make sense to file again as I would still not be able to produce a divorce decree.  I'm not really sure what we can do.  If we go ahead and get married and go the whole I-130 route, wouldn't this same issue come up again?  In order for us to be able to get married in Mexico, she would need to produce the very same Single Status Certificate that we sent to them in response to our RFE.  Maybe someone on here that has had a K1 denied and then successfully went on to secure an I-130 could chime in with some advice.  The reason we even went the whole K1 route was so that we could be together sooner.  I guess that didn't really work out.

Sorry for your results and totally understand the pain. We weren't denied but they kept us in administrave processing for 8mths+ after interview (because I filed a complaint with the jackass officers superior through my senator office). I told them I was flying to India and if I didn't have an answer by the time I landed that we'd be getting married instead. They returned our case to USCIS the day after I arrived. So...I extended my stay and we got married (45-day process in India). We filed the month after our marriage (Dec 2018), interviewed again in November 2019 and he arrived Dec 5, 2019. I would suggest filing the appeal, if it's an option, and then start making your travel and wedding plans in Mexico. Best case they approve your appeal and next best case you fly off to get married. When you file CR1 you can file a K3 few weeks afterwards and grossly expedite your USCIS approval time. The issue with Mexico will be the lengthy wait for the embassy appointment (last time I saw they were a bit more delayed than others). Wish you the very best!!