Denied at Interview

[TennilleO 117]

Hello

My fiance had an interview and was denied based on a previous visitors visa that stated he was married. We provided paperwork stating that was not valid. He was still refused. I'm trying to figure out what can we do and if there is a next step. 

Any advice would be greatly appreciated. 

[ineedadisplayname 497]

9 minutes ago, TennilleO said:

Hello

My fiance had an interview and was denied based on a previous visitors visa that stated he was married. We provided paperwork stating that was not valid. He was still refused. I'm trying to figure out what can we do and if there is a next step. 

Any advice would be greatly appreciated. 

Hmm that might be a misrepresentation ban too. Did he get the previous visa here he claimed to be married?

Did he got a sheet and a reason (more official with some article numbers on it) so you can find out what is the exact reason? Based on that you can plan your next steps.

Edited December 3, 2019 by ineedadisplayname

[TennilleO 117]

2 minutes ago, ineedadisplayname said:

Hmm that might be a misrepresentation ban too. Did he get the previous visa here he claimed to be married?

No , he wasn't approved for the previous visa.  

If they were going to do a ban, wouldn't that have taken place during the interview? 

[geowrian 22,337]

These types of cases pop up a few times a year. Unfortunately, we very often never hear back with how it went.

Basically, they claimed to be married so they must now show that the marriage was dissolved. There is no way to "prove" that somebody is single and the best evidence available to the CO is the statement signed under penalty of perjury (the visa application) that they are married. Undoing that is not something where there is a clear path to resolve.

There was a case like a month or so ago where somebody in a common law marriage at the time was denied for the same reason. They are trying again with a document that they hope will show that the common law marriage was dissolved. No updates and it will likely take the better part of a year or so before they hear back.

 

Anyway..

What exactly happened in this case? They claimed to be married on a past visa application but was never married? Was it a customary marriage that was dissolved? What paperwork was presented to try to show it was not valid?

[geowrian 22,337]

2 minutes ago, TennilleO said:

No , he wasn't approved for the previous visa.  

If they were going to do a ban, wouldn't that have taken place during the interview? 

Not necessarily. Inadmissibilities (such as a misrep bar) are generally applied after being otherwise eligible for the visa. They were not eligible for the visa due to lack of showing that both of the individuals are and were single.

Edited December 3, 2019 by geowrian

[TennilleO 117]

1 minute ago, geowrian said:

These types of cases pop up a few times a year. Unfortunately, we very often never hear back with how it went.

Basically, they claimed to be married so they must now show that the marriage was dissolved. There is no way to "prove" that somebody is single and the best evidence available to the CO is the statement signed under penalty of perjury (the visa application) that they are married. Undoing that is not something where there is a clear path to resolve.

There was a case like a month or so ago where somebody in a common law marriage at the time was denied for the same reason. They are trying again with a document that they hope will show that the common law marriage was dissolved. No updates and it will likely take the better part of a year or so before they hear back.

 

Anyway..

What exactly happened in this case? They claimed to be married on a past visa application but was never married? Was it a customary marriage that was dissolved? What paperwork was presented to try to show it was not valid?

He used an agent to complete his paperwork and didn't review any of the documents. During that interview he was denied for not having strong ties to his country. During our interview when they asked about previous visa he told them about the visitor one and then the CO asked if he was married or has been and he said no and then he brought it to his attention that his previous application stated that and he explained that he didnt complete that and paid someone. The CO said because he signed it he would have to deny him. 

The paperwork we later submitted through our Congressman was the high court certificate of singleness that stated he was not currently married. 

[geowrian 22,337]

2 minutes ago, TennilleO said:

He used an agent to complete his paperwork and didn't review any of the documents. During that interview he was denied for not having strong ties to his country. During our interview when they asked about previous visa he told them about the visitor one and then the CO asked if he was married or has been and he said no and then he brought it to his attention that his previous application stated that and he explained that he didnt complete that and paid someone. The CO said because he signed it he would have to deny him. 

The paperwork we later submitted through our Congressman was the high court certificate of singleness that stated he was not currently married. 

Gotcha, thanks.

The CO was correct - regardless of who filled out the application, he is the one that is held responsible for everything on it as he signed it. The US government will not accept that it was due to somebody else.

Yup, a certificate of singleness does not prove somebody never married. It just shows that there is no record of a marriage within their jurisdiction...for most activities (even to marry somebody) this is fine, but not for US immigration.

[TennilleO 117]

Just now, geowrian said:

Gotcha, thanks.

The CO was correct - regardless of who filled out the application, he is the one that is held responsible for everything on it as he signed it. The US government will not accept that it was due to somebody else.

Yup, a certificate of singleness does not prove somebody never married. It just shows that there is no record of a marriage within their jurisdiction...for most activities (even to marry somebody) this is fine, but not for US immigration.

So how do we proceed forward because there isnt a marriage license to divorce from 

[geowrian 22,337]

1 minute ago, TennilleO said:

So how do we proceed forward because there isnt a marriage license to divorce from 

I'll be blunt - unfortunately, I'm unaware of any solution for this that would allow them to immigrate based on a fiance/fiancee or spouse. As noted, whenever this topic comes up, we never hear back with any solutions or even updates. I really hope somebody would come back with a solution, but presumably they immigrated in the other direction (or possibly dissolved the relationship).

Basically, the US government requires evidence that the previous marriage was dissolved, which is impossible to show as they were never married.

[TennilleO 117]

Just now, geowrian said:

I'll be blunt - unfortunately, I'm unaware of any solution for this that would allow them to immigrate based on a fiance/fiancee or spouse. As noted, whenever this topic comes up, we never hear back with any solutions or even updates. I really hope somebody would come back with a solution, but presumably they immigrated in the other direction (or possibly dissolved the relationship).

Basically, the US government requires evidence that the previous marriage was dissolved, which is impossible to show as they were never married.

Thank you. 

Maybe I will be the one person who can comeback with positive news or some kind of news to help others in the future. 

[geowrian 22,337]

6 minutes ago, TennilleO said:

Thank you. 

Maybe I will be the one person who can comeback with positive news or some kind of news to help others in the future. 

I really hope so. Good luck.

 

As a note, the K-1 is dead. The I-129F will be sent back to USCIS due to the CO believing it is invalid (as one must be free to marry). USCIS does not review a returned I-129F by policy (has to do with an automatic misrepresentation bar being applied otherwise). It will eventually expire.

So if you are to proceed, it would need to be through another petition - presumably an I-130 for a spouse. A returned I-130 is reviewed and can be reaffirmed. If one were to challenge something in court, that would be the way to go. The CO's decision generally cannot be not challenged due to the doctrine of consular non-reviewability, and the I-129F is not reviewed upon return. A denied I-130 petition could be reaffirmed or challenged in court, and the CO is not supposed to refuse a visa for the same reason with the same evidence once reaffirmed.

Edited December 3, 2019 by geowrian

[TennilleO 117]

9 minutes ago, geowrian said:

I really hope so. Good luck.

 

As a note, the K-1 is dead. The I-129F will be sent back to USCIS due to the CO believing it is invalid (as one must be free to marry). USCIS does not review a returned I-129F by policy (has to do with an automatic misrepresentation bar being applied otherwise). It will eventually expire.

So if you are to proceed, it would need to be through another petition - presumably an I-130 for a spouse. A returned I-130 is reviewed and can be reaffirmed. If one were to challenge something in court, that would be the way to go. The CO's decision generally cannot be not challenged due to the doctrine of consular non-reviewability, and the I-129F is not reviewed upon return. A denied I-130 petition could be reaffirmed or challenged in court, and the CO is not supposed to refuse a visa for the same reason with the same evidence once reaffirmed.

Thank you. I truly appreciate the advice and knowledge. 

[Rayson 42]

53 minutes ago, TennilleO said:

Hello

My fiance had an interview and was denied based on a previous visitors visa that stated he was married. We provided paperwork stating that was not valid. He was still refused. I'm trying to figure out what can we do and if there is a next step. 

Any advice would be greatly appreciated. 

Hi.

 

For this kind of case, you will need to file a spousal visa and involve an immigration lawyer at some point.

 

A spousal visa is required because it can be appealed if denied and a lawyer is needed because the case is a complicated.  There is a high probability that a ban is also involved due to a misrepresentation in the previous visa application.....and then no one is sure of the eventual outcome.

 

Expect it to be a long journey that will require lots of patience.

[TennilleO 117]

3 minutes ago, Rayson said:

Hi.

 

For this kind of case, you will need to file a spousal visa and involve an immigration lawyer at some point.

 

A spousal visa is required because it can be appealed if denied and a lawyer is needed because the case is a complicated.  There is a high probability that a ban is also involved due to a misrepresentation in the previous visa application.....and then no one is sure of the eventual outcome.

 

Expect it to be a long journey that will require lots of patience.

I knew a spousal visa was an option but felt I would run into the same problem and didnt know if marriage would even help us.

[SalishSea 17,829]

2 hours ago, TennilleO said:

He used an agent to complete his paperwork and didn't review any of the documents. During that interview he was denied for not having strong ties to his country. During our interview when they asked about previous visa he told them about the visitor one and then the CO asked if he was married or has been and he said no and then he brought it to his attention that his previous application stated that and he explained that he didnt complete that and paid someone. The CO said because he signed it he would have to deny him. 

The paperwork we later submitted through our Congressman was the high court certificate of singleness that stated he was not currently married. 

Unfortunately, he signed it, so he is responsible for the content.