Denied at Interview

[Boiler 45,519]

I think we are getting sidetracked, I know if I attended an interview and I had said in a prior application that I was married I would know about it. Also it having come up and if I knew I had not well then I think that might be something I would be disputing big time.

 

The CR1 is no different from the K1, they still have documentation stating he is married and in any subsequent process will want to to that the prior marriage was dissolved.

[dwheels76 5,468]

2 hours ago, TennilleO said:

Thank you.  How do I access it without having the retrieval code. 

You need the application ID#. That would be on the confirmation page that was required at interview. Did you by chance download that confirmation page. If you did get it off that and you can pull up the application.

[TennilleO 117]

2 minutes ago, dwheels76 said:

You need the application ID#. That would be on the confirmation page that was required at interview. Did you by chance download that confirmation page. If you did get it off that and you can pull up the application.

I have it for the interview he did for me but I need to see his form from his previous interview before me.

[SalishSea 17,829]

3 hours ago, Unknown4 said:

You talk it well brother,lot of these has happened to innocent, agent has mislead and lier on behalf of many applicants at past which the lier later affect those applicants in the future 

Sorry, but this is BS.  Visa applicants are responsible for the content of their own applications, regardless of hiring an “agent.”  Plus, the agent does not go to the interview on anyone’s behalf, now do they?

[Villanelle 4,122]

This has happened to others. Just so you are clear on this- the K is dead. You need to move on to your next step which is the CR visa, so start making plans for a marriage and get the CR paperwork going. IMO no one really posts back what happens in their situations because nothing really happens... An error like that on the DS is not as big an issue for the CR visa. For the K visa it is a big issue. You need to be single for the K visa so having a DS that stated you were married with no divorce decree can not be overcome. For the CR visa you need to show you are married (which you would have a marriage certificate) The discrepancy on the DS also comes up however because you have a marriage certificate (and you wouldnt have been able to obtain one with out being single) they are able to accept that the marriage certificate was issued correctly (to a single person) and the DS was an error. W/o that its impossible to prove the DS was in error. Does that make sense>? 

 

But as @arken mentioned this whole thing should give you a moment to pause and re look at things. I totally get WHY someone would lie on the DS form. But thats not an excuse. It was either knowingly done or was a result of ignorance. Neither scenario is good. If it was knowingly done then it shouldve been disclosed to YOU when you started the visa process. If it was ignorance, well thats a whole other mess youre getting into. Be prepared to deal with a variety of issues in the future. Oh I didnt know I signed up to vote at DMV, I just signed what they gave me. Oh I didnt know the tax guy put 5 dependents giving us a huge refund. Oh I didnt know the bank made an error I just saw money in the account so I spent it. 

 

 

 

 

 

 

[TennilleO 117]

3 minutes ago, Villanelle said:

This has happened to others. Just so you are clear on this- the K is dead. You need to move on to your next step which is the CR visa, so start making plans for a marriage and get the CR paperwork going. IMO no one really posts back what happens in their situations because nothing really happens... An error like that on the DS is not as big an issue for the CR visa. For the K visa it is a big issue. You need to be single for the K visa so having a DS that stated you were married with no divorce decree can not be overcome. For the CR visa you need to show you are married (which you would have a marriage certificate) The discrepancy on the DS also comes up however because you have a marriage certificate (and you wouldnt have been able to obtain one with out being single) they are able to accept that the marriage certificate was issued correctly (to a single person) and the DS was an error. W/o that its impossible to prove the DS was in error. Does that make sense>? 

 

But as @arken mentioned this whole thing should give you a moment to pause and re look at things. I totally get WHY someone would lie on the DS form. But thats not an excuse. It was either knowingly done or was a result of ignorance. Neither scenario is good. If it was knowingly done then it shouldve been disclosed to YOU when you started the visa process. If it was ignorance, well thats a whole other mess youre getting into. Be prepared to deal with a variety of issues in the future. Oh I didnt know I signed up to vote at DMV, I just signed what they gave me. Oh I didnt know the tax guy put 5 dependents giving us a huge refund. Oh I didnt know the bank made an error I just saw money in the account so I spent it. 

 

 

 

 

 

 

Thank you. I have slowed down to ask more questions to get more info before making a decision. 

[Ifemi4835 38]

On 12/3/2019 at 5:22 PM, 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. 

A Nigerian immigration lawyer is needed at this point...this has to be resolved before any other moves.

[TennilleO 117]

On 12/6/2019 at 10:30 PM, Villanelle said:

This has happened to others. Just so you are clear on this- the K is dead. You need to move on to your next step which is the CR visa, so start making plans for a marriage and get the CR paperwork going. IMO no one really posts back what happens in their situations because nothing really happens... An error like that on the DS is not as big an issue for the CR visa. For the K visa it is a big issue. You need to be single for the K visa so having a DS that stated you were married with no divorce decree can not be overcome. For the CR visa you need to show you are married (which you would have a marriage certificate) The discrepancy on the DS also comes up however because you have a marriage certificate (and you wouldnt have been able to obtain one with out being single) they are able to accept that the marriage certificate was issued correctly (to a single person) and the DS was an error. W/o that its impossible to prove the DS was in error. Does that make sense>? 

 

But as @arken mentioned this whole thing should give you a moment to pause and re look at things. I totally get WHY someone would lie on the DS form. But thats not an excuse. It was either knowingly done or was a result of ignorance. Neither scenario is good. If it was knowingly done then it shouldve been disclosed to YOU when you started the visa process. If it was ignorance, well thats a whole other mess youre getting into. Be prepared to deal with a variety of issues in the future. Oh I didnt know I signed up to vote at DMV, I just signed what they gave me. Oh I didnt know the tax guy put 5 dependents giving us a huge refund. Oh I didnt know the bank made an error I just saw money in the account so I spent it. 

 

 

 

 

 

 

Thank you. I have slowed down to ask more questions to get more info before making a decision. 

[TennilleO 117]

Update: we discussed more details and ive spoken to an attorney. 

I was advised if I want to move forward that i would have to do exactly what everyone has suggested on this forum. The cr1 and the waiver so now I just need to decide how to proceed and if i move forward is this something we can do without an attorney or not.

[dwheels76 5,468]

2 minutes ago, TennilleO said:

Update: we discussed more details and ive spoken to an attorney. 

I was advised if I want to move forward that i would have to do exactly what everyone has suggested on this forum. The cr1 and the waiver so now I just need to decide how to proceed and if i move forward is this something we can do without an attorney or not.

Waivers can be tricky. I would go to the waivers group here on VisaJourney and seek help and prep there. Mostly everyone there is DIY.

[Boiler 45,519]

Getting to the waiver seems the issue, how will you deal with the divorce documentation?

[TennilleO 117]

1 minute ago, Boiler said:

Getting to the waiver seems the issue, how will you deal with the divorce documentation?

There is no need for divorce when thwre wasn't a marriage

[Sparkle Sparkle 914]

4 minutes ago, TennilleO said:

Update: we discussed more details and ive spoken to an attorney. 

I was advised if I want to move forward that i would have to do exactly what everyone has suggested on this forum. The cr1 and the waiver so now I just need to decide how to proceed and if i move forward is this something we can do without an attorney or not.

You need an attorney... Your beneficiary is from a high fraud country, plus this mess with his previous ds-160... You definitely need a lawyer, lots of love understanding and patience.. Good luck 

[Boiler 45,519]

3 minutes ago, TennilleO said:

There is no need for divorce when there wasn't a marriage

Well admittedly it was not totally clear whether he was or not, the problem is that it is on record with the Consulate that he was married.

[Sparkle Sparkle 914]

8 minutes ago, TennilleO said:

There is no need for divorce when thwre wasn't a marriage

That my friend is misinterpretion... And he will need to file a waiver with CR1