Needing RFE Help!

[Aaron12 1]

So I submitted the K1 visa petition waaay back in early July of 2018. Just last month I finally received some news, but it was an RFE. I'll try to make this a long story short, but it will still be a bit long.

 

I met my girlfriend in Colombia almost 2 years ago now. I was there for about 5 months while we were together, but then I had to return to the US. Shortly after I returned to the US, we wanted to try our luck with the visitor visa. My girlfriend wasn't confident we could do it ourselves and get it correct, so her friend who worked with a travel agency in Colombia helped. Unfortunately, he royally screwed up the application for us and we didn't know until after he submitted it. He said we were married on the form, which we clearly were not. Obviously when the embassy sees this and listens to my girlfriend talk about us just being boyfriend and girlfriend, they know something doesn't add up. I still 100% believe this is the only reason she was denied for that Visa back then.

 

Anyways, fast forward to now and I receive the RFE for the K1 visa petition. It states how the visitor visa we did stated we were married back then and that basically we need to provide proof of marriage, because we are applying for a visa to get married, which doesn't make sense to them. I hadn't even thought about this coming up again on this K1 visa until I saw the letter from USCIS. I have entirely no idea what to do...we aren't married and never have been. Can we write up a letter that states we were never married and that the visitor visa was filled out incorrectly, both sign it, and send that as the evidence for the RFE? Any advice or help would be greatly appreciated as I just don't know what I could send in as proof or evidence for their RFE.

 

I also am not sure if this is the correct forum for this, but this is the only topic I've ever created on here. Let me know if this should be somewhere else or something. Thanks!

[Dashinka 24,617]

So she has a misrepresentation on her B2 application, I would look at getting a lawyer, maybe plan on getting married there, and filing for a spousal visa.  

 

Good Luck!

Edited January 10, 2020 by Bill & Katya

[Lucky2Lucky 2,526]

Unfortunately these past misrepresentations do come back to bite you in the butt. She fraudulently tried to obtain a visa.  Side note- it doesn’t matter when someone else completes forms for you as you are the one signing that everything is truthful in the document- just remember this for the future. 
 

It may be best for you to withdraw the k1 get married and file a cr1.

 

good luck.

[Crazy Cat 41,982]

2 hours ago, Aaron12 said:

So I submitted the K1 visa petition waaay back in early July of 2018. Just last month I finally received some news, but it was an RFE. I'll try to make this a long story short, but it will still be a bit long.

 

I met my girlfriend in Colombia almost 2 years ago now. I was there for about 5 months while we were together, but then I had to return to the US. Shortly after I returned to the US, we wanted to try our luck with the visitor visa. My girlfriend wasn't confident we could do it ourselves and get it correct, so her friend who worked with a travel agency in Colombia helped. Unfortunately, he royally screwed up the application for us and we didn't know until after he submitted it. He said we were married on the form, which we clearly were not. Obviously when the embassy sees this and listens to my girlfriend talk about us just being boyfriend and girlfriend, they know something doesn't add up. I still 100% believe this is the only reason she was denied for that Visa back then.

 

Anyways, fast forward to now and I receive the RFE for the K1 visa petition. It states how the visitor visa we did stated we were married back then and that basically we need to provide proof of marriage, because we are applying for a visa to get married, which doesn't make sense to them. I hadn't even thought about this coming up again on this K1 visa until I saw the letter from USCIS. I have entirely no idea what to do...we aren't married and never have been. Can we write up a letter that states we were never married and that the visitor visa was filled out incorrectly, both sign it, and send that as the evidence for the RFE? Any advice or help would be greatly appreciated as I just don't know what I could send in as proof or evidence for their RFE.

 

I also am not sure if this is the correct forum for this, but this is the only topic I've ever created on here. Let me know if this should be somewhere else or something. Thanks!

This kind of issue comes up around here now and then. We rarely find out the outcome.  Fortunately, she did not get that visitor visa.  Otherwise, it would probably be a material misrepresentation.  You can try that letter......or ask an attorney to help you.....or you could go there, marry, and apply for a CR-1 as stated by @Bill & Katya.....

 

Please keep us informed......Good luck in your endeavor.

"Tales of the Green card"

[Dashinka 24,617]

38 minutes ago, missileman said:

This kind of issue comes up around here now and then. We rarely find out the outcome.  Fortunately, she did not get that visitor visa.  Otherwise, it would probably be a material misrepresentation.  You can try that letter......or ask an attorney to help you.....or you could go there, marry, and apply for a CR-1 as stated by @Bill & Katya.....

 

Please keep us informed......Good luck in your endeavor.

"Tales of the Green card"

It is kind of hard to prove a negative with respect to not being married which was put on the DS160.  

[Crazy Cat 41,982]

28 minutes ago, Bill & Katya said:

It is kind of hard to prove a negative with respect to not being married which was put on the DS160.  

I agree. I have never seen any posters with similar cases return to tell us how or if they resolved the issue.  The best and most expedient thing to do might be as you said....the CR-1.

Edited January 10, 2020 by missileman

[geowrian 22,337]

3 hours ago, Aaron12 said:

I met my girlfriend in Colombia almost 2 years ago now. I was there for about 5 months while we were together, but then I had to return to the US. Shortly after I returned to the US, we wanted to try our luck with the visitor visa. My girlfriend wasn't confident we could do it ourselves and get it correct, so her friend who worked with a travel agency in Colombia helped. Unfortunately, he royally screwed up the application for us and we didn't know until after he submitted it. He said we were married on the form, which we clearly were not. Obviously when the embassy sees this and listens to my girlfriend talk about us just being boyfriend and girlfriend, they know something doesn't add up. I still 100% believe this is the only reason she was denied for that Visa back then.

If this was the only reason the visa was denied, she likely would have been issued a refusal letter stating that she was inadmissible due to misrepresentation.

She most likely was given a refusal letter stating she was refused under INA 214(b) - immigrant intent. Now this does not mean there wasn't a misrepresentation....just that she was ineligible before they even looked at any inadmissibility like misrepresentation.

 

Quote

Anyways, fast forward to now and I receive the RFE for the K1 visa petition. It states how the visitor visa we did stated we were married back then and that basically we need to provide proof of marriage, because we are applying for a visa to get married, which doesn't make sense to them. I hadn't even thought about this coming up again on this K1 visa until I saw the letter from USCIS. I have entirely no idea what to do...we aren't married and never have been. Can we write up a letter that states we were never married and that the visitor visa was filled out incorrectly, both sign it, and send that as the evidence for the RFE? Any advice or help would be greatly appreciated as I just don't know what I could send in as proof or evidence for their RFE.

You can write something up and try that. However, they will want to see evidence that the prior marriage was dissolved.

Obviously this isn't obtainable if she was never married.

 

Unfortunately, we have never seen a successful resolution to this issue on VJ, although we have seen this exact set of circumstances show up a couple times a year or so.

 

The K-1 process is pretty much dead IMO. The requirement to show that you are both free to marry is not going to be possible.

I have seen people suggest to marry then try a CR-1 (spousal) visa instead. Then you must show that the current marriage is legal, and you have more of an opportunity to challenge a denial of the I-130. USCIS will still want to see evidence of the prior marriage being dissolved.

That said, again I have never seen this actually resolve the issue....but it it is at least something to bring up with an immigration attorney if you want to pursue it.

 

Most likely, it looks like immigration will have to go in the other direction.

Edited January 10, 2020 by geowrian

[geowrian 22,337]

* Moved from K-1 Progress Reports to Process & Procedures *

[carmel34 3,639]

You're in a difficult situation because in the eyes of the consular officers she was married as stated on the B visa application.  For a successful K-1 or CR-1 she will need a divorce decree showing that the previous "marriage" was dissolved.  Since it was a lie she can't get that.  Even if you get married and go down the CR-1 path, they will ask for a divorce decree from that previous "marriage,"  because the date of your marriage will be after the date of her B visa application in which she stated "under penalty of perjury" that she was married.  She needs to admit that she lied on a federal government form with the intent to get a visa to visit the US and hope that this lie can be overcome.  CR-1 might work because it can be appealed if denied and a waiver for lying might be a possibility, in that case a good immigration attorney may help.  You also need a backup plan to live in Colombia with her if the lie cannot be overcome.  Lying on federal forms is a serious issue.  Good luck!

Edited January 10, 2020 by carmel34

[Evie_v 8]

The only thing I can think of for the RFE is that besides providing statements from you two, is providing a signed statement from the preparer (and possibly on the Travel Agency Letter Head), stating that he erroneously listed you and her as married. May not work because your fiancée had to sign on the B1/B2 DS-160 that she read through the application and everything in there was correct. It doesn't hurt to try and see what happens. If not, it's better to withdraw the K-1 visa and go through the CR-1 route. 

 

I am also an El Pasoan completing the K-1 visa for my Colombian fiancé after he didn't receive a B1/B2 visa. It seems like if you're a young, single individual with no concrete assets (e.g., a house) or a lucrative career in Colombia, you're likely to get the 214b slip. The only two people I know that got the B1/B2 visa was an eye doctor and an English professor at a University who both had assets (i.e., properties, cars, motorcycles, etc.) and stable careers. The other four that didn't get the B1/B2 visa included an engineering student, a photographer/business owner, a graphic designer, and a conservation scientist. Two lived with their family and two rented, none had assets and only 2 of them earned modestly. 

[Aaron12 1]

Thank you all for your advice/inputs so far. I guess this is something I should've known would come back to bite us in the butt again, before I submitted the petition...

 

I'm really hoping I can find some sort of resolution with this K1 Visa petition, but I am very doubtful, especially now after seeing some of your perspectives on the situation.

[geowrian 22,337]

Please keep the thread updated with how it goes. As noted, we pretty much never hear back.

[Aaron12 1]

1 hour ago, geowrian said:

Please keep the thread updated with how it goes. As noted, we pretty much never hear back.

Sure thing!