Its not always good to get married if the K1 is denied here's why

[Miriam n Alain 3]

Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

[TimsDaisy 0]

Is this a quote from something or is this your experience? If it's a quote, is there a link?

[Chica Yeyé 41]

Is this a quote from something or is this your experience? If it's a quote, is there a link?

I was wondering the same thing and then read their signature, so I think it's something the OP read somewhere.- To the OP: what was your source?

L.

[TimsDaisy 0]

Ah - seems like it was another post: http://www.visajourney.com/forums/index.ph...t&p=1009676

Note to the masses: it's always better to source everything you bring into a VJ thread if it's information received elsewhere. Otherwise it can be confusing and people won't know how to weigh the information.

[TracyTN 237]

Not only that, but it looks better to cite the source instead of passing it off as your own information.

Looks like the original post was paraphrased from this

http://www.ilw.com/articles/2006,0323-ellis.shtm

[YuAndDan 153]

Hey you are quoting my quote. You need to provied link to full article.

http://www.ilw.com/articles/2006,0323-ellis.shtm

SEE:

http://www.visajourney.com/forums/index.ph...t&p=1009676

http://www.visajourney.com/forums/index.ph...st&p=910593

http://www.visajourney.com/forums/index.ph...st&p=917308

http://www.visajourney.com/forums/index.ph...st&p=790424

http://www.visajourney.com/forums/index.ph...st&p=694441

http://www.visajourney.com/forums/index.ph...st&p=674913

http://www.visajourney.com/forums/index.ph...st&p=672072

[Miriam n Alain 3]

When i copyed and pasted i thought i did put in the quotes but then when i went to check the post it turns out i didnt but by that time it was to late to edit the post sorry. but yea i put it as a post like this because its something thats very importent so i figured that i should put it in a post of its own. that way someone could see it better

[morocco4ever 63]

The problem is that a returned petition isn't as common, and many lawyers, yes even immigration lawyers, have no clue how to handle these returned petitions. Its really sad, but if a NOIR was never addressed then you get a fraud marker on your name. The only way to clear it at that point is to appeal, which is time consumming, and has a time limitation if I remember correctly. Whats really sad is the amount of very valid marriages that have no idea what the proper procedure is in these situations, and they trust these dumb "A" lawyers.

BTW, we had a returned petition. I was lost, and no one here on VJ had any valid advice, just a bunch of blah blah blah. I finally found 1 person that was going through this. Then we started to discover more and more. We now have a group formed, mostly cases from Morocco. So far we have about 5 people who have fought the NOIR and won, me included. All I can say is "up yours Casa". My husband has been here now for 7 months, and we have never been so happy. Too bad these consulates haven't figured out better ways to spot fraud marriages. How many valid marriages have been broken from this process? It's heart breaking.

[mendeleev 68]

Visa in Hand:

Congratulations on your victory and the happy life you are now having with your husband here in the States!