Withdrawing K1 and Filing CR-1

[SalishSea 17,829]

4 hours ago, brevig said:

So if filing online, should I just include the letter as an attachment?  Or honestly, not sure how that works for providing the documents if filing online, but I mean would I include the letter with the other evidences when submitting them with my application?

 

Yeah, honestly not sure how I'm going to handle that part, as it seems they have a vendetta out for me, hehehe.

 

This is the first time I'm hearing this (you and pushbrk).  EVERYTHING I've seen is that when it goes back to USCIS they will send me the NOIR and I have 30 or 60 days to respond.

If that is not the case, then for sure this is a violation of the 14th amendment as there is NO chance for due process.  I mean I can understand how the applicant has no chance to review with the Embassy (which I think isn't fair) since they are not a US citizen, so not protected by the constitution, but for my petition to be denied without any chance to reply would be unconstitional.

You seem dead set on finding some grand sweeping legal issue with your K-1 denial.

[Crazy Cat 41,851]

4 hours ago, brevig said:

EVERYTHING I've seen is that when it goes back to USCIS they will send me the NOIR

K-1s almost always expire at USCIS after being returned........no appeal......

Edited August 13, 2021 by Crazy Cat

[Crazy Cat 41,851]

1 hour ago, brevig said:

Plus part of my fight is just to find out the real reason I was denied so I can address it with the CR-1.

Usually, the applicant who was interviewed has a pretty good idea as to why a K-1 is denied.

[brevig 28]

26 minutes ago, Jorgedig said:

You seem dead set on finding some grand sweeping legal issue with your K-1 denial.

Like I said, I know the K1 is dead in the water and I'm moving forward with the CR-1.  But yes, I am dead set on seeing that the issue with my K-1 gets justice.  I can't let them cost me over a year and approx $7500 when they are breaking laws and policies in the process and then just roll over, so I'll pursue both.

[brevig 28]

14 minutes ago, Crazy Cat said:

Usually, the applicant who was interviewed has a pretty good idea as to why a K-1 is denied.

That's my whole point on my confusion and what got me pushing this hard.  What they told her and what it said on the sheet they gave her are 2 totally different things.

[Crazy Cat 41,851]

1 minute ago, brevig said:

That's my whole point on my confusion and what got me pushing this hard.  What they told her and what it said on the sheet they gave her are 2 totally different things.

This is a tough one.....I hope you get it resolved....

[brevig 28]

2 minutes ago, Crazy Cat said:

This is a tough one.....I hope you get it resolved....

Thanks.  If I'm lucky they'll approve me for consular processing.  Otherwise, it'll get resolved, just might take a year or two.  CR-1 is definitely the better route and I wish I did it that way a year ago, and wish I found this forum back then as I'm sure everyone here would have pointed me in that direction.

[SalishSea 17,829]

12 minutes ago, brevig said:

Like I said, I know the K1 is dead in the water and I'm moving forward with the CR-1.  But yes, I am dead set on seeing that the issue with my K-1 gets justice.  I can't let them cost me over a year and approx $7500 when they are breaking laws and policies in the process and then just roll over, so I'll pursue both.

Good luck seeking "justice."  By the time you're done with whatever that process entails, you will have spent much more than $7500 for the legal fees to sue the Department of State.

[brevig 28]

2 hours ago, Jorgedig said:

more than $7500 for the legal fees to sue the Department of State

Aha, I think you misunderstand me.  I seriously doubt I could even sue them or file a claim since the written reason for my refusal is discretionary.  Even if I could I'd probably just file a claim and do it myself.  I mean getting them reprimanded or embarrassed or even better yet transferred somewhere else so I don't have to deal with them next go around.  So I did the OIG which went to BOCA, will also file a complaint with GOA.  At least so they can try to get them to follow policies.

 

Then see if there is anything I can do to help to get rid of consular immunity, as it's just terrible, and I'm sure there are already groups working on it.  And then if it seems not making progress try to target the Ambassador with Facebook ads (I know he is 58, lives in Phnom Penh and speaks English, so I think I can get his attention with the proper ad).  I'm sure while waiting on the CR-1 I can figure out some better ideas if it seems like nothing is working.

 

I don't think I'd be willing to spend more than $1k-$2k most on all of it.

[Daisy.Chain 317]

5 hours ago, brevig said:

If you are curious to check it out I have a website I can pm you where I'm documenting all my communication with them, listed laws broken and why I think broken, plus all the photos I submitted (some included visa stamps, hotel receipts).  Later I'll update it with other proof we submitted like our wedding/honeymoon receipts plus land we purchased here together in 2018 that has me as a witness with my signature and thumbprint.  My mom visited 2x, I raised her daughter from 7-12, my son lived with us 1.5 years, my daughter visited once for a month, been to 3 weddings, 3x to Thailand, 4x Malaysia, 1x Singapore and 1x Myanmar all proved through the photos.

 

I can give more proof if given the chance, like affidavits from American neighbors we've had here in Cambodia, about 80 Western Union receipts, I have maybe 3000 more photos, tons of chats, and I'm sure I can think of more.  All this, and she asked 0 questions about me, not my name, NOTHING.

Wow, that IS a lot of evidence.

You guys have no idea why they denied it?

[SalishSea 17,829]

1 hour ago, Daisy.Chain said:

Wow, that IS a lot of evidence.

You guys have no idea why they denied it?

Wasn't it related to the undisclosed criminal past?

[SalishSea 17,829]

Hey @brevig,

 

Any chance you could post a redacted copy of the 221g?  In my 6 years on VJ, I've never seen anything like your case.

 

And for the petition to be returned to USCIS, there must be more to this than them just questioning the bonafides of your relationship.  Normally, the only petitions that are returned are ones that were approved incorrectly by USCIS, where there is an ineligibility.

[brevig 28]

5 hours ago, Daisy.Chain said:

You guys have no idea why they denied it?

They verbally said because she was concerned for her safety.

 

The pink slip they gave her said "Based on indications that your petition contains false statements and based on information obtained during your interview process that has caused the interviewing officer to believe that your relationship with the Petitioner is not a genuine relationship, but rather one entered into solely in order to provide you with an immigration benefit to which you are not entitled"

[brevig 28]

3 hours ago, Jorgedig said:

Wasn't it related to the undisclosed criminal past?

I disclosed it, and honestly, I doubt they would have found it as when gathering all the court records I ran a FBI Fingerprint Background and it was clean.  Plus I had to insist with the court (where 2 of my 3 convictions are) that I was in fact arrested there.  Those 2 convictions are expunged.

 

On this board in other posts I said all were expunged which I said in error.  My dad expunged the 2 and since none showed up I assumed he expunged all 3, but he didn't.  I'm getting the last one expunged now.  I've been self employed so long it never was a concern.

 

I know you ask 1 question and I bomb you with info, anyways, here's some more, as to why we never married before:

- Cambodia requires a clean background check which I didn't know I had until I had already filled out the K1 while in USA last year

- Cambodia requires foreigners to make $2500/mo, and they don't have income tax, but a monthly salary tax, and I don't want to give them documents and then they try to make me pay taxes.

- Cambodia wedding is an expensive process and slow getting all the approvals

- I don't want to have to fly to Cambodia if I loose my marriage certificate or need a certified copy (like I will now when doing CR-1 as they have my copy with my K-1)

- If you are impotent you can't marry, and the whole village where we would marry knows we've been trying to have a baby for 4 years, I seriously doubt they would use this, but they could.

 

FYI - Until 2018 Cambodia had a law that foreigners over 50 couldn't marry a local.  I'm 40, so no issue, but it crosses out most my friends here in serious relationships.

[brevig 28]

3 hours ago, Jorgedig said:

Any chance you could post a redacted copy of the 221g

Sure thing.  The pinkish one is from the 2nd interview (where she asked 1 question then went straight into criminal disclosure).