DCF with Online Marriage (Utah)

[Just Paul 4,595]

I'm not sure I understand why you would do a UTAH marriage rather than just marrying in country.  Local marriages are the easiest for a consulate to understand.  I'd just get married and file.

[brevig 28]

On 8/19/2021 at 11:27 PM, Paul & Mary said:

I'm not sure I understand why you would do a UTAH marriage rather than just marrying in country.  Local marriages are the easiest for a consulate to understand.  I'd just get married and file.

It's VERY difficult to marry here.  Would cost an extra $1000 doing everything plus 3 months waiting to get everything together (Cambodia has strict laws for marriage and I didn't realize I could marry until I saw that I had a clean FBI clearance check despite my 3 misdemeanor convictions).  Plus typically would cost $10k+ (as my wife would rather marry in USA than to do a cheap marriage in her country).  So COVID kinda worked against and for us (as saved us money I don't have).  Anyways, we already did the Utah marriage plus we did the local engagement/marriage ceremony except the ones I can't religiously do because I'm not Buddhist (they allowed us to do everything just they won't give us the license without ALOT more paperwork, fees and waiting).

 

Just an FYI, to engage we had to ask the local commune (local village government) and they only approved 10 people and NO MUSIC.  The day of our engagement I woke up to loud music around 7am, and walked out to see OVER 10 staff.  Can't blame her, she wants something nice.  We only had about 40 guests total (just closest friends) and spread out over the day, not all at once.  Got a bunch of great photos plus the ceremony was very meaningful.

 

We are doing an Elopement party September 9, and we'll translate the USA ceremony into her language and the local ceremony into English so everyone can watch and understand and enjoy.  But yeah, I think good we had the local ceremony so the consulate can understand that culturally we did everything.  Also, sorry for the late response, just been super busy preparing everything.

[brevig 28]

We got married!!!

 

I'm just waiting on the birth certificates and affidavit from my mother then I will send the email below.  I decided that there is no way "sudden" will work for us unless they consider "sudden" starting from the time we filed the K1 visa, so I'm presenting it that way.  However, I JUST TODAY, AFTER WE MARRIED, got a message from my mom that my daughter (who is doing all the work my mom can't do) is talking about suicide to her friends and her friends told her teacher, then alerting my mom.  I'm thinking to add a an affidavit from her teacher to include.

 

Anyways, below is what I got and will send tomorrow once I have all the documents together.  If I get the affidavit from my daughter's teacher I'll add it. WISH ME LUCK, as it's a long shot (CRAZY, what else can I say, haha).

 

-----------------------------------------------------------------------------------------------------------------

 

I would like to apply for direct consular filing for a CR1 visa.

 

I have 4 children in America, including an 8 year old with down syndrome.  My mother is the primary caretaker for my kids because my ex-wife works 12 hour shifts and leaves at 4:30am.  My mother has received government checks for disability since 1996.  Her health since my application has become worse and the stress from dealing with my children is accelerating it. It is important that I return to USA to take care of my children.

 

I have already applied for a K-1 and it was refused and sent back to USCIS.  I spoke to multiple lawyers and all of them said I should continue with my marriage as planned and then re-apply. I did this, however, now I'm worried if I return to the states right after marriage then my spousal visa will also be denied.  I feel at greater jeopardy for this because of my previous denial.

 

With COVID it is very difficult to travel back and forth.  What once cost $1000 or less is now $4000+ plus possible closures and 14 days in a quarantine hotel.  I have already lost flights 3x because of COVID and am very aware of the risk that I might not be able to return to Cambodia if I leave.

 

I believe it is in the best interest of the multiple American citizens involved that I return to USA quickly.  Military and job transfers are allowed to do direct consular filing and bring their wives.  Humanitarian reasons are also allowed.

 

My marriage was in Utah and performed online with both of us physically together in Cambodia.  I'm worried that because of the type of marriage the application maybe seen as not clearly approvable and sent to USCIS to adjudicate it.  If that is the case, please let me know, because if so I prefer to file directly with USCIS and present my expedite case to them.

I'm attaching my proof.  I'm also including links to download it below in case attachments do not go through.

 

Marriage Certificate:

URL

 

Letter from Mother's Primary Care Physician:
URL

 

Birth Certificates of my 4 Children:

URL

 

Proof of 1 Child with Down Syndrome:

URL

 

Proof that I purchased a house near my children's school so their school is not interrupted:
URL

 

Affidavit from Mother Including proof of 6 doctors she regularly visits, proof that her condition has accelerated rapidly over the last year, and if not corrected her life span will reduce dramatically:

URL

[EdwardSnowden 13]

18 hours ago, brevig said:

We got married!!!

 

I'm just waiting on the birth certificates and affidavit from my mother then I will send the email below.  I decided that there is no way "sudden" will work for us unless they consider "sudden" starting from the time we filed the K1 visa, so I'm presenting it that way.  However, I JUST TODAY, AFTER WE MARRIED, got a message from my mom that my daughter (who is doing all the work my mom can't do) is talking about suicide to her friends and her friends told her teacher, then alerting my mom.  I'm thinking to add a an affidavit from her teacher to include.

 

Anyways, below is what I got and will send tomorrow once I have all the documents together.  If I get the affidavit from my daughter's teacher I'll add it. WISH ME LUCK, as it's a long shot (CRAZY, what else can I say, haha).

Good luck! Report back!

[brevig 28]

DENIED.  Their response time is much better though, only took them 4 hours.  Below is what they said, which is a bit confusing as to whether or not the humanitarian reason was enough

 

----------------------------------------------------------------

Dear Mr. XXXX,

Thank you for your email.

The consular section at U.S. Embassy in Phnom Penh, Cambodia has reviewed and declined to accept your local filing request of Form I-130, Petition for Alien Relative, on behalf of Ms. XXXX.  Please note that Consular officers have limited, delegated authority from U.S. Citizenship and Immigration Service (USCIS) and may only accept and approve Form I-130 petitions that are found to be clearly approvable. Clearly approvable means that the petition and/or supporting documentation establish by a preponderance of the evidence that a qualifying relationship with the beneficiary is established as defined by U.S. immigration law.

If you believe your Form I-130 petition needs to be processed earlier than the timeframe cited as USCIS’ normal processing time, you may request expedited processing by following the instructions found on the USCIS website.

----------------------------------------------------------------

First, notice, they called her "Ms" instead of "Mrs".  Also, the wording seems they denied it because I need "evidence that a qualifying relationship".  However, I didn't send any evidence of a qualifying relationship.  I thought that is something I do when filing the I-130 after they approve humanitarian reasons.  I emailed them back asking for clarification.  But should I have included proof of relationship with the request?  It really sounds as if they are saying they already saw my evidence (from the K1) and that it wasn't enough (which I would have loved to provided more evidence if they only gave me the chance).

Anyways, does it seem I should try again and provide the evidence this time, or best to just move on with USCIS?

Also, I'll email them again regardless to see what they say about the Utah marriage so I can give the forum a better answer about if they will accept it for DCF or not.

[Villanelle 4,122]

@brevig

 

Ive seen a variety of posts from you scattered around the forums this morning so I feel like I have an overall understanding of whats going on with your case. You asked at one point about quantity and after reading the above I am going to encourage you to focus on quality vs quantity. Your request for DCF was poorly worded. You actually wrote "I'm worried that because of the type of marriage the application maybe seen as not clearly approvable and sent to USCIS to adjudicate it." WHY? why would you suggest your marriage is not valid. I mean it shoudnt be that surprising they responded with the wording of we only accept clearly approvable petitions. I rarely suggest people use attnys to prepare their packages but with all due respect you seem to suffer from the age old and while 100% accidental- 'foot in mouth' syndrome which if you keep up you are just making things harder overall. Everything in your file will be reviewed so you dont want to keep piling on to it and I really do believe a competent attorney can clear up the issues you seem to have created with your enthusiasm. If you do decide to use an attny please give them copies of everything you submitted so they can be thorough in addressing any concerns immigration may have. They can also help you submit a proper request for DCF which may or may not be approved. Also just FYI remember if you are going to attempt DCF you can not have a pending 130. 

 

 

[brevig 28]

8 minutes ago, Villanelle said:

I feel like I have an overall understanding of whats going on with your case

Thank you for that, as it gets tiring repeating things, hehe

 

9 minutes ago, Villanelle said:

"I'm worried that because of the type of marriage the application maybe seen as not clearly approvable and sent to USCIS to adjudicate it." WHY?

I had little hope they would approve it from my previous experiences, so I was hoping to at least get an answer about this specific issue.

 

10 minutes ago, Villanelle said:

you seem to suffer from the age old and while 100% accidental- 'foot in mouth' syndrome

Yes, you have identified my biggest weakness.  I probably should have posted it a few days earlier and waited for a response.  Or maybe made a new response to make it better.  Actually, everything else I put except that one paragraph I had crafted from back/forth posts on this forum.  But that part I added as in my mind I had little hope to get approved so was thinking atleast to get clarity.

 

12 minutes ago, Villanelle said:

If you do decide to use an attny please give them copies of everything you submitted

My issue with that is I did actually talk to several attorneys.  Like I paid 1 $200 to only get an answer that I already knew (and other questions I really wanted answered unanswered).

 

13 minutes ago, Villanelle said:

Also just FYI remember if you are going to attempt DCF you can not have a pending 130.

So do you think I should get help to fix it and try again, or do you think I'm already past that?

 

Also, I really love your feedback.  I live to be sharpened with criticism.  So any other items I said that you see an issue please let me know.  The one you mentioned was the only thing I hadn't mentioned about on the forum, and many other things I did mention people talked me out of.  If it wasn't for the forum and criticism like you have given me I probably would have not only had both my feet in my mouth, but all the shoes I own too, haha.

 

Last thing, back to the attorney, I have talked to several, some free consultations and some paid.  But NONE of them gave me anything beneficial.  I mean I'm not sure, maybe I need to hire them to prepare it for me and then will be different, but just asking them questions seems pointless.  I honestly would rather pay someone on the forum who has experience to help me out instead.  But YES, I NEED HELP.

[brevig 28]

28 minutes ago, Villanelle said:

I am going to encourage you to focus on quality vs quantity

Sorry, to quote you again, but this one is important.  So I have the other post I'm sure you saw where I listed A-R items.  If you can help me, and others reading this, to say X, X, X is not important, X, X, X is really important, that would be a HUGE HELP to me.  Below is a link to the post:

 

 

I really do feel lost in many ways, so any guidance is greatly appreciated.

 

[SalishSea 17,970]

On 8/26/2021 at 2:51 AM, brevig said:

DENIED.  Their response time is much better though, only took them 4 hours.  Below is what they said, which is a bit confusing as to whether or not the humanitarian reason was enough

 

----------------------------------------------------------------

Dear Mr. XXXX,

Thank you for your email.

The consular section at U.S. Embassy in Phnom Penh, Cambodia has reviewed and declined to accept your local filing request of Form I-130, Petition for Alien Relative, on behalf of Ms. XXXX.  Please note that Consular officers have limited, delegated authority from U.S. Citizenship and Immigration Service (USCIS) and may only accept and approve Form I-130 petitions that are found to be clearly approvable. Clearly approvable means that the petition and/or supporting documentation establish by a preponderance of the evidence that a qualifying relationship with the beneficiary is established as defined by U.S. immigration law.

If you believe your Form I-130 petition needs to be processed earlier than the timeframe cited as USCIS’ normal processing time, you may request expedited processing by following the instructions found on the USCIS website.

----------------------------------------------------------------

First, notice, they called her "Ms" instead of "Mrs".  Also, the wording seems they denied it because I need "evidence that a qualifying relationship".  However, I didn't send any evidence of a qualifying relationship.  I thought that is something I do when filing the I-130 after they approve humanitarian reasons.  I emailed them back asking for clarification.  But should I have included proof of relationship with the request?  It really sounds as if they are saying they already saw my evidence (from the K1) and that it wasn't enough (which I would have loved to provided more evidence if they only gave me the chance).

Anyways, does it seem I should try again and provide the evidence this time, or best to just move on with USCIS?

Also, I'll email them again regardless to see what they say about the Utah marriage so I can give the forum a better answer about if they will accept it for DCF or not.

Sounds like they denied DCF because yours is not a clear-cut case.  Like they said, it is not "clearly approvable," and therefore needs the greater attention that can be given to the petition by USCIS in the States.  

[SalishSea 17,970]

32 minutes ago, brevig said:

So do you think I should get help to fix it and try again, or do you think I'm already past that?

 

Also, I really love your feedback.  I live to be sharpened with criticism.  So any other items I said that you see an issue please let me know.  The one you mentioned was the only thing I hadn't mentioned about on the forum, and many other things I did mention people talked me out of.  If it wasn't for the forum and criticism like you have given me I probably would have not only had both my feet in my mouth, but all the shoes I own too, haha.

 

Last thing, back to the attorney, I have talked to several, some free consultations and some paid.  But NONE of them gave me anything beneficial.  I mean I'm not sure, maybe I need to hire them to prepare it for me and then will be different, but just asking them questions seems pointless.  I honestly would rather pay someone on the forum who has experience to help me out instead.  But YES, I NEED HELP.

That ship has sailed.  Just send the petition to the lockbox like everyone else has to.

 

I think you might benefit from an attorney who can at least help you understand the nuances of US immigration to help you focus on what is important, and what is not.

[brevig 28]

2 minutes ago, Jorgedig said:

Sounds like they denied DCF because yours is not a clear-cut case.

Gotcha, I'm just wondering which aspect makes it not clear-cut.  Like they said " evidence that a qualifying relationship with the beneficiary is established" but I didn't provide any evidence of our relationship with my request.  So are they saying this because of my previous K1 denial?  And if so, it is as if they are saying they don't want to see more evidence as like mentioned earlier, I'm willing to pile the evidence to the ceiling.

[brevig 28]

12 minutes ago, Jorgedig said:

needs the greater attention that can be given to the petition by USCIS in the States.  

The only thing about this is that I was already approved for the K1 by USCIS.  So in my mind it seemed simpler for the Embassy UNLESS they had an issue with my Utah marriage.  Anyways, I've become more and more convinced that the issue is with my police report and they are just trying to stonewall me.

 

Anyways, so I will reach out to a lawyer here my wife found, only $100/hr (but for real, they only give you 15min and still charge for the hour which has been my experience so far).   Might be better if you hire them to handle the whole thing and not just for answering questions.

[SalishSea 17,970]

1 hour ago, brevig said:

The only thing about this is that I was already approved for the K1 by USCIS.  So in my mind it seemed simpler for the Embassy UNLESS they had an issue with my Utah marriage.  Anyways, I've become more and more convinced that the issue is with my police report and they are just trying to stonewall me.

 

Anyways, so I will reach out to a lawyer here my wife found, only $100/hr (but for real, they only give you 15min and still charge for the hour which has been my experience so far).   Might be better if you hire them to handle the whole thing and not just for answering questions.

The police report, Utah marriage, K-1 denial etc are all contributing factors to the complexity of your case, and the reason the consular staff are not willing to take it on.  All of that is within the purview of USCIS, and the consulate no longer has a USCIS office.  They make exceptions for uncomplicated cases only.

 

Also - the approval criteria for the K-1 129F petition is very basic, and they are rarely denied.  You met the requirement to have been a USC, have met your fiance in person within the previous 2 years, etc.  Getting the actual visa is the hard part.

Edited August 27, 2021 by Jorgedig

[Ontarkie 14,306]

Thread locked as the OP has been refused DCF and will be starting the CR1 process. If after consult with an attorney and the OP tries DCF again he can request this thread be reopened.~~ 

 

I know you are just trying to get answers to get everything set up for success, but posting questions in more than one thread will just cause confusion and not be as helpful as you will only get partial correct replies if the replier only knows part of your journey.