My(M29) Fiancé(F24)'s K1 Visa Denied Due to Absurd Accusation of Espionage

[Frustrated010101 0]

         I(Asian M29) met my fiancé(Honduran 24F) while deployed in Honduras back in March 2019. If you are the military, you know the whole joke around picking up a wife in a foreign country and I apparently became a part of that statistics. The base allowed us to go into the local area and for a time, I thought it was just be a short time relationship. Well, she stole my heart by making a traditional Asian soup that taste authentic. I was very impress because Honduras is a third world country and getting the ingredients was difficult, much less cooking it. She never even ate the soup before. She got me through my stomach and we have been in a long-distance relationship ever since. We related to one another because we both like anime and also had not so good childhoods and bad parents. She also have a daughter (7 year old now) whose father is out of the picture and I learned to being a father ever since. I proposed to her before I left to America.

 

         When I got back from my deployment, I submitted the K1 and K2 application for both my fiancé and future stepdaughter in November 2019. Well, then COVID happened. The visa process got shutdown pretty much. I send money monthly to help my fiancé with rent and food and school for my daughter. She can’t really get a job down there because she has tattoos and the culture down there looks down on people with tattoos because its affiliated with gangs. I help pay for classes in English and also nail salon courses so she can start working once she get to America. I also help pay for a lawyer my fiancé to get full custody of her daughter. I remember getting pissed off because the biological dad wanted a few hundred dollars to sign away his rights as a parent. Long distance was and is still hard on us. We fight like any other couple. We barely can speak each other languages so we rely on Google Translate for most of our communication. It helps sometime because we can give each other space whenever we are angry and don’t want to miscommunicate over anger. With the time zone difference, sometime its even hard to stay in touch.

 

         The visa process took forever and more money too. Finally, her first visa interview was in September 2021. We had made sure she had all the paperwork. Application, Police certificate, medical files, vaccination, passports, fees, photos of us together, all the evidences of our relationship. It got put into Administrative Process which is basically to put the visa on hold for further investigation. I decided to finally go travel to see them from December 2021-January 2022. Before the first interview, We were hoping we could just wait it out and I would visit them when she got the visa and also due COVID travel restrictions, both civilian and military, made it hard. Of course, the Embassy decide to hold the 2nd Interview a week after I left. I ask if I could be a part of it and it was denied in the email. However, the interview asks if I was waiting outside during her 2nd one. They said they could had interview me too. Again, they put in back into Administrative Process and also took a lot of pictures of my fiancé’s tattoos. I got impatient with them even try to get members of Congress to help me but nothing help. By May 2022, I filed a Mandamus Lawsuit with an immigration lawyer which cost $5000. The visa process it self cost me around 1000$. Basically the lawsuit gave them a deadline to give us an answer because the process was supposed to take a year at the most. COVID excuses aside, I just had enough of the waiting game and my lawyer said we had a good case.

     

          Today, we received the response. It was denied due to under the Section of the law 212(a)(3)(A)(ii) of the Immigration and Nationality Act. This is due to the consular officer’s factual finding that there is reason to believe you are a member of a known criminal organization, consistent with the U.S. Department of State’s Foreign Affairs Manual under 9 FAM 302.5-4(B)(2). My lawyer said 212(a)(3)(A)(ii) is inadmissibility due to espionage, unlawful activity related to security & attempts to overthrow the U.S. government. This decision is profoundly unfair and absurd. The decision of the Embassy or Consulate is final. We know of no legal strategy or option that would help, but we think there might be a waiver available. We will look into it and let you know if we receive more information about this.

     

          My fiancé has no criminal record. One of the requirements is a Police Certificate which does a background check of any criminal history. My thought was she was denied because of her tattoos. She copied a Yin Yang tattoo I myself have. It is the koi fishes from the “The Last Airbender” anime series. Yin Yang tattoos are apparently associated with gang down in Honduras according to Google. I thought we can fight the denial if it was because of that but they are accusing my fiancé of ESPIONAGE! I don’t know what to do. If I was accused of this, I would be taken by military police and await my day in court. I don’t know how they can come to this conclusion of whatever ######## evidences they gather. My lawyer said they can’t do anything legally to fight this except a waiver?! This is obviously an abuse of power. You can’t just accuse someone of ESPIONAGE just to denied their visa.

 

          I don’t know what to do. I only have a few options, none of them good. Somehow continue to fight this which will cost more money. Get married in Honduras and apply for a marriage visa but mean starting this process over and can still be denied. Separate from the military? I have 11 years in-service and was hoping to finish 20 years in order to get a pension. To choose between my career and my family? I am the sole provider and if I quit my military career, I don't know if I could provide my family. My fiancé, between her crying and sobbing, also wanted to give me an out because of all this. Give up a three-year relationship? How would I explain this to her daughter? I love my fiancé and daughter, they are my life. But what can I do when we are now cut down legally?

Edited August 5, 2022 by Ryan H
Reason for edit: to remove profanity

[Mike E 11,742]

Filing WoM forced their hand.  Generally on visajourney we don’t recommend filing WoM against the State department.  

[Rocio0010 5,605]

How would tattoos be related to espionage?🤷‍♀️🤷‍♀️🤷‍♀️

[Timona 4,208]

With espionage, I do not think there's a way out, even upon marriage 

[Boiler 45,923]

I do not think I have seen this with a female but certainly have with males, it was a finding of gang affiliation probably linked to the tats.

 

Now why a Lawyer would not know this I have no idea.

Edited August 4, 2022 by Boiler

[Family 4,140]

The first thing you do is take a full body picture for you and your fiancé ( modest covering of course ) but important to have the front and back , and then close-ups of EACH TATTOO. 
 

Count each tattoo in chronological order Detail a description of WHEN / WHERE/ MEANING of each tattoo.

Get an affidavit of the tattoo artist and even receipt of payment ( this is important for your Fiancé’s tattoo) as it seems she got hers ONLY to match yours. 
 

Scour the internet to locate same tatoo images and what gangs/ tongs they may be associated with. If u can upload a picture here, some one may know how to do an image search. 
 

ONCE we account for every tattoo of your Fiancée, then a Quick Challenge to the Consulate via email AND Congressional Liason . 
You can do this in the next few days yourself.

 

I have done above steps and helped overcome reason to believe gang association 

 

The waiver for you should not be difficult since you are active military..so don’t get discouraged…but you will need to go marry her . The good thing is that you can file the waiver and I-130 at same time in case they don’t back down . AND because you are active military, there will be a way to expedite both. 
 

Please tell who filed the Mandamus Action , at $5k am guessing the YouTube fellow

 

 

 

 

 

 

https://fam.state.gov/fam/09FAM/09FAM030205.html

 

[Timona 4,208]

26 minutes ago, Family said:

 

I'm also curious to see these tattoos 

[Family 4,140]

Once you have drafted your Letter Challenging the inadmissibility findings ( along with the pictures and Tattoo Descriptions) you will email it to : Consulate, Congressman and LegalNet 

 

https://fam.state.gov/fam/09FAM/09FAM030205.html

 

My DIY Hero @slavaskii can probably add some encouragement 

[Boiler 45,923]

Hacking was charging less than 5k and had gone off filing for K1's, but maybe. Would have thought they would have known the reason.

 

K1 of course they just send back to die.

 

I have not seen Tat related cases for sometime but they were quite common and maybe still are. http://www.scottimmigration.net/content/about-us Laurel I think has done quite a few.

[Family 4,140]

 

2 hours ago, Frustrated010101 said:

We barely can speak each other languages so we rely on Google Translate for most of our communication

One of you needs to do a speedy crash course of the language. , because this is a Himalayan hurdle even for spousal visa

 

6 minutes ago, Boiler said:

Hacking was charging less than 5k and had gone off filing for K1's, but maybe. Would have thought they would have known the reason.

 

K1 of course they just send back to die.

 

I have not seen Tat related cases for sometime but they were quite common and maybe still are. http://www.scottimmigration.net/content/about-us Laurel I think has done quite a few.

OP ‘a  own assessment of Tats and Reason to Believe Gang Association is on point. 

Am hoping he checks in w name of his attorney. ..because am very surprised at what they are telling him…..everything they told him from “ espionage to possible waiver “  is  totally off

If you can’t get them to reverse , there is No bloody waiver. 
 

[Mike E 11,742]

1 hour ago, Rocio0010 said:

How would tattoos be related to espionage?🤷‍♀️🤷‍♀️🤷‍♀️

1. Some organized crime organizations  prescribe certain tattoos to indicate membership.  
 

2. Some organized crime organizations are engaged in espionage against the USA 

 

3. There is an intersection of 1 and 2

 

4. Regarding 1 it is possible that some tattooist indicate specific roles in the organization 

 

5. Regarding 4 it is possible some of the tattoo-indicated roles are  agents  who engage in espionage against the USA. 

[SalishSea 18,074]

2 hours ago, Frustrated010101 said:

         I(Asian M29) met my fiancé(Honduran 24F) while deployed in Honduras back in March 2019. If you are the military, you know the whole joke around picking up a wife in a foreign country and I apparently became a part of that statistics. The base allowed us to go into the local area and for a time, I thought it was just be a short time relationship. Well, she stole my heart by making a traditional Asian soup that taste authentic. I was very impress because Honduras is a third world country and getting the ingredients was difficult, much less cooking it. She never even ate the soup before. She got me through my stomach and we have been in a long-distance relationship ever since. We related to one another because we both like anime and also had not so good childhoods and bad parents. She also have a daughter (7 year old now) whose father is out of the picture and I learned to being a father ever since. I proposed to her before I left to America.

 

         When I got back from my deployment, I submitted the K1 and K2 application for both my fiancé and future stepdaughter in November 2019. Well, then COVID happened. The visa process got shutdown pretty much. I send money monthly to help my fiancé with rent and food and school for my daughter. She can’t really get a job down there because she has tattoos and the culture down there looks down on people with tattoos because its affiliated with gangs. I help pay for classes in English and also nail salon courses so she can start working once she get to America. I also help pay for a lawyer my fiancé to get full custody of her daughter. I remember getting pissed off because the biological dad wanted a few hundred dollars to sign away his rights as a parent. Long distance was and is still hard on us. We fight like any other couple. We barely can speak each other languages so we rely on Google Translate for most of our communication. It helps sometime because we can give each other space whenever we are angry and don’t want to miscommunicate over anger. With the time zone difference, sometime its even hard to stay in touch.

 

         The visa process took forever and more money too. Finally, her first visa interview was in September 2021. We had made sure she had all the paperwork. Application, Police certificate, medical files, vaccination, passports, fees, photos of us together, all the evidences of our relationship. It got put into Administrative Process which is basically to put the visa on hold for further investigation. I decided to finally go travel to see them from December 2021-January 2022. Before the first interview, We were hoping we could just wait it out and I would visit them when she got the visa and also due COVID travel restrictions, both civilian and military, made it hard. Of course, the Embassy decide to hold the 2nd Interview a week after I left. I ask if I could be a part of it and it was denied in the email. However, the interview asks if I was waiting outside during her 2nd one. They said they could had interview me too. Again, they put in back into Administrative Process and also took a lot of pictures of my fiancé’s tattoos. I got impatient with them even try to get members of Congress to help me but nothing help. By May 2022, I filed a Mandamus Lawsuit with an immigration lawyer which cost $5000. The visa process it self cost me around 1000$. Basically the lawsuit gave them a deadline to give us an answer because the process was supposed to take a year at the most. COVID excuses aside, I just had enough of the waiting game and my lawyer said we had a good case.

     

          Today, we received the response. It was denied due to under the Section of the law 212(a)(3)(A)(ii) of the Immigration and Nationality Act. This is due to the consular officer’s factual finding that there is reason to believe you are a member of a known criminal organization, consistent with the U.S. Department of State’s Foreign Affairs Manual under 9 FAM 302.5-4(B)(2). My lawyer said 212(a)(3)(A)(ii) is inadmissibility due to espionage, unlawful activity related to security & attempts to overthrow the U.S. government. This decision is profoundly unfair and absurd. The decision of the Embassy or Consulate is final. We know of no legal strategy or option that would help, but we think there might be a waiver available. We will look into it and let you know if we receive more information about this.

     

          My fiancé has no criminal record. One of the requirements is a Police Certificate which does a background check of any criminal history. My thought was she was denied because of her tattoos. She copied a Yin Yang tattoo I myself have. It is the koi fishes from the “The Last Airbender” anime series. Yin Yang tattoos are apparently associated with gang down in Honduras according to Google. I thought we can fight the denial if it was because of that but they are accusing my fiancé of ESPIONAGE! I don’t know what to do. If I was accused of this, I would be taken by military police and await my day in court. I don’t know how they can come to this conclusion of whatever bullshit evidences they gather. My lawyer said they can’t do anything legally to fight this except a waiver?! This is obviously an abuse of power. You can’t just accuse someone of ESPIONAGE just to denied their visa.

 

          I don’t know what to do. I only have a few options, none of them good. Somehow continue to fight this which will cost more money. Get married in Honduras and apply for a marriage visa but mean starting this process over and can still be denied. Separate from the military? I have 11 years in-service and was hoping to finish 20 years in order to get a pension. To choose between my career and my family? I am the sole provider and if I quit my military career, I don't know if I could provide my family. My fiancé, between her crying and sobbing, also wanted to give me an out because of all this. Give up a three-year relationship? How would I explain this to her daughter? I love my fiancé and daughter, they are my life. But what can I do when we are now cut down legally?

The WOM was a mistake.   There is no appeal process for consular decisions when it comes to K1s.   You can marry and try again for a spouse visa, or you can move there.

 

Latin/South American tattoos and gang affiliations are a widely known reason for visa denials.

 

Good luck with whatever you decide.

[SalishSea 18,074]

1 hour ago, Family said:

The first thing you do is take a full body picture for you and your fiancé ( modest covering of course ) but important to have the front and back , and then close-ups of EACH TATTOO. 
 

Count each tattoo in chronological order Detail a description of WHEN / WHERE/ MEANING of each tattoo.

Get an affidavit of the tattoo artist and even receipt of payment ( this is important for your Fiancé’s tattoo) as it seems she got hers ONLY to match yours. 
 

Scour the internet to locate same tatoo images and what gangs/ tongs they may be associated with. If u can upload a picture here, some one may know how to do an image search. 
 

ONCE we account for every tattoo of your Fiancée, then a Quick Challenge to the Consulate via email AND Congressional Liason . 
You can do this in the next few days yourself.

 

I have done above steps and helped overcome reason to believe gang association 

 

The waiver for you should not be difficult since you are active military..so don’t get discouraged…but you will need to go marry her . The good thing is that you can file the waiver and I-130 at same time in case they don’t back down . AND because you are active military, there will be a way to expedite both. 
 

Please tell who filed the Mandamus Action , at $5k am guessing the YouTube fellow

 

 

 

 

 

 

https://fam.state.gov/fam/09FAM/09FAM030205.html

 

Beneficiaries  of active military petitioners see not subject to ‘easier’ or relaxed requirements when it comes to inadmissibilities.   I’m surprised you would even suggest that.

[Family 4,140]

10 minutes ago, Jorgedig said:

Beneficiaries  of active military petitioners see not subject to ‘easier’ or relaxed requirements when it comes to inadmissibilities.   I’m surprised you would even suggest

An active military member often faces more life challenges than the average Joe.

Had this OP fallen in love while stationed in his Fiancés country, we would extend DCF  

 

For any  IT military service men/some ( active OR inactive ) we extend PIP ( parole in place for EWI family)

Edited August 4, 2022 by Family

[Boiler 45,923]

I am sure there are a variety of possibilities, but most of the Tat issues I remember emanated from gang members who had been in the US and were deported, different gangs different Tats.

 

And the ones who said they had no Gang affiliation but had the Tat, occasionally it would come up prior to interview and then discussions about Tat removal or amendment.