Our Visa Denial Story

[egomezb 0]

I don't know if this's the right forum for this post but here I come

I'll try to be as brief as possible to explain our situation and I hope someone can give us a hindsight of what we should expect now. I've heard a lawyer named Marc Ellis have experience in this kind of cases and he hangs around here, so maybe I'm lucky and he take a look at this post.

My wife filed a K1 application for me in 2002, we made the whole process in only 4 months and I attended my interview on December that year. After a first unsuccessful interview I was asked to go back with my wife for a joint interview after which we were put under AR (administrative Review). After being in AR for more than a year (and have been asked to go back to the consulate one more time just to be told the case was still in AR ) we decided to get married and file again for a CR1 visa. We never heard again from the consulate, the USCIS or anyone about the K1 case so we just forgot about it.

We went to our CR1 interview in December 2005 and after hundreds of questions (many of which were asked during the K1 interview) the CO told us he could not approve our case because their K1 investigation concluded our case was only for immigration purposes (which is not true) and that our case was going to be sent back to the Service Center that approved the petition for revocation and they should let us know the steps we had to take in order for an appeal.

In January of this year my wife finally received a letter from VSC (the service center that approved both petitions I-129F and I-130) regarding the K1 case. In it they asked for more evidence as to the validity of our relationship and we collected a bunch of evidence that portrayed our entire relationship through the years. Late last month we received a letter from VSC reaffirming our case and saying they'll send it to the DOS for visa processing.

Now, my question is, does anyone know what can we expect now? I know the K1 is not longer valid because we're already married. Will overcoming the K1 investigation "findings" enough proof to validate the CR1? We have not received anything yet concerning the CR1, are these kind of cases treated as one?

I know some in here have gone through a similar process so if you can share your experience with me it will be helpful.

EGB

[maryandatif 0]

Contact Chiquita........she had her K-3 reaffirmed also. She will may be able to tell you what to expect now.

Mary K.

[YuAndDan 153]

The consular officer will know about the K-1 denial and can deny the CR-1 on the same grounds, you need to first deal with the NOID on the K-1 at USCIS

If the embassy of consulate returned the case to USCIS (NOID) you will need to have your lawyer overcome or appeal the embassy officer's decision it at USCIS, you cannot just file another petition for the same person, there will be a note of misrepresentation on that persons file at USCIS that needs to be dealt with first before the embassy will interview for another visa. No way to withdraw a K-1 petition once a visa interview has been conducted and ruled on by a consular officer, you now have to deal with the denied one first.

Lawyers – 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.

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

[egomezb 0]

Unfortunately the lawyer we consulted when first dealing with the K1 told us we should marry since these cases take years, that's one of the reasons we got married . The important thing here is the K1 petition has been reaffirmed, so I guess we're on the right track, but I want to know what should we expect now.

I read the quoted article when it was first published, unfortunately it was too late already for us.

EGB

The consular officer will know about the K-1 denial and can deny the CR-1 on the same grounds, you need to first deal with the NOID on the K-1 at USCIS

If the embassy of consulate returned the case to USCIS (NOID) you will need to have your lawyer overcome or appeal the embassy officer's decision it at USCIS, you cannot just file another petition for the same person, there will be a note of misrepresentation on that persons file at USCIS that needs to be dealt with first before the embassy will interview for another visa. No way to withdraw a K-1 petition once a visa interview has been conducted and ruled on by a consular officer, you now have to deal with the denied one first.

Lawyers – 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.

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

Thanks Mary K!

Contact Chiquita........she had her K-3 reaffirmed also. She will may be able to tell you what to expect now.

Mary K.

[luvbugs4ever 0]

We had our K1 denied before too for the reason that our relationship is not bonafide (perhaps due to lack of evidence and i wasnt able to explain well how genuine our relationship), but after 3 years we filed again for another K1 then, since the IMBRA took effect we couldn't wait anymore so we decided to get married while our K1 seats on the CSC office...that's what we wanted anyway to get married and be united together forever. After 5 days i received an email from USCIS that our K1 was approved exactly 1 day after we got married... But anyway, we filed for the withdrawal of our K1 and filed for K3, everything went smoothly. Before the interview, we gathered all the evidences we could have to prove that our marriage and relationship is genuine. Our interview went so well that the K1 before did not hinder our approval since this time we have all the evidences to prove that it's not for immigration purposes only but it's true love and all we wanted is to live together.

So, if i were you since the VSC approved again your petition, gather everything you can have to prove to the consulate that it's a true relationship and marriage. Your wife presence will also help a lot during interview.