Can an I-130 petition beneficiary with a revoked US immigrant visa apply for K3 of another non-immigrant visa?

[Marin 0]

Thanks so much for everyone's reply. You are right about there is more to the story. As the consular office outrightly refused to divulge any more details about why they revoked my wife's already-issued visa, I began to intensely question my wife about that what had happened during these interviews. On August 9, when my wife had the IV interview at US consulate office in Phnom Penh, no questions were asked at all. She was just told to come back on August 19 to pick up the IR1 visa. When August 17 rolled around, my 15- yr old step-daughter whom I adopted as my own through the Cambodian court, had her IV interview. She was accompanied by her mother, my wife. The mother answered all of the questions posed by the consular officer. They questioned her repeatedly about her previous relationship with my daughter's biological father. She had copies of the court adoption papers to back up her answers. But the originals court adoption papers were not with her at the time. My wife told them, she never had a marriage certificate with my daughter's biological father. But the biological father did sign away custodial rights to the daughter in the presence of court officer. They ended up refusing my daughter's visa application on the ground of being a public charge since 2/3 of my income as petitioner is coming from social security. I have more than 10 years of federal service with DoD but later retired on disability. Only 1/3 of my income is pension, but its not enough to support a family of 4 per US Federal Poverty Guidelines. I did have a joint sponsor, and together we more than doubled the required income to support a household of 4. But the consular officer dismissed their gross income listed in the Affidavit of Support I-864 entirely. They also dismissed the bank account balance and the real estate holding we have in Cambodia that I also listed in the I-864. 

 

The issue with my step daughter's failing the iV interview can be rectified by directly applying for her US citizenship since I already adopted her since she was 12 years old. The consular officer also questioned my wife about my actual residence, and she answered truthfully that I sometimes travelled and stayed in Cambodia to visit her and our  7-year old son (already a US citizen) who is our biological child together. They also questioned whether I currently own a house in Levelland, Texas where I currently take up residence, and she told them the truth that I rent and live together with a friend/former co-worker.  Since they never released the actual reason why they revoked my wife IR1 visa  on September 6, 2022, I have to speculate that the consular officer suspected on several points. First, like I stated earlier, since 2/3 of my take-home income is coming from SSA and that I dont own a house in the US at this time, my daughter will likely become a public charge, as was officially given as the reason. Second, since they approved the IR1 visa without a single question asked, and based entirely on documents submitted on the NVC CEAC website, then the only information they used to revoked my wife's IR1 visa was given to the consular officer was on August 17 during my daughter's IV interview. I suspect they still linger on my wife's previous relationship as not finalized even though she had the copies of the court adoption papers on hands to present to them. The fact that I have a relatively good income and still not own a home in the United States, with no other tangible assets (like US-based real estate or stock shares), and/or that I stayed a few months out of the year in Cambodia could be factor(s) in the negative decision as well. In the revocation letter to my wife, they stated there is no appeal for the decision, and they also suggested that we can apply for another US visa at any time. I would like to hear some suggestions in this forum as to what step should we take next? Should I as the petitioner file another I-130 right away to be followed by I-129F for a K3 visa or a shorter route like a B1/B2 visa? If there is a better suggestion out there, it would be greatly appreciated and followed through.           

[Chancy 6,243]

10 minutes ago, Marin said:

In the revocation letter to my wife, they stated there is no appeal for the decision, and they also suggested that we can apply for another US visa at any time.

 

Please post the revocation letter (with personal information redacted) so we can see exactly what the consulate stated in it and possibly offer advice based on that.

 

12 minutes ago, Marin said:

Should I as the petitioner file another I-130 right away to be followed by I-129F for a K3 visa or a shorter route like a B1/B2 visa?

 

If the consulate revoked the issued IR1, it's highly unlikely that they'd issue any other visa that would enable your wife to enter the US then possibly apply for a green card.  In particular, B1/B2 would be next to impossible as the consulate knows your wife has immigrant intent.

 

[Boiler 46,116]

My money is on something else being the issue not Public  Charge

[BLC 112]

22 minutes ago, Boiler said:

My money is on something else being the issue not Public  Charge

That’s what I was thinking, too.
 

Especially with having a joint sponsor that puts the family more than double over poverty line, it just sounds like there must be some other reason. 

[Family 4,224]

1 hour ago, Marin said:

the negative decision as well. In the revocation letter to my wife, they stated there is no appeal for the decision

1. Since you adopted your daughter 3 years ago, I would challenge her “ public charge” refusal by preparing I-864 W and arguing she is not subject to inadmissibility finding.
Prepare to show child has been in your legal and physical custody for 2 yrs ….which should not be difficult since you own a home there, support the family , spend time there and are responsible for any all decisions as they relate to care/ school . 
 

2. If they are seeking revocation of your wife’s visa and told you there is “ no appeal “, am assuming it means they will send it back to USCIS and and in a few months there should be NOIR ( notice of intent to revoke)…that will spell out the Red Flags being waived. 

Go ahead and file new I-130 for wife, but still respond to the NOID on old I-130 with precision 

***FYI USCIS does not review anything but civil docs and NVC just checks numbers and makes sure joint sponsor in place. 
 

3. Your Social Security income assuming is Disability and you should have a letter that it is “ lifetime/ permanent “ just like your pension and you clearly had a qualified joint sponsor, they cannot discriminate on type of income and you covered yourself well w joint sponsor.

 

4. Ask Congress man for help w Consulate 

[Mike E 11,742]

24 minutes ago, Family said:

1. Since you adopted your daughter 3 years ago, I would challenge her “ public charge” refusal by preparing I-864 W

Came here to say this.  
 

She will be a U.S. Citizen immediately.  What a lame excuse for denying the visa.  
 

Agree with consensus: there is more than meets the eye with this case. 

[Chancy 6,243]

2 hours ago, Marin said:

On August 9, when my wife had the IV interview at US consulate office in Phnom Penh, no questions were asked at all. She was just told to come back on August 19 to pick up the IR1 visa. When August 17 rolled around, my 15- yr old step-daughter whom I adopted as my own through the Cambodian court, had her IV interview. She was accompanied by her mother, my wife. The mother answered all of the questions posed by the consular officer.

 

Aug 9 - Wife's IV interview.  Wife told to return another day to pick up visa.

Aug 17 - Daughter's IV interview.  Wife questioned by CO.

??? - Wife's visa received?

 

Based on the dates you mentioned above, it doesn't seem like the IR1 visa was ever issued?  Did your wife actually get her visa on hand?  Despite any verbal assurances by the CO, a visa is not actually issued until CEAC case status displays "Issued" and the applicant receives their passport back with the visa inside.

 

2 hours ago, Marin said:

They questioned her repeatedly about her previous relationship with my daughter's biological father. She had copies of the court adoption papers to back up her answers. But the originals court adoption papers were not with her at the time. My wife told them, she never had a marriage certificate with my daughter's biological father. But the biological father did sign away custodial rights to the daughter in the presence of court officer.

2 hours ago, Marin said:

I suspect they still linger on my wife's previous relationship as not finalized even though she had the copies of the court adoption papers on hands to present to them.

 

Divorce papers, NOT adoption papers, are evidence that a previous marriage has been terminated.  And it seems that the consulate suspects that your wife was previously married and that marriage was not properly terminated.  That would explain why the I-130 petition would be revoked.  An applicant who does not have a valid marriage to a US citizen is not eligible for an IR1 visa.  But until we see the NOIR or revocation letter, this will remain just speculation.

 

2 hours ago, Marin said:

The issue with my step daughter's failing the iV interview can be rectified by directly applying for her US citizenship since I already adopted her since she was 12 years old.

 

You mean to apply for your adopted daughter's US citizenship through N-600K?  She will need a B1/B2 visa to be able to interview in the US.  Does she already have a B visa?  The other path to US citizenship for your daughter is by entering the US with an IR2 visa, which the consulate has refused.

 

[Mike E 11,742]

1 hour ago, Chancy said:

 .  And it seems that the consulate suspects that your wife was previously married and that marriage was not properly terminated. 
 

 

Agreed. 

Quote

You mean to apply for your adopted daughter's US citizenship through N-600K?  She will need a B1/B2 visa to be able to interview in the US.  Does she already have a B visa?  

 

I think the chances of a B visa being issued are low until the issue of the suspect previous marriage is sorted. But given the future timelines and prognosis for a spousal visa, and given the daughter is 15, I would be focused like a laser on N-600K. 
 

4 hours ago, Marin said:

They questioned her repeatedly about her previous relationship with my daughter's biological father.

 

[…]
 

My wife told them, she never had a marriage certificate with my daughter's biological father.  

 

[…]

I suspect they still linger on my wife's previous relationship as not finalized

          

“Never had marriage certificate” is strange wording.  Was she married to your daughter’s father or not?

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Cambodia.html says:

 

“

Registration Criteria: A new couple shall go to the commune office nearest to the bride’s address to register their marriage with the vital record officer.

Procedure for Obtaining: A new couple shall present themselves to the vital record officer with their marriage announcement letter and two witnesses to officially register their marriage.”

So if there was a “marriage announcement” letter then your daughter’s mother was married to her father and is still married to her father.  And then we are into material misrepresentation.  

 

Edited September 12, 2022 by Mike E

[pushbrk 13,116]

2 hours ago, Chancy said:

 

Aug 9 - Wife's IV interview.  Wife told to return another day to pick up visa.

Aug 17 - Daughter's IV interview.  Wife questioned by CO.

??? - Wife's visa received?

 

Based on the dates you mentioned above, it doesn't seem like the IR1 visa was ever issued?  Did your wife actually get her visa on hand?  Despite any verbal assurances by the CO, a visa is not actually issued until CEAC case status displays "Issued" and the applicant receives their passport back with the visa inside.

 

 

Divorce papers, NOT adoption papers, are evidence that a previous marriage has been terminated.  And it seems that the consulate suspects that your wife was previously married and that marriage was not properly terminated.  That would explain why the I-130 petition would be revoked.  An applicant who does not have a valid marriage to a US citizen is not eligible for an IR1 visa.  But until we see the NOIR or revocation letter, this will remain just speculation.

 

 

You mean to apply for your adopted daughter's US citizenship through N-600K?  She will need a B1/B2 visa to be able to interview in the US.  Does she already have a B visa?  The other path to US citizenship for your daughter is by entering the US with an IR2 visa, which the consulate has refused.

 

As to the visa actually being issued, it's an interesting question, but if the child was denied a visa on public charge grounds then the wife would be too.  Could be just the Consular Officer reversed the decision based on public charge for both of them.

 

The OP refers to a joint sponsor and that their combined income was enough, but you do not combine income with a joint sponsor.  He could only combine income with a qualifying household member.

 

I'm afraid the OP's further explanation prompts more questions than answers.

 

Did the OP misrepresent home ownership and the wife, told the truth instead?  Confusing.

 

Maybe the child qualifies for 600k and if that's the only issue, they'll give a B visa if that's the only reason it's needed.

 

None of the adoption/citizenship issues for the adopted daughter change the household size applied to the wife's visa issue.  

 

Agree, we need to see the actual papers received after the interview with personal info redacted.

 

[Mike E 11,742]

24 minutes ago, pushbrk said:

but if the child was denied a visa on public charge grounds then the wife would be too.  Could be just the Consular Officer reversed the decision based on public charge for both of them.

How can someone who will be a U.S. Citizen upon entry to USA (on an immigration visa) be public charge?

[pushbrk 13,116]

12 minutes ago, Mike E said:

How can someone who will be a U.S. Citizen upon entry to USA (on an immigration visa) be public charge?

Technically, they can't but it's not clear whether that's the actual situation.  It's more likely that upon further review, it's the wife that is not eligible for the visa, making the stepdaughter either also ineligible, or ineligible because she needs to take the N660k path instead.  Still more to be know about this case.  Only way to clear it up is to see the actual paper given after the latest interview.

 

Best way to sort these cases out is to see the actual paperwork....AND a detailed report of the interview, including all questions and answers.  That means complete verbatim details, not summaries or opinions.

 

It's often very tough to get such a report from Asians trying to save face.  

Edited September 12, 2022 by pushbrk

[Mike E 11,742]

16 minutes ago, pushbrk said:

Technically, they can't but it's not clear whether that's the actual situation.  It's more likely that upon further review, it's the wife that is not eligible for the visa, making the stepdaughter either also ineligible

OP is the adopted father. But let’s assume that due to a technicality he is merely the step father.  I assumed the he was the I-130 petitioner for the step daughter.  Why is the step daughter’s visa contingent on the mother’s visa?

[pushbrk 13,116]

3 minutes ago, Mike E said:

OP is the adopted father. But let’s assume that due to a technicality he is merely the step father.  I assumed the he was the I-130 petitioner for the step daughter.  Why is the step daughter’s visa contingent on the mother’s visa?

Because if one is ineligible due to public charge, they both are, plus the daughter is unlikely to come to the USA without the mother.  Let's wait until we have the correct details before speculating further.

 

[SalishSea 18,145]

7 hours ago, Marin said:

or a shorter route like a B1/B2 visa? I

This is not for immigrating, so it is not an option for your family.

[Family 4,224]

14 hours ago, Mike E said:

OP is the adopted father. But let’s assume that due to a technicality he is merely the step father.  I assumed the he was the I-130 petitioner for the step daughter.  Why is the step daughter’s visa contingent on the mother’s visa

It’s possible OP filed I-130 as “stepfather “ without submitting adoption for review at USCIS , thus not arguing I-864 W exemption at NVC / Consular stage . His wife had claimed she was never married before, and OP s marriage and relationship was never in question.

IF:

 CO saw something in the adoption papers that led him to believe wife and biological father were married, he would “revoke “ the spouse , and used public charge as an excuse for child…literally giving him an opportunity to overcome instead of another revocation.

If adoption meets criteria of 2 years physical and legal custody, then he battles it out w Consulate now…

Otherwise “ stepdaughter “ relationship is contingent on OP’s marriage being valid .

 

I think hiring a local attorney to do a judicial/ registration search for any possible records of wife’s previous marriage and official letters from area authorities saying she was never married, along with a heart to heart w wife and line by line read of adoption is a good idea.