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

[pushbrk 12,885]

8 hours ago, Family said:

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. 

There's a good chance you're right, and the issue is about the marriage to the step daughter's father.

 

However,  I would still want to see the actual paper handed to the wife, and a detailed report of the going on with the Consular Officer at the daughter's interview.  By detailed, I mean every question asked and every answer given, in order, inserting everything that happened from the entry to exit from the Consulate.  Without that, we are speculating. (perhaps correctly but still speculating)

 

If in fact, the wife was previously married, and her petition and visa application state otherwise, that's a whole new can of worms.

[Family 3,988]

35 minutes ago, pushbrk said:

want to see the actual paper handed to the wife

@Marin was your wife able to text you a photo of the Refusal Letters the Consulate gave her ?!
If you cannot upload here, you can also just type what is written/ marked on them. 
Hopefully you check back …you can get through these challenges and many here waiting to help , even if just a Don’t Give Up cheer for today. 
 

Are you in the US or with your family right now?

[Marin 0]

Together with my lengthy explanations and my speculation as to exactly why the consular officer in Phnom Penh refused my daughter IV via on August 19, and later revoked my wife's IR1 visa on September 6 which based entirely on her answers during my daughter's interview, here are the consular correspondence from both of the unfortunate events. Sorry they were not available earlier. I appreciate very much any feedbacks as to what is the next step for my wife's petition for now, and my daughter at a later time. 

 

Thanks, 

 

--Marin

Edited September 14, 2022 by TBoneTX
attachments removed

[powerpuff 6,702]

You might want to black out personal information 

[Marin 0]

Together with my lengthy explanations and my speculation as to exactly why the consular officer in Phnom Penh refused my daughter IV via on August 19, and later revoked my wife's IR1 visa on September 6 which based entirely on her answers during my daughter's interview, here are the consular correspondence from both of the unfortunate events. Sorry they were not available earlier. I appreciate very much any feedbacks as to what is the next step for my wife's petition for now, and my daughter at a later time. 

 

Thanks, 

 

--Marin

Edited September 14, 2022 by TBoneTX
another attachment removed

[TBoneTX 45,297]

Attachments revealing personal information have been removed.

[Marin 0]

Together with my lengthy explanations and my speculation as to exactly why the consular officer in Phnom Penh refused my daughter IV via on August 19, and later revoked my wife's IR1 visa on September 6 which based entirely on her answers during my daughter's interview, here are the consular correspondence from both of the unfortunate events. Sorry they were not available earlier. I appreciate very much any feedbacks as to what is the next step for my wife's petition for now, and my daughter at a later time. 

 

Thanks, 

 

--Marin

[TBoneTX 45,297]

Another attachment revealing personal information has been removed from this VERY PUBLIC forum.  Please redact all such information before posting documents.

[Boiler 45,519]

I have seen this clause used where there did not seem an obvious connection with the reason.