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Luqmanahmed6753

Marriage Visa refused based on misrepresentation at the time of previous K1 visa (same applicant)

By Luqmanahmed6753 in IR-1 / CR-1 Spouse Visa Process & Procedures

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W199 Collaborator

W199   343

Posted
Filed: K-1 Visa Country: Philippines
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Posted
3 hours ago, Boiler said:

I would expect and hope that a waiver filed by a Lawyer would be put together properly.

I just talked to someone who got denied their K-1 because they met after filing the K-1. He paid the lawyer who filed the case $2500. Prior to filing, he had a zoom meeting with the lawyer and his fiancee.  His lawyer told them it is fine that they can meet for the first time after the I-129F was filed.  An extremely experienced retired CO/VO said that 90% of all lawyers he has dealt with are incompetant.  Therefore, sadly, it seems you really need to research, interview, compare, and do your homework with the lawyers for something as serious as this. Same for doctors, ... etc... otherwise I wouldn't expect too much. 

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SalishSea
SalishSea

Are you sure you’ve gotten the whole background story from your wife?   The pages and pages of redacted documents makes me think there is more to this than just an unfounded suspicion that s

Marieke H
Marieke H

I know this is not what you want to hear, but I think it is something that you should consider... How well do you know your wife's past from before you met her? Is there any possibility that she was m

Mike E
Mike E

Was she married before she filed K-1? Including a religious wedding.

Boiler Grand Master

Boiler   45,731

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Filed: K-1 Visa Country: Wales
 Timeline
Posted
2 minutes ago, W199 said:

I just talked to someone who got denied their K-1 because they met after filing the K-1. He paid the lawyer who filed the case $2500. Prior to filing, he had a zoom meeting with the lawyer and his fiancee.  His lawyer told them it is fine that they can meet for the first time after the I-129F was filed.  An extremely experienced retired CO/VO said that 90% of all lawyers he has dealt with are incompetant.  Therefore, sadly, it seems you really need to research, interview, compare, and do your homework with the lawyers for something as serious as this. Same for doctors, ... etc... otherwise I wouldn't expect too much. 

We have seen such cases on here, blows my mind Lawyers can make such simple mistakes

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

pushbrk Grand Master

pushbrk   12,994

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Filed: Other Country: China
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Posted
7 hours ago, W199 said:

I just talked to someone who got denied their K-1 because they met after filing the K-1. He paid the lawyer who filed the case $2500. Prior to filing, he had a zoom meeting with the lawyer and his fiancee.  His lawyer told them it is fine that they can meet for the first time after the I-129F was filed.  An extremely experienced retired CO/VO said that 90% of all lawyers he has dealt with are incompetant.  Therefore, sadly, it seems you really need to research, interview, compare, and do your homework with the lawyers for something as serious as this. Same for doctors, ... etc... otherwise I wouldn't expect too much. 

Most "immigration lawyers" are not experienced with family based immigration.  That's not where the money is for immigration law.  It's for work visas (with corporations as clients) or for in court representation of clients in deportation proceedings, etc.

Facts are cheap...knowing how to use them is precious...
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SalishSea Grand Master

SalishSea   17,970

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Filed: Lift. Cond. (apr) Country: New Zealand
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Posted
7 hours ago, W199 said:

I just talked to someone who got denied their K-1 because they met after filing the K-1. He paid the lawyer who filed the case $2500. Prior to filing, he had a zoom meeting with the lawyer and his fiancee.  His lawyer told them it is fine that they can meet for the first time after the I-129F was filed.  An extremely experienced retired CO/VO said that 90% of all lawyers he has dealt with are incompetant.  Therefore, sadly, it seems you really need to research, interview, compare, and do your homework with the lawyers for something as serious as this. Same for doctors, ... etc... otherwise I wouldn't expect too much. 

If you think about it, "unexpected" delays or problems do benefit lawyers, who are paid by the hour...

TBoneTX Grand Master

TBoneTX   45,591

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Filed: Citizen (apr) Country: Ecuador
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Posted
28 minutes ago, SalishSea said:

lawyers, who are paid by the hour

Some are paid in 6-minute increments...

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Boiler Grand Master

Boiler   45,731

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

i saw you on Hacking this morning and well I do agree with him about a Muslim family sending a 18 year old daughter to the US on a K1 is shall we say suspect.

 

However waiver wise he was very wrong. Nothing to suggest a waiver could not be approved, the vast majority of well prepared waivers are approved. Years ago there was a web site I2US? anyway lots and lots of waivers and it was unbelievably rare for a waiver not to be approved. Obviously there are some no go scenarios but nothing you have suggested falls into that category.

 

Now I have not seen your waiver and a comment you said about what your Lawyer prepared did sort of worry me. Certainly no issue starting off by arguing the need, but a waiver is a lot more than a simple statement by you.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

W199 Collaborator

W199   343

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted (edited)
27 minutes ago, Boiler said:

i saw you on Hacking this morning and well I do agree with him about a Muslim family sending a 18 year old daughter to the US on a K1 is shall we say suspect.

 

However waiver wise he was very wrong. Nothing to suggest a waiver could not be approved, the vast majority of well prepared waivers are approved. Years ago there was a web site I2US? anyway lots and lots of waivers and it was unbelievably rare for a waiver not to be approved. Obviously there are some no go scenarios but nothing you have suggested falls into that category.

 

Now I have not seen your waiver and a comment you said about what your Lawyer prepared did sort of worry me. Certainly no issue starting off by arguing the need, but a waiver is a lot more than a simple statement by you.

 

There was a case where someone was refused for being too married or something like that. They fought it all the way to the USCIS appeals panel and was still denied.  The USCIS director said that simply attesting to the fact that it was not a marriage ceromony was not proof. They would need a letter from a respected high level religious leader with credentials to certify that it was not equivalent to a wedding. Thats why I keep saying his waiver needs to includes proof of that sort, but he seems to ignore that. Maybe because he knows he can't get it?

Edited by W199
Boiler Grand Master

Boiler   45,731

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted (edited)

He had not make clear the situation, Hacking has the advantage of asking questions and getting answers, I would go with arguing that this was a wrong call, why not, but also a strong waiver. The waiver sounds to me a much better route.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Luqmanahmed6753 Rookie

Luqmanahmed6753   1

Posted
Filed: Citizen (apr) Country: India
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Posted
1 minute ago, W199 said:

 

There was a case where someone was refused for being too married or something like that. They fought it all the way to the USCIS appeals panel and was still denied.  The director said that simply attesting to the fact that it was not a marriage ceromony was not basically not proof at all. They would need a letter from a respected high religious leader with credentials to certify that it was not equivalent to a wedding. Thats why I keep saying his waiver needs to includes proof of that sort, but he seems to ignore that. Maybe because he knows he can't get it?

I can..

W199 Collaborator

W199   343

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted (edited)
7 minutes ago, Luqmanahmed6753 said:

I can..

It would seem to be a critical piece of the waiver in order to show that she didn't intentially mis-represent. But maybe your lawyer's argument will be enough. You would think that getting married and providing an actuall marriage certificate would be enough to forgive a questionable and subjective case of being married or not. Therefore, you'd think they would approve the waiver, It would be absurd and cruel not to.  But if it were me, this is the time to throw everything you can into the waiver .. from proof from the religions leader, proof, etc etc... to give it the best shot possible .. But thats just me.

Edited by W199
Boiler Grand Master

Boiler   45,731

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

There are two issues, one that there was no misrep, and proving a negative is a bit difficult. The other is that there was no misrep but here is the case for granting a waiver anyway. The latter has a much higher likelihood of success. And the one that hopefully the lawyer has focussed on.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,731

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Sounds good and you are just waiting.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Luqmanahmed6753 Rookie

Luqmanahmed6753   1

Posted
Filed: Citizen (apr) Country: India
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Posted
1 minute ago, Boiler said:

Sounds good and you are just waiting.

Well, after what Hacking said. I sure don't wanna rush myself into something unfortunate. My attorney also said that sometimes a WoM can make them angry, issuing denials and RFEs

Boiler Grand Master

Boiler   45,731

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
3 minutes ago, Luqmanahmed6753 said:

Well, after what Hacking said. I sure don't wanna rush myself into something unfortunate. My attorney also said that sometimes a WoM can make them angry, issuing denials and RFEs

You are not that long into the process, a WoM is to speed things up when you should have obtained a response.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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