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K1 refusal in Jerusalem [merged threads]

By K1visak2 in Russia, Ukraine and Belarus

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TBoneTX Grand Master

TBoneTX   46,739

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted
  On 4/9/2024 at 1:44 AM, SalishSea said:

she won’t be getting a fiancé visa.   Getting married made her ineligible for that visa.   You need to petition her for a spousal visa.

Expand  

This is correct.  Sorry, but the rules are firm.  You'll need to start from the beginning with an I-130 petition.

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01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.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

K1visak2 Rookie

K1visak2   1

Posted
Filed: K-1 Visa Country: Russia
 Timeline
  • Author
Posted
  On 4/9/2024 at 1:42 AM, SalishSea said:

Okay.   Well, you need to get a certified copy of the decree from the court, which will have the raised seal.   
 

Such documents can be falsified, which is why they require originals.   (“Certified copy” is the same as original).

 

Are there other red flags?

Expand  

I went to the court and I asked them they told me you have the original divorce decree. And the court has the same original degree that I have .I live in Texas. I think they asked her about the original and she told him that I have them and they probably got confused but she had to scan and print the documents of divorce decree I sent to her email

TBoneTX Grand Master

TBoneTX   46,739

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted
  On 4/9/2024 at 1:46 AM, K1visak2 said:

It’s not a marriage certificate from court. It’s just from the mosque. I’m not sure if it’s still a big deal to them.

Expand  

Throughout the VJ forum, there runs the all-too-common issue of being "too married to qualify as single."  You'll need to file the I-130 petition.

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(!).

K1visak2 Rookie

K1visak2   1

Posted
Filed: K-1 Visa Country: Russia
 Timeline
  • Author
Posted
  On 4/9/2024 at 1:46 AM, TBoneTX said:

This is correct.  Sorry, but the rules are firm.  You'll need to start from the beginning with an I-130 petition.

Expand  

That marriage thing at the mosque was recently done a couple of months ago. we didn’t even take that paper with us to the interview so maybe now I’m guessing that we don’t even need to send that as a proof of relationship as it might be more problem for her and us.

SalishSea Grand Master

SalishSea   18,393

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
  On 4/9/2024 at 1:46 AM, K1visak2 said:

I got married to her a couple of months ago on my last visit to Moscow. When the documents were actually being transferred from Poland to Jerusalem, so now I feel that we don’t need to submit that paper from the mask with the proof of relationship documents. It’s not a marriage certificate from court. It’s just from the mosque. I’m not sure if it’s still a big deal to them.

Expand  

You have much bigger issues here than the missing divorce decree.   You need to start over with a spouse visa.

TBoneTX Grand Master

TBoneTX   46,739

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted
  On 4/9/2024 at 1:51 AM, K1visak2 said:

That marriage thing at the mosque was recently done a couple of months ago. we didn’t even take that paper with us to the interview so maybe now I’m guessing that we don’t even need to send that as a proof of relationship as it might be more problem for her and us.

Expand  

You must never, ever LIE or hide the truth.  It will be discovered, sooner or later, and you will pay.

You should proactively withdraw the I-129F petition and start over with an I-130 petition.

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(!).

TBoneTX Grand Master

TBoneTX   46,739

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

A photo has been removed from 2 posts at the OP's request.

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(!).

millefleur Veteran

millefleur   5,050

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted
  On 4/9/2024 at 1:46 AM, K1visak2 said:

It’s not a marriage certificate from court. It’s just from the mosque. I’m not sure if it’s still a big deal to them.

Expand  

Unfortunately it is a big deal to USCIS and DoS. You're now considered "too married" for the K-1 as others have said. Your next step should be getting actually married (with a court doc or other official civil doc) and then start over with the I-130. Submit the civil/court marriage certificate as proof. 

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rikko Explorer

rikko   93

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

sorry about the situation, 221g sucks and so does the k-1 visa, it doesn't process quickly enough to justify the wait time compared to the cr-1 anymore

on the bright side, as a spouse you will have more rights to stay with your spouse while waiting for the US to take its sweet time to process our cases... 

 
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