K-1 Visa Denied

[sarah and hicham 3]

I remember one petitioner who cited 'yahoo smilies' as a means of communication

I believe she was denied.

If it's not a hard rule that if the couple does not speak a common lang, that there's no visa....well it should be.

I remember that couple too! And yes, they were denied. How can you get married to someone you can't communicate clearly with?

Edited September 26, 2007 by sarah and hicham

[athena_ny 1]

I don't even care about the English...

why would she sign an affadavit saying she intended to commit visa fraud? No wonder you were denied.

[bora bora 1]

I think that being able to have a working knowledge of English should be an important factor when being considered for a visa. If the person really wants to succeed in America, they really should make an effort to learn English before they get here. The thing that I think this pertains to is whether or not the petitioner and the beneficiary can have a relationship if they cannot speak the same language. As others have stated earlier though, the OP needs to give us some more information.

I completely disagree. My husband knew NO English when he was approved for the K1 visa. I lived in Brazil and speak fluent Portuguese - that is how we've always communicated. We spoke to the CO in Portuguese during the interview - unless he was directly questions at me, then we chatted in English.

My husband had NO desire to leave his hometown, let alone his country, and you have to pay for English classes....so that was not a priority for him. He should not be penalized because he fell in love with an American who later chose to live with him in the U.S.

Now he's working his hardest to learn English, and I'm proud of his success so far. It's not easy for everyone, but he studied, and now practices at work (and home) to improve it.

[athena_ny 1]

I think that being able to have a working knowledge of English should be an important factor when being considered for a visa. If the person really wants to succeed in America, they really should make an effort to learn English before they get here. The thing that I think this pertains to is whether or not the petitioner and the beneficiary can have a relationship if they cannot speak the same language. As others have stated earlier though, the OP needs to give us some more information.

I completely disagree. My husband knew NO English when he was approved for the K1 visa. I lived in Brazil and speak fluent Portuguese - that is how we've always communicated. We spoke to the CO in Portuguese during the interview - unless he was directly questions at me, then we chatted in English.

My husband had NO desire to leave his hometown, let alone his country, and you have to pay for English classes....so that was not a priority for him. He should not be penalized because he fell in love with an American who later chose to live with him in the U.S.

Now he's working his hardest to learn English, and I'm proud of his success so far. It's not easy for everyone, but he studied, and now practices at work (and home) to improve it.

My husband was an overstay, so not the exact same situation but when he came here in 2002 he spoke no English - his father brought him for a "visit" that turned into...more than a visit and he was forced to learn English. When I met him he spoke English, but I can muddle my way through speaking Spanish (I understand/read/write way better than I speak) to communicate if I had to. His English is 3x better now than when I met him - when we met there were times I had no idea what he was saying. So yeah, I don't agree you need to know English to come here - just that if you intend to live here it's a better idea to learn it when you get here as opposed to not learning.

[Engineer 0]

I guess my main question is:

Has anyone experienced working through the initial k-1 Visa denial process?

What is the success rate and time frame?

I have an appointment with a lawyer?

[athena_ny 1]

I guess my main question is:

Has anyone experienced working through the initial k-1 Visa denial process?

What is the success rate and time frame?

I have an appointment with a lawyer?

I'm not sure you can overcome this if they have signed proof that your future wife was only marrying for immigration benefit - ie marriage fraud.

This is beyond the scope of the board. Just go talk with your lawyer and let us know how it goes.

[Sinergy 3]

yea its going to be hard to try and get another type of visa where shes already signed something stating that.

good luck tho

[*Maureen* 0]

Did she state that herself that she was marrying to gain immigration benefits and raise her family in the USA and that the both you don't speak the same language???? if so, i wouldnt continue with the process unless you wanted to be used by somebody. I wish the best of luck to you and do what's best for you.

Edited September 27, 2007 by 77Maureen

[pushbrk 12,637]

I guess my main question is:

Has anyone experienced working through the initial k-1 Visa denial process?

What is the success rate and time frame?

I have an appointment with a lawyer?

Sure, a lot of people have, but none I know of when the fiance(e) signed an affidavit like you describe. Just how did that happen again?

[payxibka 10,045]

Hello:

The reason given is: "Beneiciary signed an affidavit noting that she married Petitioner SPECIFICALLY to incur immigration benefits and raise a family in the US".

Married is in the past tense so it indicates that an the marriage event has occured... If that is a fact, then you are no longer eligible for a K-1 visa and this cannot be overcome unless you re-petition and change visa types.

[athena_ny 1]

Hello:

The reason given is: "Beneiciary signed an affidavit noting that she married Petitioner SPECIFICALLY to incur immigration benefits and raise a family in the US".

Married is in the past tense so it indicates that an the marriage event has occured... If that is a fact, then you are no longer eligible for a K-1 visa and this cannot be overcome unless you re-petition and change visa types.

And have a really good reason why the affadavit was signed in the first place?

Actually, even that may not help.

[no name 1]

Hello:

The reason given is: "Beneiciary signed an affidavit noting that she married Petitioner SPECIFICALLY to incur immigration benefits and raise a family in the US".

Married is in the past tense so it indicates that an the marriage event has occured... If that is a fact, then you are no longer eligible for a K-1 visa and this cannot be overcome unless you re-petition and change visa types.

And have a really good reason why the affadavit was signed in the first place?

Actually, even that may not help.

Pretty sure that bit in red is a giant NO.

[featherB 1]

Engineer...

This is definitely one for a lawyer, but if you want to get any information that might be even slightly useful here, you're going to have to give more information. Can you explain more about the affidavit? Did she sign it at her interview? Why? Did she know what she was signing, did she understand what it said?

And can you clarify... are you two married, then? And what visa have you applied (and been denied) for?

I don't know... maybe she was given some piece of paper to sign amongst all the others (in English?!) at her interview?! That would be pretty sneaky... especially if her English is non-existent...

[payxibka 10,045]

Hello:

The reason given is: "Beneiciary signed an affidavit noting that she married Petitioner SPECIFICALLY to incur immigration benefits and raise a family in the US".

Married is in the past tense so it indicates that an the marriage event has occured... If that is a fact, then you are no longer eligible for a K-1 visa and this cannot be overcome unless you re-petition and change visa types.

And have a really good reason why the affadavit was signed in the first place?

Actually, even that may not help.

Pretty sure that bit in red is a giant NO.

I hear yeah.... but I don't think the info on the affadavit is sufficient to completely close that door (other visa type) but it might be... If they are indeed married then K-1 door is locked

[athena_ny 1]

Hello:

The reason given is: "Beneiciary signed an affidavit noting that she married Petitioner SPECIFICALLY to incur immigration benefits and raise a family in the US".

Married is in the past tense so it indicates that an the marriage event has occured... If that is a fact, then you are no longer eligible for a K-1 visa and this cannot be overcome unless you re-petition and change visa types.

And have a really good reason why the affadavit was signed in the first place?

Actually, even that may not help.

Pretty sure that bit in red is a giant NO.

I know I was being sarcastic (oops)

While fwaguy says it may not be completely closed, if they have signed "proof" of marriage/immigration fraud, I would think it would be EXTREMELY difficult to come here - ever.