K1 Visa denied to my Filipina Fiancee

[MRC0269 3]

I need some help guys!

On September the 8th my fiancée was denied her K-1 Visa at the US Embassy in Manila. They told her it was her protection.

They told her I had a DUI in 2000 and I did.

And on the application a question was asked have you ever been convicted of Domestic Violence and I have for assault on a female so I sent my conviction papers.

I am not a bad guy so before I get beat up on this forum let me explain.

In 2012 I caught my wife cheating and gave her another chance...3 months later I caught her again so I put her things outside and she recorded with her phone. I told her to get it out of my face with the phone and she wouldn't so i smacked the phone out of her hand. I know it was stupid and I was hurt and made a mistake. In court...I was told even though I didn't touch her physically that was still assault on a female.

So....I messed up but have never touched a woman!

They Consulate told her that it appeared to them that I was abusive to women and had a drinking problem. I have not touched alcohol in over 6 years.

They told her I have been divorced 2 times and that was an issue.

They also told her there is a big age difference she is 23 and I am 47. They said you need to get on facebook and try again... sorry but you are denied for your protection.

She is begging me not to give up I have went and seen her 2 times this year and we have become very close in the last 20 months.

They told her she could reschedule but it might not help and if I find another woman they would have on record that i was in on a previous K1 Visa denial.

She called to day and they said they would email her a form to reschedule.

I am not sure what she is talking about...she said reschedule but I think she means an appeal??

I was told the best thing to do is just refile...then I was told to go to the Philippine and marry her and file for a spouse visa because if you are married...the requirements...like criminal past is not something they ask about like they do for a K1 visa and it would be harder for them to deny her a spouse visa.

I love her very much and she does me also. She has asked me to just quit my job and move to the Philippines....but I can do that.

What is the best thing for us to do...and do we still have a chance to be together?

Thanks for your help!!

[Pitaya 2,577]

~Moved from K1 Process to K1 Progress Forum~

[soulstriker 274]

hmm thats alot of red flags , but seems spousal would be the only chance now , dont be surprised if she gets scrutinized during the interview , may be wise to get a lawyer this time

[Ben&Zian 4,398]

Agreed with Soulstriker.

The DUI even itself probably is just an added reason ontop of the "assault" conviction, regardless of how it actually played out in real life, it was a charge and conviction so cannot avoid it now regardless.

The age difference is always something they look at; but not exactly the "biggest spread" ever with a K-1.

It all just kind of adds up unfortunately to something they see and don't like.

See what your fiance does receive in the sense of the "appeal"; but definately I would get an immigration lawyer's advice and recommendations about it before refiling or trying to do the spousal visa.

[Rc123rc 528]

Yes, on paper that is a lot of red flags. A DUI, a domestic assault, 2 divorces and an age gap. The last 2 really aren't much of a problem by themselves but add them to the other 2 and they become a possible problem. She might be trying to get an appeal but If the consulate issued a protective denial then I'm not sure of an approval. Check out information about IMBRA.

My advice? Get a lawyer and see if marrying with a CR-1 is an option. K-1s once denied are usually a dead end. Find out what you need to prove that you have taken the proper actions, classes, etc to counter the DUI and Assault. Be prepared. This won't be easy. Good Luck.

[MRC0269 3]

Thank you all for taking the time to give me advice....We really appreciate !! Thanks!!

[mallafri76 1,012]

Did she know about your DUI and the assault before she went to the interview? IMBRA applies to spousal visas too.

[MRC0269 3]

hmm thats alot of red flags , but seems spousal would be the only chance now , dont be surprised if she gets scrutinized during the interview , may be wise to get a lawyer this time

hmm thats alot of red flags , but seems spousal would be the only chance now , dont be surprised if she gets scrutinized during the interview , may be wise to get a lawyer this time

[Unlockable 7,315]

Alcohol and DV does not look good on paper. Seems your fiance sincerely wants to be with you. Go the spousal route.

[Ebunoluwa 6,136]

Find out what they were talking about in regards to re scheduling. If they meant they will re schedule her for a second interview then

fly over and be there !

If they return the petition to USCIS for "review" then it is DOA and there will be no review it will be purposely allowed to expire.

There is no appeal.

If that is the case then marry and file a CR1 and consult a lawyer and front load your next petition.

Best wishes.

[MRC0269 3]

She said they told her to go home and talk to me to makes sure this is what she wants and make sure that the assault will never happen again and reschedule...this is her message just now:

I also ask if i will cll for reschedule if do i need to mdical again do i need to do all again they just said i will call their landline number and just tell i want to reschedule, i also ask if do i have something that i need to bring he just my passport and other pprs that i have, and i already at US embassy i will just go to window 31 I told them i really love you and i dont care about all your case, but yeah they said we need to tlk about this about all your case they really worried about your case assault on a fmale hon, i told them i know that case and told them i blieve what you said and i told them i dont care about your all case, i love you and want to be wth you, but the consol said im still young beautifull and nice prson he said i can find another love morethan i feel now, he said we need to tlk about your case and mke sure it will nver hppen to me

[Illiria 980]

Did she know about the domestic violence case before she went to the interview?

Even if a visa was obtained wouldn't the CFO interview be difficult (if not impossible) and without that she isn't leaving the Philippines.

[MRC0269 3]

Did she know about the domestic violence case before she went to the interview?

Even if a visa was obtained wouldn't the CFO interview be difficult (if not impossible) and without that she isn't leaving the Philippines.

Yes it says above that she told them she knew about all of my cases

[MRC0269 3]

I know they are protecting her....and I appreciate it....because there are alot of bad people in this world....but my assault on a female was knocking the phone out of my exes hand...was that smart....that was stupid...but I am not a wife beater....I made a mistake but they just see assault on a female...I don't know what will happen at the CFO...I was told by many that they had fiancée's get approved for far worse than what I have done...but....I don't know if that is true or not???1

I am not a bad man...and she knows that....but on paper it don't look good.

[Ebunoluwa 6,136]

Re schedule, be there on the premises and request to be part of the interview, then tell them what exactly happened and convince them nothing

like that will ever happen again and bring a doctor's letter that you have been sober for 6 years.

You really should be there or you may have to re file if not approved.

If you can not attend then at least write a letter explaining everything (and doctor's letter) and scan it to her so she can take it with her.

You being there could make or break the case.