Seeking experienced Help/Advice (merged)

[Snoopy6986 0]

I have a serious issue here. This isn't normal by any sense.

My fiance K1 was denied at the Embassy in Manilla because of a box I checked "No" on that should of been a "Yes". This was based upon how Rapid Visa presented the question. Furthermore after she was denied I contacted my lawyer whom did all the paperwork on my ex-wife, and he explained that he did file the form for my ex. So I was wrong for this one box. (September 20th)

After 90 minutes after her denial, I requested for Reconsideration at the Consular Embassy. I promptly provided the information it would of asked for had I selected yes. Which really wasn't much, I was told it would be escalated. I got a email several weeks later stating they needed to further review the case.

~*~What they said~*~
On Mon, Oct 3, 2016 at 8:57 PM, Manila IV Correspondence Unit <IVManilaReplies@state.gov> wrote:
Dear Mr. *****:

Following a thorough assessment of the information and documents available to us, the adjudicating consular officer determined that we have to undertake further administrative processing on the case. Consular officers need to be reasonably satisfied that an applicant qualifies for a visa in all aspects before a final determination is made regarding visa issuance. The time required to process a visa application varies by case and depends on its complexity and the number of other cases awaiting review.

We will notify the applicant once the review is completed.
~*~

I spoke to Jael and she told me her father was diagnosed with Liver Cancer (Tumor) and has 3 months to live per the doctor. October 11th.

I emailed the Manila Embassy explaining, showing the doctor letter she sent me, asking for an expedited review on our application.

I waited about 1 week. Still nothing...

I reached out to Rick Scott (Florida Governor), he forwarded me to Marco Rubio and Bill Nelson (Senators). I reached out to Marco Rubio, signed a form for release of information. 3 days later, inquired, was told the lady who works on this is out of the office for the next 2-3 weeks..... (Like seriously... Why didn't they tell me this the first time after explaining the issue?). I reached out to Bill Nelson and did the same thing.... Signed a form, that was it... Then I get an email from Yamel with Marco Rubio, and apparently she is NOT out the office for 2-3 weeks... So she is starting to work on this case now... and well this is where it gets funky.... I was told by Peggy that my case was denied and sent back to USCIS in California on the 18/19th... Yet Yamel is telling me the same thing BUT she said it doesn't make sense cause I have a reconsideration case number and no results from it yet. I forward her the emails I got from them. If they were returning my packet to California... why haven't I been informed of anything? Also she (Yamel) is looking into this more as well. Cause it doesn't make sense to her. Lastly why hasn't California gotten my packet by now? They have nothing when I call them about it.

I also when I heard of the news from Jael, I asked from the Senator and the Manilla Embassy if they could apply re-entry status so we could have a wedding there after being married in Orlando for the sake of her family and friends. Has anyone heard of this being allowed? Is it possible?

How long does a reconsideration case take? Anyone with experience in this?

That being said is it better at this point to re-file a K1 without my mistake or just get married there and file spousal visa?

Can I have wedding there and not get married, and file K1 and get married here?

Keep in mind her approval letter says Expires Nov. 7th 2016. However they can extend it 4 months at the Consular level.

What should I do? Please help.

[Dutchster 1,107]

I have a serious issue here. This isn't normal by any sense.

My fiance K1 was denied at the Embassy in Manilla because of a box I checked "No" on that should of been a "Yes". This was based upon how Rapid Visa presented the question. Furthermore after she was denied I contacted my lawyer whom did all the paperwork on my ex-wife, and he explained that he did file the form for my ex. So I was wrong for this one box. (September 20th)

After 90 minutes after her denial, I requested for Reconsideration at the Consular Embassy. I promptly provided the information it would of asked for had I selected yes. Which really wasn't much, I was told it would be escalated. I got a email several weeks later stating they needed to further review the case.

Deleted the rest otherwise it'd be too long, I suggest you create your own topic so experienced VJ members can help you in your own topic instead of hijacking this one.

[Snoopy6986 0]

What exactly is the question you replied NO to that should have been yes?

She was turned away due to my mistake and not knowing what an I-130 was and because of my prior marriage (which was disclosed a long time ago to Jael, and is also disclosed in the application itself by me whom filled it out) my attorney did all the paperwork for me and my ex wife so I had no first hand knowledge what was and was not filed for my ex-wife immigration case back in 2008. All that was disclosed to me is he had to do a change of status for our case.

That and if you look at the attachment this is the question Rapid Visa presented to me during the filing of my K1 Visa. Complete Vague and I made the mistake assuming it was asking me if I ever filed a K1 visa for Jael or any other immigrant (seeing it is after all a K1 visa application).

I later found out on the denial paper it was an I-130 it was asking me, and I contacted my old attorney and he told me its a greencard they are asking.

[Snoopy6986 0]

Deleted the rest otherwise it'd be too long, I suggest you create your own topic so experienced VJ members can help you in your own topic instead of hijacking this one.

Sorry didn't know I was allowed to do that.

[Ontarkie 14,234]

~~Split post with replies merged with new thread.~~

[jstryker 41]

She was turned away due to my mistake and not knowing what an I-130 was and because of my prior marriage (which was disclosed a long time ago to Jael, and is also disclosed in the application itself by me whom filled it out) my attorney did all the paperwork for me and my ex wife so I had no first hand knowledge what was and was not filed for my ex-wife immigration case back in 2008. All that was disclosed to me is he had to do a change of status for our case.

That and if you look at the attachment this is the question Rapid Visa presented to me during the filing of my K1 Visa. Complete Vague and I made the mistake assuming it was asking me if I ever filed a K1 visa for Jael or any other immigrant (seeing it is after all a K1 visa application).

I later found out on the denial paper it was an I-130 it was asking me, and I contacted my old attorney and he told me its a greencard they are asking.

So they straight denied you instead of giving you the opportunity to fix or clarify?? That doesnt sound fair.

[Lemonslice 4,859]

If her father is sick, are you trying to rush her to the USA, or extend her time in the Philippines and delay her approval (not clear where her father is located)? You might want to consider getting married in the Philippines with her family in friends instead - it seems to be what you want (since you are asking about being able to leave the USA and get married there with her friends and family soon).

I tend to agree with you that the RapidVisa question was not as clear as the question on the form, but did you read the form before signing it? Part 1, question 14, is not talking about I-130 but simply asking if you have ever filed for a fiancé(e) or husband/wife before. Is there any kind of support from RapidVisa?

Wishing you the best.

[Snoopy6986 0]

That's exactly what they did.

So they straight denied you instead of giving you the opportunity to fix or clarify?? That doesnt sound fair.

[Snoopy6986 0]

So they straight denied you instead of giving you the opportunity to fix or clarify?? That doesnt sound fair.

Yes, and not even 90 minutes later when I asked for reconsideration and explained, they still haven't responded about the decision on the outcome of the reconsideration case. It's been well over a month now.

[Snoopy6986 0]

If her father is sick, are you trying to rush her to the USA, or extend her time in the Philippines and delay her approval (not clear where her father is located)? You might want to consider getting married in the Philippines with her family in friends instead - it seems to be what you want (since you are asking about being able to leave the USA and get married there with her friends and family soon).

I tend to agree with you that the RapidVisa question was not as clear as the question on the form, but did you read the form before signing it? Part 1, question 14, is not talking about I-130 but simply asking if you have ever filed for a fiancé(e) or husband/wife before. Is there any kind of support from RapidVisa?

Wishing you the best.

Her father is in the Philippines.

What I was trying to do is expedite the Visa process so she could come here, we would marry in the courthouse, leave the same week, go there and have the wedding. Then return. It's just a simple re-entry status that would need to be applied to her visa is all. The K1 visa process was already in motion and was supposed to be completed by now.

Rapid Visa is now dodging the refund request and haven't responded in the alotted 24-72 hour agreement they say all messages would be replied too by. I will just file for a dispute to get the refund. They changed their question slightly since. But still very very unclear and still vague and should state exactly what it is they are asking. There is email support and a phone number, but again they just push it off and said someone will get with me which they have not.

[agrabs 241]

If she enters with K1 and you get married, she will need to file for emergency AP for re-entry into the US. Not sure how realistic it would be to count on getting married, filing the paperwork and getting it approved and leaving all in the same week. If the k1 has been denied, it sounds like you would be better off getting married there and applying for Cr1

[Snoopy6986 0]

If she enters with K1 and you get married, she will need to file for emergency AP for re-entry into the US. Not sure how realistic it would be to count on getting married, filing the paperwork and getting it approved and leaving all in the same week. If the k1 has been denied, it sounds like you would be better off getting married there and applying for Cr1

Ya, what dawned on me is what I most likely will do. Have a wedding there, while in the process and then get legally married here after the wedding there. My Senator told me that even if I applied for another K1 her other one is still in process and wont affect it. As it doesn't expire until Nov. 7th, and we still have not gotten a response for the Reconsideration case #