On July 24 2006 my wife k3 visa was denied because they did not believe our marriage
basically she was really nervous and our answer did not match
Now I understand one of the requirements of getting a K3 visa is having an I130 petition first
But what happens now?? Is the petition for a relative (I130) on hold or denied too??

California service center are working on I130's for the month of January 01
mine is january 10th would they see a K3 visa denied and hold the petition or they don't even see that?


this is so depressing

Can you give more details? Like what answers did not match? in my eyes, you are either married or not married and that is determined by a legal document. Im guessing the I-130 will have no problems.. but who knows.

If the consulates agreed with you, there would be many more marriages for immigration purposes only. The problems encountered with the K-3 interview will not be decreased with the I-130 interview.

your answers didn't match? Were you both interviewed?

Yes more information would be helpful. What questions did they ask and what information did she have wrong. How long have you been married and how well do you actually know each other?

So what you are saying is that this may have not been a legit relationship and the consul determined this by asking trick questions even tho their was a legal marriage certificate?

Well, if they learn from their mistakes from this interview then the I-130 interview should go fine, yes?

twood2k,

The issue is not are they married or not married, the issue is why did they get married. Is the marriage for the purpose of evading immigration law, by using marriage as a means to get the alien into the USA and obtaining LPR status?

This is why people who have been refused a K1 visa on the issue of relationship are dreaming if they think getting married will make a difference. It won't. It's not the marriage, it's the reason for the marriage.

Yodrak

I'm not saying anything about this relationship. I'm saying your reasoning is flawed.

Please share I also am going for a K3 in Dom Rep......Is your wife pregnant how did you get an interview sooo quickly??

Just want to avoid your same mistakes.

sunshine

OH MY GOD GUYS lol no no this is a real marriage
I met her when I was 11 she was 9
if nothing goes well I'm willing to move forever with her on any part of the planet

That's a nice story, but perhaps you can give us some insight into what exactly she has to answer and what was different. Also how much evidence did you provide.

No one can help you if we don't have any details

This is too confusing. Did the consulate deny your K-3 or did the Service Center deny your I-129F? What I am gathering is that you failed to file the I-130 first, which in my mind would lead to the I-129F being denied. Can you clarify this please?

NO NO NOTHING LIKE THAT

the consulate deny her k-3 cus he thought we wer lying it has nothing to do with filing the wrong papers

I'm confuse cus a I130 petition is pending and I was wandering if that is denied too or on hold

This is too confusing. Did the consulate deny your K-3 or did the Service Center deny your I-129F? What I am gathering is that you failed to file the I-130 first, which in my mind would lead to the I-129F being denied. Can you clarify this please?
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[quote name='naony' date='Oct 11 2006, 11:54 AM' post='500227']
NO NO NOTHING LIKE THAT

the consulate deny her k-3 cus he thought we wer lying it has nothing to do with filing the wrong papers

I'm confuse cus a I130 petition is pending and I was wandering if that is denied too or on hold

This is too confusing. Did the consulate deny your K-3 or did the Service Center deny your I-129F? What I am gathering is that you failed to file the I-130 first, which in my mind would lead to the I-129F being denied. Can you clarify this please?
[/quote]
[/quote]

Okay, got it. You did file the I-130 and it is pending. I thought you hadn't filed it at all.

I am assuming that you got the 221g letter stating that the petition is being sent back to the service center that originally approved your I-129F. If this is the case then I can help you understand. This happened to me and several others going through Morocco. Mine was for the CR1, but many were for the K-3 and K-1.

First tell me, did you get the 221g letter?

If yes, then tell me what the notes below the checked box says.

This is to lengthy to go into if it isn't what I am thinking.

I'm not sure if what i got is that letter you are talking about
the officer gave me a yellow letter in spanish and the only thing mark is your case will be return immigration services and thothing else was mark

naony,

Time to have a consultation with an immigration lawyer, one who does family-based immigration work and who also has experience with cases in the Dominican Republic, to find out what the weaknesses of your case might be and make a plan of action to deal with your problem.

Or to recognize that the consular officer may have come to the correct conclusion, pack your bags, and you move to the Dominican Republic.

Yodrak

yeah moving has been on my mind from that day foward

No its not... you simply dont understand.

AFAIK, from other similar circumstances, the I-130 continues as it should, its not contingent upon the I-129F and K3 continuing. The consul however will consider the same evidence at the interview for the CR1 as they did for the K3. If you can't convince them at that second interview that you actually do have a bonafide marriage, then she'll be denied again.

A consult with an immigration lawyer might be a good idea.

I am still waiting to find out WHY they decided the marriage wasn't legit. I am sure they gave your wife some reasoning, or perhaps she was able to deduce this herself based on the questions asked.

If you are going through this again and don't have a better plan then you probably SHOULD start packing.

Please explain the details.

Okay, well I am going to have to assume that what they are doing is sending it back to the Department of Homeland Securities. And more than likely it is based on the fact that they don't believe you have a real relationship.

You might want to contact your local congressman or senator for assistance on this. They can't make it go any faster, or influence decision, but what they can do is monitor the progress of your case to make sure it doesn't fall between the cracks. The second thing you will want to do is to file an FOIA with the department of state. Here is the link to that.

http://foia.state.gov/foiareq/foialetter.asp

You will need to sign a statement saying that "I am (your name), and you approve the release of information to (your fiance's name)". Under this you will write "Under penalty of purgery I certify the above information is true". Then you sign and date it. Send this to your fiance. Your fiance will also need to sign a statement that says "I am (your name), and I request, with the attached approval of my fiance (fiance's name), that you release all information to me. Below this you wll write "Under penalty of purger I certify that the above information is true". You will add this information to the form in the link (do not e-mail, this needs to be mailed) to:

Office of Information Programs and Services
A/ISS/IPS/RL
U. S. Department of State, SA-2
Washington, D. C. 20522-8100

This takes a long time to process. In fact, you might not get it back before they review your case, but the tips I have given you will help save some time.

Here is some links for you and your fiance to study to understand the procedure you are about to embark on.

http://travel.state.gov/visa/laws/telegram...grams_1388.html
http://www.immigrationlinks.com/news/news1894.htm
http://travel.state.gov/visa/laws/telegram...grams_1415.html

The first thing that will happen is that they send this back to the office that initially approved the petition. This took 4 months for ours to get back to the California service center, then it took an additional 8 months before they reviewed it, so you are in for the long haul.

Now for the I-130. If I were you I would continue the process as long as possible. Eventually they will hear that the K-3 was denied, and at that point they will also send this back, but the further ahead you are in the I-130 the better.

Like I said, a lot of information. But that is just the beginning.

I wonder if you do. The I-130 is not the issue. The immigrant visa application will be, and you are right that the I-130 hinges on a legal document or two. However, there is generally not an interview for the I-130.

sigh.. like someone else noted.. the K-3 and I-130 are probably mutually exclusive when it comes down to the process and interview. If they can prove their ties legally and however else is expected.. then they still might have a chance with the I-130.

I just wish we had all the facts so others can plan for this situation. I really dont understand what went wrong.

Now, back to checking USCIS every half hour for a touch on MY K-3!

Most consulates will not tell you the reasons behind their decision. My senator was able to find out that they didn't believe the marriage was real, but wouldn't give specifics. I did find out when they reviewed our case. Here is their list of reasons for our denial:

1-Petitioner married Applicant shortly after meeting the first time.

Rebuttal-I had known him online for a year. A headset and webcam and talking together on a daily basis was enough proof to us that we were in love and wanted to get married.

2-They had a small wedding.

Rebuttal-My vacation time available was for 2 weeks and 5 days, the approval to marry took 2 weeks and 1 day, hardly time to plan an elaborate wedding. Besides, a large wedding is a personal decision.

3-There were no family or friends at the wedding.

Rebuttal-There were indeed, and I have pictures to prove it.

Its really sad, if the consular officer had only asked my husband these questions, he had the answers along with physical proof, we all could have been saved this past year+.

The plus is that we proved our case with the department of homeland securities and our application is back at the consulate waiting for another interview. I know of 3 other couples that have also had their cases reaffirmed, and got the visa, so all is not hopeless.

HERE is my questio interviews in Dom Rep take from 12 to 18 months. How is your I-130 pending since last year?? What did the consular say.......

Now i'm confused!!

Morroco just curious did they deny you a visa after an interview or was this done before it ever got there. Some of the circumstances regarding my marriage are similar to yours, so I am wondering if I should not be concerned.

Let me get this straight, do you think that the I-130 could be approved if the I-129F has been sent back to the Department of Homeland Security? If I am gathering this correctly then no, they will not approve it until the situation is resolved with the I-129F. I know a lot of people that I met on visa journey that have had this situation, and they won't go further on any petition.

BTW, my I-129F was approved after the I-130 was denied. It made its way to the consulate. They even scheduled the appointment. My husband went to the appointment in hopes that they weren't tied, but they sent him home and told him to wait to resolve the issue with the I-130.

Oh, and if I am misunderstanding what you are saying....sorry!

wow, if we had to follow those rules in the USA??? most could not be married and live together!

It was denied at the interview. The I-130 had no issues being approved. If I had to do this entire process again with the knowledge I have learned now I would have addressed all of my red flags with the intitial petition.

Keep in mind, all consulates do things differently, so you might actually get a fair interview. Might I suggest that you research all of your possible red flags, then write the consulate a letter. Keep the letter brief as possible, but give them a quick view of your love and relationship. I would certainly address the red flags in this letter, but rather than making the letter about the red flags I would word it so it is more in passing.

Let me explain, instead of saying:

I am writing this letter to explain why we had a small wedding.......

You would write:

We had a small but lovely wedding, I wish it could have been larger, but due to the time restraints we had no other choice. We plan on having a party to celebrate our wedding once he arrives in the U.S.

Does that make sense?

Thanks for the heads up. If I were to write them a letter how exactly would I address it and for what purpose would I tell them I am writing and and when would I write it?

Our wedding was indeed small and lovely but was attended by family and a few friends and we are actually having a party when she returns. We also had a wedding reception at my aunts house and tons of photos plus pictures of our honey moon and lots of other places.

I have heard that South Africa is a relatively easy consulate to go through. I am totally puzzled as to why the person interviewing your husband didn't ask these basic questions to him, if his job is to try and make a judgement based on evidence presented.

twood2k,

Let's recognize that the K3 and the I-130 are two different animals - the former is a visa, the latter a petition to qualify to apply for a visa. There is nothing to compare.

If you want to compare, compare K3 with the corresponding immigrant visa application and interview (CR1 or IR1), or compare I-130 with the corresponding non-immigrant petition (I-129f).

Yodrak

Exactly! A lot of cases are sent back for reasons that have no grounds. My guess is that they doubt the validity, and rather than take the time to research it they just send it back. If a marriage is real it will last out this lengthy process, if not it will disolve on its own, so they won't have to do anything.

One thing I should mention, in the interview they asked my husband if he had family in the US. He said yes, an ex brother in law and sister. They got confused with this and thought that these 2 were actually married, so he tried to explain that the ex was married to a different sister and the sister is still married to the petitioner. But the damage was done and he didn't believe him. They actually asked him if his sister arranged our marriage...lol

I believe the reason for the denial was based more on this information and our age difference. I think that they learned later that what he said about his sister was true, so it wasn't brought up. I also believe that many posts send back petitions for the age difference. In my rebuttal letter I covered everything and anything I could think of...lol

OK...this thread is starting to freak me out a little. My husband and I married just 2 months after we met. We had a civil ceremony here in Texas with family in attendance. Then we had a large, formal wedding in Lima last March. We also attended pre-marital counseling with my minister while Luis was here in the States with me, and a letter from my minister addressing this. On top of all this, there are literally hundreds of photos showing Luis and I at both of our ceremonies and with both of our families.

I'm wondering if I should do the letter thing now, too???

I think a lot of people married quickly on here, simply due to the nature of being in love with someone so far away. We aren't granted the luxury of dating someone for years and seeing them everyday. We often have to make quick, decisions that we might not have to had made were we perhaps granted easier access to those we love.

Morroco I am really sorry to hear what has happened to you over the past two years. It's a damn shame really that the interview was conducted in such a pathetic manner and that your husband wasn't allowed to present his side of the story in a more effecient manner.

You know what is kind of sad about all of this? My mother actually married a man 40 years older than herself in order to basically inherit his money when he died so she could have it for herself and the man she was really in love with ( who didn't love her) and that sort of thing is just allowed to go on, while good legit marriages are scrutinized because someone happens to be from a different country.




I think in her case a great deal of the scrutiny was a result of the fact that she married a middle eastern man and there was an age difference issue.

You're right about that, Libersolis. We were advised that we could be together sooner if we had a legal U.S. marriage as opposed to one overseas. At that time, we were completely ignorant of this whole process. We were just desperate to not have to be separated any longer than necessary. It would be absolutely devastating if we were denied on the grounds of being married so soon after we met OR for the fact that he has a sister living in Houston.

I'm already a nervous wreck about the interview in 2 weeks....now this?!?

I should really have more Faith that what's meant to be will be and stop worrying so much.

Your situation sounds very similar similar to mine Tracy, I haven't yet had a big party with my wife's family but I did have a great visit and saw some unique animals and some great landscape.

I am going to be there for a month and half so we can spend Christmas together, and maybe just maybe the interview will be during that time so I can attend.

I you attending the interview with your husband or does Peru not allow that?

I would state it something like this:

Dear consulate,

I would like to thank you for giving my husband/wife the opportunity to show you our evidence of our love and marriage. If I may, since I am not able to be a part of the interview, I would like to share a little of our history with you........

Tracy,

Oh now, don't get too concerned. Our case was simply under more scrutiny than most for exactly the reasons Libersolis stated. And to be honest with you, it should be.

They aren't going to deny everyone that had a small wedding, that would simply be the majority of the applicants. You have to weigh out your red flags. If they are big enough you need to prepare for a tough interview. A small wedding is not a big thing, but a small wedding with a big age difference (the woman older than the man) raises the level quite a bit. A small wedding, big age difference, middle eastern man...whoa...fireworks!

Prepare well and you will be fine. Oh yeah, and be glad you aren't going through Casablanca...

Thanks, Morocco! I've heard some very encouraging interview experiences from those who have gone through Lima. And our circumstances are much different than others who have been denied, so I'll try not to worry

And yes, Libersolis, I will be attending the interview with my husband. It is strongly encouraged that both the applicant and beneficiary go to the interview in Peru. And I look at it as another opportunity to spend time in a magnificent city with my amazing new family (in-laws)!! I CAN'T WAIT!!!

My hubby and I are the same age, and we had a large, formal wedding in March. Besides, we are so completely in love, the CO would be hard-pressed to find any reason to doubt our union

Would mutually exclusive cover that? oh well, I give up.

twood2k,

They are not mututally exclusive.
- Can't submit an I-129f for a spouse without an I-130 is pending.
- Can apply for a CR1 or IR1 visa even though a K3 visa has been issued (although the reverse is not true).

The immigrant and non-immigrant approaches are parallel paths, with cross-over points. Must start on the immigrant path, but can travel both for a while and then finish on either.

Yodrak

Wow...I am not going to worry...but I also had a small wedding only 3,5 months after meeting my husband. His family was there and a couple of his friends. We decided to do it because he was transfered to Japan and we didn´t want to be apart (imagine travelling Tokyo-Rio every few months!!). We also didn´t know how long he would have to stay in Japan, so we only applied for the I-130 six months after our wedding, when we decided we wanted to move back to the US. We also had a wedding party in May for my family and friends in Brazil. We have tons of pictures with family and friends, and trips we took in the US and abroad. I hope that´s enough proof that we have a real marriage!

Morroco, I am keeping my fingers crossed for you! You are a true fighter!

Awww thanks, your too kind.

You know I don't really come this board any more for advise, I think I should try my hand as an immigration lawyer for married couples... I just hope to help others to avoid what we have been through.

It sounds like you have a strong case, you should breeze through this process.