K1 interview - Failed

[John & Rose 7,237]

1 minute ago, Annie0913 said:

Ok so am I just calling the embassy of Cambodia to figure that out? The CO wouldn't speak to him about it.

 

Yes that's my aunt. She lives here in the states. My aunt and his grandmom talk on the phone almost every week.

 

Everything sounds good.  That is why we know we are probably missing something.  Something he said in the interview made the CO believe that the relationship was not legitimate.  I think there were other questions asked that he didn't mention to you.  

[Annie0913 39]

Thank you everyone for your response. My fiance is a good man and I know he isn't hiding anything from me. Maybe he talked a little more than he should have cause he tends to talk a lot. Idk 

So what steps should I take? Call the embassy of Cambodia and if they can't/won't do anything about it then what? 

Should I try to file for another petition? What are the chances of that getting approved?

[Annie0913 39]

5 minutes ago, John & Rose said:

Everything sounds good.  That is why we know we are probably missing something.  Something he said in the interview made the CO believe that the relationship was not legitimate.  I think there were other questions asked that he didn't mention to you.  

Ok I'll try to ask him again if he missed any questions 

[Nitas_man 3,100]

14 minutes ago, John & Rose said:

Not many that were denied due to fraud.  There are denials for other red flags but fraud generally will stay with the beneficiary forever.  That is the concern.  It is possible that he will never be allowed into the US legally.  

Material misrepresentation / fraud means either he failed to disclose something that made him inadmissible (see list of classes of inadmissible aliens), failed to disclose something that made him eligible to marry (already married), or something on that level.

 

Who introduced who or how they met or something like that is not "material". Who thinks the size of a house is relevant to an immigration case? 

 

If it is not on the I-129F, I-134, or IV application, it is not material.  So I believe it would be good to start with the visa application and work backwards from there.  Did he print a copy of his visa application so that you can look over his answers?

Edited October 19, 2017 by Nitas_man

[Murph4865 597]

7 minutes ago, John & Rose said:

Everything sounds good.  That is why we know we are probably missing something.  Something he said in the interview made the CO believe that the relationship was not legitimate.  I think there were other questions asked that he didn't mention to you.  

I am wondering if they go by the letter of introduction and get answers from there accordingly to what they ask to see if you really know each other well

[Annie0913 39]

12 minutes ago, Murph4865 said:

I am wondering if they go by the letter of introduction and get answers from there accordingly to what they ask to see if you really know each other well

We know each other well but the CO didn't seem to care about that

[Murph4865 597]

2 minutes ago, Annie0913 said:

We know each other well but the CO didn't seem to care about that

How well though for how long

[VisaCode 72]

10 minutes ago, Nitas_man said:

Material misrepresentation / fraud means either he failed to disclose something that made him inadmissible (see list of classes of inadmissible aliens), failed to disclose something that made him eligible to marry (already married), or something on that level.

 

Who introduced who or how they met or something like that is not "material". Who thinks the size of a house is relevant to an immigration case? 

 

If it is not on the I-129F, I-134, or IV application, it is not material.  So I believe it would be good to start with the visa application and work backwards from there.  Did he print a copy of his visa application so that you can look over his answers?

Actually, a material misrepresentation is defined as: "a false representation concerning a fact that is relevant to the person’s eligibility for an immigration benefit." See INA 212(a)(6)(C)(i). For a definition of materiality, see Chapter 3, Adjudicating Inadmissibility, Section E, Materiality [8 USCIS-PM J.3(E)]. Ie, lying about what kind of car you drive is a harmless misrepresentation because it has no bearing on the immigration case. Lying about how one met their fiance does have a bearing on an immigration case, obviously, as there are entire sections of code devoted to it, IMBRA, etc...

 

At the end of the day, we're all just speculating at this point because only the CO knows why they denied the visa. Given the lack of information, one person's wild guess is as good as anyone else's, imho.

 

[Nitas_man 3,100]

13 minutes ago, Murph4865 said:

I am wondering if they go by the letter of introduction and get answers from there accordingly to what they ask to see if you really know each other well

My wife and I really did not know each other that well.  If that was material half of this board would have been denied.

My instinct says this is a CO being a p---k.  There are a few out there.  So my advice to download / sign a consent form and email a request for congressional inquiry with the letter consent form attached  / copy IV and ACS stands.  Shine the light on it.  If something's there at least the petitioner will get an answer.

[John & Rose 7,237]

16 minutes ago, Annie0913 said:

Thank you everyone for your response. My fiance is a good man and I know he isn't hiding anything from me. Maybe he talked a little more than he should have cause he tends to talk a lot. Idk 

So what steps should I take? Call the embassy of Cambodia and if they can't/won't do anything about it then what? 

Should I try to file for another petition? What are the chances of that getting approved?

I would try to contact the Embassy.  They may answer your questions as you are a USC.  They do not have to answer your fiance's.  Start with that.  Maybe it is a simple issue that can be resolved somewhat easily.

 

If that doesn't work, you can get married in Cambodia and file for a CR-1 visa.  Make sure everything is PERFECT!!!!  Depending on what the CO thought were the issues will determine how he is handled in the future.  Hopefully he simply talked to much and said something the CO found suspicious.  It is VERY important to be honest but it is just as important not to volunteer additional information.  Answer the question that was asked, no less, no more.  Adding info is a red flag and makes the interview sound rehearsed. 

 

Check to see what the embassy will tell you.  Ask them if this will impact future petitions.  They may not answer but they may give you an impression.

[Crazy Cat 39,218]

OP-  Filing another petition at this point would be useless.  Finding the real reason for the misrepresentation should be your goal now.  Your Senator or Congressperson's help is warranted imo.  

[John & Rose 7,237]

1 minute ago, Nitas_man said:

My wife and I really did not know each other that well.  If that was material half of this board would have been denied.

My instinct says this is a CO being a p---k.  There are a few out there.  So my advice to download / sign a consent form and email a request for congressional inquiry with the letter consent form attached  / copy IV and ACS stands.  Shine the light on it.  If something's there at least the petitioner will get an answer.

That is possible but the CO also realizes that the denial will bring more questions from their bosses and possibly even Congressmen.  I do understand that they are human and have bad days but I doubt if they would purposely scuttle a petition hen it means that they will be questioned about their findings and performance.  

 

The added scrutiny would make n=me think they have a very good reason to deny and that reason would be strong enough that another CO would also have the same conclusion.

[Nitas_man 3,100]

1 minute ago, John & Rose said:

That is possible but the CO also realizes that the denial will bring more questions from their bosses and possibly even Congressmen.  I do understand that they are human and have bad days but I doubt if they would purposely scuttle a petition hen it means that they will be questioned about their findings and performance.  

 

The added scrutiny would make n=me think they have a very good reason to deny and that reason would be strong enough that another CO would also have the same conclusion.

The OP is entitled to an official answer either way.  

 

 

 

[John & Rose 7,237]

1 minute ago, Nitas_man said:

The OP is entitled to an official answer either way.  

An answer to why they were denied, yes.  Absolutely!

[Annie0913 39]

1 hour ago, usmsbow said:

No, it's not yours. Basically the CO thought your fiance was lying about something. Perhaps how you two know each other, your relationship history, etc. Maybe he applied for a visa previously, but didn't provide that info. Maybe it was some other info on the DS-160 that didn't match his answers or other documentation. 

 

From the line of questioning, it sounds like the CO thought meeting through the aunt was BS. That was a pretty detailed line of questioning IMO. 

 

I'm not familiar with the embassy in Cambodia. Maybe it has a history of high fraud with people claiming romantic relationships through relatives (such as an aunt), so you were just in trouble due to circumstances. Did you two just meet once in person?

 

Edited to add: after quickly skimming the Cambodia reviews on VJ, it sounds like it is a bit of a challenge, at least by SE Asia standards. One reviewer said those who interviewed alone got rejected, while those who had their partners with them were approved. Sounds like a bit of an exaggeration, but it does indicate the embassy is tougher than most... 

 

 

The CO should've asked more questions about my aunt then because that really is how we met. And not ask about how big or small the house she stayed in was. 

I feel like the CO already made up her mind on rejecting our case before meeting my fiance and that's just not fair esp when he answered everything correctly.