K1 interview - Failed

[GarryAndMarie 147]

Hi Annie, I've been reading your thread here & thought maybe this might help you in some way for identifying the reason for the denial -> https://www.google.com/search?q=cambodia+k1+visa+denial+reason+site:www.visajourney.com

 

Specifically, the search revealed this discussion thread -> link

 

You'll see this partway down in it:

 

On 7/17/2012 at 7:05 PM, Csdvii said:

2. CO says the person who introduced us is too involved,

 

"This is a killer at every consulate in southeast Asia. An immigration lawyer in Saigon who is fairly well known on this forum refers to this scenario as "Uncle Boom Boom". The uncle introduces an American friend to his niece for the primary purpose of helping her to immigrate to the US."

[John & Rose 7,237]

16 minutes ago, GarryAndMarie said:

Hi Annie, I've been reading your thread here & thought maybe this might help you in some way for identifying the reason for the denial -> https://www.google.com/search?q=cambodia+k1+visa+denial+reason+site:www.visajourney.com

 

Specifically, the search revealed this discussion thread -> link

 

You'll see this partway down in it:

 

"This is a killer at every consulate in southeast Asia. An immigration lawyer in Saigon who is fairly well known on this forum refers to this scenario as "Uncle Boom Boom". The uncle introduces an American friend to his niece for the primary purpose of helping her to immigrate to the US."

Wow.  Excellent info.  That sounds like a very realistic reason for the OP’s denial.  There is so much amazing information here!

 

The Grandmother/Aunt scenerio does sound like it could be an immigration setup.  That can be easily handled with the correct front loading of a new CR petition.  It may be tough for another K-1, though.

[GarryAndMarie 147]

1 minute ago, John & Rose said:

The Grandmother/Aunt scenerio does sound like it could be an immigration setup.  That can be easily handled with the correct front loading of a new CR petition.  It may be tough for another K-1, though.

From further reading, it seems her fiance may have been accused of "material misrepresentation" which if so, really would be best addressed by an appeal and specific challenge - because material misrepresentation could result in a lifetime ban for him. If I were in her shoes, it would suck but time to lawyer up and have the attorney do a full inquiry to uncover the specific reason for denial, rather than risk another disappointment.

[NikLR 13,220]

25 minutes ago, GarryAndMarie said:

From further reading, it seems her fiance may have been accused of "material misrepresentation" which if so, really would be best addressed by an appeal and specific challenge - because material misrepresentation could result in a lifetime ban for him. If I were in her shoes, it would suck but time to lawyer up and have the attorney do a full inquiry to uncover the specific reason for denial, rather than risk another disappointment.

They would have to label that way and they didnt.  

I agree to a FOIA but not the doom and gloom others have posted in this thread.  Many have posted this exact same denial for the k1 on here and successfully done a CR1 next trip without a lawyer. 

 

However the OP has had lots of advice they should take into serious consideration and I wish them the best of luck in their future endeavors.

Edited October 20, 2017 by NikLR

[GarryAndMarie 147]

1 hour ago, NikLR said:

They would have to label that way and they didnt.  

I agree to a FOIA but not the doom and gloom others have posted in this thread.  Many have posted this exact same denial for the k1 on here and successfully done a CR1 next trip without a lawyer. 

 

However the OP has had lots of advice they should take into serious consideration and I wish them the best of luck in their future endeavors.

I don't mean to sound crass or mean, but: Did you perhaps miss the part in OP's letter that clearly stated their petition was being returned for suspicion of fraud or material misrepresentation?

[geowrian 22,335]

11 minutes ago, GarryAndMarie said:

I don't mean to sound crass or mean, but: Did you perhaps miss the part in OP's letter that clearly stated their petition was being returned for suspicion of fraud or material misrepresentation?

I believe that is in all K-1 refusals due to not having a bona fide relationship. The embassy refuses the visa and sends the I-129F back to USCIS (through NVC) with a P6C (fraud) marker. USCIS does not review returned I-129Fs mostly for this purpose...to avoid an actual fraud finding on every returned I-129F petition. Instead, they let it sit and expire.

 

So it's not actually a material misrepresentation ban from what I read. It's serious, and the past refusal will take effort to overcome and show a bona fide relationship (or marriage assuming they marry and do a CR-1 next time). It could become a material misrepresentation finding. That's why finding out exactly what happened and whatever else they can about the case via a FOIA request is necessary.

Edited October 20, 2017 by geowrian

[NikLR 13,220]

11 minutes ago, GarryAndMarie said:

I don't mean to sound crass or mean, but: Did you perhaps miss the part in OP's letter that clearly stated their petition was being returned for suspicion of fraud or material misrepresentation?

Did you miss the part where it said 221g and not the actual 212 material missrep code? Because I have read several letters states just like that on here in the last 5 years and the couple has successfully done a CR1 even from countries such as Nigeria and Pakistan. 

 

It's not impossible to overcome by any means.  I will not argue with you.  I wish the OP the best.  

 

[GarryAndMarie 147]

Annie, please be aware of the distinction between mere *suspicion* of fraud or misrepresentation, and bona fide evidence of fraud or misrepresentation. I think that's what some folks here might have confusion or just lack of knowledge about. Suspicion is serious too, and shouldn't be glossed over. I too wish you the best of luck in your endeavor to find out what's happened.

 

Here's one more thing that may help you in your search for answers:

 

Quote

"The Office of Visa Services (Visa Office) within the Department of State’s Bureau of Consular Affairs issues advisory opinions in nonimmigrant and immigrant visa cases adjudicated at U.S. consulates.  Advocates and applicants may send email inquiries to LegalNet@state.gov to request case-specific responses regarding the interpretation or application of immigration law in visa cases."

Link with instructions and guidance on how to make an inquiry & what the Office of Visa Services can or can't do for you -> link

 

Also -> link

[Annie0913 39]

@

On 10/19/2017 at 9:37 PM, Nitas_man said:

I would have had a caseworker, a signed waiver, and an email loop open between you, the congressional office, and the embassy before the CO woke up and had morning coffee.  Do it now.

 

On 10/19/2017 at 10:03 PM, Ebunoluwa said:

Case worker = senator's immigration aide.

Signed waiver = privacy release so the senator's office can inquire on your behalf (see senator's web site), fill out, sign, send or fax.
Sometimes it is hard like pulling teeth to get the reason out of the embassy.
They may say they can not say because it will violate the beneficiary's privacy and sometimes they will inform the senator's liaison.

 

On 10/19/2017 at 11:35 PM, caliliving said:

By the looks of your picture, you guys seem like a 'normal' couple. you are both the same ethnicity, you both speak the same language and you are the same ages.  you guys seem like you 'match' well together! honestly, i cant imagine their being red flags.  

 

i really think you are wasting alot of time worrying about this K1 denial,. you should fly there tomorrow and get married! then apply for CR1.  then see what happens and go from there.  i know the wait will suck, but this seems to be the easiest/safest and best approach.  then you will figure out is it just they dont believe your marriage is real or is it an actual misrep ban.  then you can move forward from there! because either way, your K1 is DEAD their is no way to get that back or appeal it. so either you file a new K1 or you file a CR1! Everyone here will agree, filing another K1 is a waste of time. 

 

On 10/20/2017 at 8:29 AM, NikLR said:

Yes you can file a spousal visa. 

 

The difference between a fiance and spousal visa denial is what happens after the denial.  A spousal visa would be sent back to the USCIS and they would send you a NOIR (notice of intent to revoke) and you would submit more evidence for specific things.  Then it would be sent back to embassy for another interview and they cannot deny for the same reason as before.  Basically until the USCIS denies the I-130 you can keep interviewing or sit in AP.  With a K1, the I-129F has a self life.  So even if it's sent back to the USCIS, the petition will expire and you have to start over.  Often there will be no explanation of the denial other than the main letter.  While I admit I dont spend a great deal of time in the K1 forum section, I do not think it's common for an embassy to extrapolate on their decisions when it is a K1 visa.  

There are some embassies and consulates where the petitioner needs to be there regardless of what the official stance is.  There are some embassies where even though the petitioner isnt allowed into the embassy for the interview, but just being there is a huge plus and can make the difference between an approval and denial.  

I do not feel that another k1 would be beneficial for you.   While you're trying to get answers you probably should be planning a wedding and moving in that direction.  On a personal note that is a generalization of course,  I have noticed many men do quite poorly when they arrive on a K1.  Anyone who is used to working and sustaining themselves do really.  The inability to work for about 4 months strains a new marriage incredibly so a cr1 may be a better choice. 

 

On 10/19/2017 at 6:56 PM, missileman said:

and how does it appear if the petitioner jumps in and answers questions directed to the beneficiary? 

 

On 10/19/2017 at 7:55 PM, NikLR said:

Op.. this was not a misrep denial. 212(a)(6)(C)(i) is a misrep denial but a 221g is just a denial and they dont believe the relationship is real.  Go get married and file again with a CR1.  Try to be there for the interview this time. Best of luck.  

 

On 10/20/2017 at 1:57 PM, GarryAndMarie said:

Hi Annie, I've been reading your thread here & thought maybe this might help you in some way for identifying the reason for the denial -> https://www.google.com/search?q=cambodia+k1+visa+denial+reason+site:www.visajourney.com

 

Specifically, the search revealed this discussion thread -> link

 

You'll see this partway down in it:

 

"This is a killer at every consulate in southeast Asia. An immigration lawyer in Saigon who is fairly well known on this forum refers to this scenario as "Uncle Boom Boom". The uncle introduces an American friend to his niece for the primary purpose of helping her to immigrate to the US."

 

On 10/20/2017 at 2:17 PM, John & Rose said:

Wow.  Excellent info.  That sounds like a very realistic reason for the OP’s denial.  There is so much amazing information here!

 

The Grandmother/Aunt scenerio does sound like it could be an immigration setup.  That can be easily handled with the correct front loading of a new CR petition.  It may be tough for another K-1, though.

 

On 10/20/2017 at 2:21 PM, GarryAndMarie said:

From further reading, it seems her fiance may have been accused of "material misrepresentation" which if so, really would be best addressed by an appeal and specific challenge - because material misrepresentation could result in a lifetime ban for him. If I were in her shoes, it would suck but time to lawyer up and have the attorney do a full inquiry to uncover the specific reason for denial, rather than risk another disappointment.

Sorry didn't know how to just @ everyone... but they responded. I guess it's not as bad as everyone thought?

 

[NikLR 13,220]

It's what I thought.  They didnt believe your relationship is real.  

 

At least you can marry and move forward should you choose.  However you may want to talk to your fiance about the denial reason before that.  

[John & Rose 7,237]

Just go there and get married and file a spousal visa. I’m sorry this happened. There was something he said that made the CO believe it was not a real relationship. You will be fine. You can file for another visa. 

[Ebunoluwa 6,136]

Marry and file a CR1 and that will satisfy their findings that you have no intention to get married. 

Frontload the petition with lots of relationship evidence and you will be fine. Best wishes !

[Annie0913 39]

3 hours ago, NikLR said:

It's what I thought.  They didnt believe your relationship is real.  

 

At least you can marry and move forward should you choose.  However you may want to talk to your fiance about the denial reason before that.  

 

3 hours ago, John & Rose said:

Just go there and get married and file a spousal visa. I’m sorry this happened. There was something he said that made the CO believe it was not a real relationship. You will be fine. You can file for another visa. 

 

7 minutes ago, Ebunoluwa said:

Marry and file a CR1 and that will satisfy their findings that you have no intention to get married. 

Frontload the petition with lots of relationship evidence and you will be fine. Best wishes !

That's the route we're most likely going to take. Thank you guys!!

[John & Rose 7,237]

48 minutes ago, Annie0913 said:

 

 

That's the route we're most likely going to take. Thank you guys!!

Good luck to you!  Never give up on love!  Please let us know how its going when you can!

[Annie0913 39]

6 hours ago, John & Rose said:

Good luck to you!  Never give up on love!  Please let us know how its going when you can!

Yep I will