Chances of being denied for K3

[asosa24 0]

Hi everyone, after reading through a few of the boards and seeing that a lot of you are going through the same thing I am going through I finally decided to join and ask a few questions.

I petitioned for my fiance 2 years ago for a K1. We had all of our paperwork in line and thought we would be ok. But things turned out worse than we thought. We got denied. They said that our answers did not match up. So we basically got denied because they thought our case was fraud. This was in Dec of 06.

We got married right away and when I got back to the states in Jan 07 started the process for a K3. After a year we finally got our interview date for March. We are very excited and feel that we shouldn't have any problems this time around because we know the process but just have one thing on our minds, can they give us a hard time because we got denied for a K1 in Dec of 06. Has anyone come across anything like this? Any input or thoughts would be great. Thanks.

[YuAndDan 153]

You may need to have a lawyer deal with USCIS to overcome the notice of denial on file for the first case.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

http://www.ilw.com/articles/2006,0323-ellis.shtm

Same question asked last week. SEE: http://www.visajourney.com/forums/index.ph...=104022&hl=