K1 VISA DENIAL

[AnneiyAndJacky 0]

I just want to help my friend about his situation. I feel it is kinda complicated situation for him. Well, my friend is already a U.S citizen and recently petitioned his wife and his kid and got denied. To make this long story short.... His wife had a previous marriage and has 1 kid when he met his wife, when they already have kid, they decided to marry but at that time his wife previous marriage wasn't annulled yet. So their wedding is considered void or null. So he decided to file k1 for his wife instead k3 visa as his lawyer advice. Before my friend processed the petition for his wife for k1 visa, they worked on wife's previous marriage to finally annulled and their wedding as void. My friend spent too much money to hire a lawyer just to make sure that his wife could get here as k1 visa. Time came, and wife already interviewed at the U.S embassy and they denied my friends petition as K1. and worse thing is, USE is already decided to return the petition here in the U.S. I felt pity for both of them, i really don't know what advice should i give them. My friend is goin back to philippines on sept 22nd to talk to USE in manila and hoping that he could stop them to return their papers back here in U.S and rectify the main reason of denial. Is there anybody can help or advice my friend how to handle this situation?! thanks to everyone in advance!

[Dakine 26]

I just want to help my friend about his situation. I feel it is kinda complicated situation for him. Well, my friend is already a U.S citizen and recently petitioned his wife and his kid and got denied. To make this long story short.... His wife had a previous marriage and has 1 kid when he met his wife, when they already have kid, they decided to marry but at that time his wife previous marriage wasn't annulled yet. So their wedding is considered void or null. So he decided to file k1 for his wife instead k3 visa as his lawyer advice. Before my friend processed the petition for his wife for k1 visa, they worked on wife's previous marriage to finally annulled and their wedding as void. My friend spent too much money to hire a lawyer just to make sure that his wife could get here as k1 visa. Time came, and wife already interviewed at the U.S embassy and they denied my friends petition as K1. and worse thing is, USE is already decided to return the petition here in the U.S. I felt pity for both of them, i really don't know what advice should i give them. My friend is goin back to philippines on sept 22nd to talk to USE in manila and hoping that he could stop them to return their papers back here in U.S and rectify the main reason of denial. Is there anybody can help or advice my friend how to handle this situation?! thanks to everyone in advance!

If either one of them wasn't free and clear to marry when the K1 petition was filed then there isn't much they can do. Sounds like they should get a refund from the lawyer!!!

Edited September 5, 2008 by Haole

[brnidokiegurl 1]

RETURNS BACK to california will only be left to expire then they will need refile, i doubt anyone will ever tell them to much even after making the trip

[AnneiyAndJacky 0]

that's what i am thinking. it wouldnt help eventhough he talk to the consulate in USE in manila. And I believe the lawyer he hires isnt knowledgeable enough for this situation. cuz he talked to his lawyer again after the visa denial and lawyer seemed like dont know what to answer his concern and advice him to try to go back to manila and talk to USE or re-file again..

[JeffnBhing 0]

Unfortunately the only thing to do is re-file. Why did the USE deny the K1 if the marriage was annulled prior to filing?

Edited September 6, 2008 by JeffnBhing

[brnidokiegurl 1]

the thing is calif lets them expire, vermont is still working on some k1 returns from 2 years ago, california told us we could refile but vermont just keepsssssssssssssssssss going and going and going . So their (what they thought) was real marriage wasnt, once the situation with the past marriage is resolved, maybe marry (again) and try the cr1 which would over ride the k1 . Its going to be real time consuming........

[Passing.star 0]

I think they shouldn't file the K1 but K3 since they were already married.

[Dakine 26]

Submitt a NOTARIZED letter cancelling the K1. Best to "refile" for a CR-1 as they are a MUCH better visa than the K3.

[tedjen 0]

Why did USEM denied the K1 if the annulment already granted prior to filing of the petition in USCIS?

What was the consul's reason for denying the K1 visa?

[AnneiyAndJacky 0]

Why did USEM denied the K1 if the annulment already granted prior to filing of the petition in USCIS?

What was the consul's reason for denying the K1 visa?

probably due to the conflict that when they got married while the wife's previous marriage wasnt annulled yet. then their marriage was considered null and void BUT they filed annullment for their own marriage which also i dont quite get why they had to do that since it's orginally void?! i believe the (stupid) lawyer advice him to show to the USEM that they annulled their own marriage just to erase everything and start over as k1...

[tedjen 0]

Why did USEM denied the K1 if the annulment already granted prior to filing of the petition in USCIS?

What was the consul's reason for denying the K1 visa?

probably due to the conflict that when they got married while the wife's previous marriage wasnt annulled yet. then their marriage was considered null and void BUT they filed annullment for their own marriage which also i dont quite get why they had to do that since it's orginally void?! i believe the (stupid) lawyer advice him to show to the USEM that they annulled their own marriage just to erase everything and start over as k1...

Ok, so you said their (own) marriage was annulled but how about your friend's fiancee's prior marriage? Did they file the annulment and was it granted?

If yes, then it just brought confusion to the consul but if not, well, they need to clear the beneficiary's prior marriage first then redo the I129F and K1 process.

[desert_fox 32]

Did they try to skate thru the interview without mentioning the previous marriage???..but got caught???

That would cause the Consulate to send the petition back to be revoked....misrepresentation.

[Arcely 0]

Did they try to skate thru the interview without mentioning the previous marriage???..but got caught???

That would cause the Consulate to send the petition back to be revoked....misrepresentation.

.

Hola, les cuento mi experiencia, soy colombiana, y mi prometido aplico por visa K1....el dia 15 de julio fue nuestra entrevista en bogota, y la visa fue negada, y los papeles devueltos a USA.......el consul la nego por falta de evidencia familiar, pero la verdad fue que la consul nisiquiera miro las evidencia de dos años que llevamos de novios....estamos ala espera de que inmigracion le conteste a mi prometido porque fue negada la visa

[desert_fox 32]

Did they try to skate thru the interview without mentioning the previous marriage???..but got caught???

That would cause the Consulate to send the petition back to be revoked....misrepresentation.

.

Hola, les cuento mi experiencia, soy colombiana, y mi prometido aplico por visa K1....el dia 15 de julio fue nuestra entrevista en bogota, y la visa fue negada, y los papeles devueltos a USA.......el consul la nego por falta de evidencia familiar, pero la verdad fue que la consul nisiquiera miro las evidencia de dos años que llevamos de novios....estamos ala espera de que inmigracion le conteste a mi prometido porque fue negada la visa

Está seguro que no era ningún otro problema???

Qué dice el papél que el consulado le dio???

[Arcely 0]

Did they try to skate thru the interview without mentioning the previous marriage???..but got caught???

That would cause the Consulate to send the petition back to be revoked....misrepresentation.

.

Hola, les cuento mi experiencia, soy colombiana, y mi prometido aplico por visa K1....el dia 15 de julio fue nuestra entrevista en bogota, y la visa fue negada, y los papeles devueltos a USA.......el consul la nego por falta de evidencia familiar, pero la verdad fue que la consul nisiquiera miro las evidencia de dos años que llevamos de novios....estamos ala espera de que inmigracion le conteste a mi prometido porque fue negada la visa

Está seguro que no era ningún otro problema???

Qué dice el papél que el consulado le dio???

No, la verdad ningun otro problema, ....la negaron por la seccion 212(a)(5)(A)....ma han dicho que la consul penso que nuestro compromiso era por dinero, ...pero no es asi, nosotros llevamos dos años de relacion.....asi que estamos esperando que contesta inmigracion