K-3 petition denied last Sept 29, 2008

[Hollis 0]

Listen to pushbrk...........

[steveee 0]

was he married b4? if yes how long he remained single before meeting you? were you married before? how long you remained single till you met your new spouse?

Were both never been married, but i came to the US for K-1 visa but i was not able to marry my first fiance because his violent, until such time i met this person and i fell in love with him and he does too, its because i really need to exit at the US he decided to marry me before i leave in the US, so that he can petition for me and evertyhing goes smoothly until my interview date came, the CO told me to have another interview after that, and i been through several interview and it takes almost 2 months till i received the letter saying that im not ilegible to have the visa the " reason is we present insufficient proof or documents that cant proved that our marriage was bonafie" and there is note at the bottom saying that, instead for immigration purposes only....but there's nothing stated that im barred or something and also the CO who gave me the final decision told me to appeal at the US because there going to return the petition in the US to revoke...

Now the real story comes out. You came to the USA on a K1 visa. During the 90 days you decided not to marry the petitioner. Instead you married another US Citizen and married him. You left on time and went through the K3 process.

It is understandable to conclude the marriage was for immigration benefit only, since within a 90 day period, you broke up a supposedly bona fide relationship, started and new one and married. I understand there were good reasons for not marrying the original petitioner but surely you understand how this looks to an immigration officer. Did your now husband ever visit you in the PI during the process? How many times? What kind of evidence do you actually have to show your relationship is bona fide, not just that your marriage was legal?

Actually i told everything to the CO during several interviews, and he said that the previous petition was over and done, there concern was my present marriage, later i understand that maybe because of our documents presented was not sufficient to proved and its like where unprepared, at the same time the CO question about his income tax previously, why i remain my maiden name, theres a lot of questions, maybe because we dont have any idea about the process and where both never been married, he just started his teaching job last aug 2008 so he was not able to visit me yet, the CO told me im here in the Phil and not staying in the US is good, she just told me to appeal, but i dont know if possible that we can refile after the petition revoke? at least at this time ived learn a lot from VJ and we can prepare more sufficient evidence about our marriage, thanks for the message...

Frankly, I don't think an appeal would get a different result but I could certainly be wrong. You need to start living like married people, including him visiting you in the PI, changing your name as is customary in your country and filing a joint tax return. A short rebound relationship with no visits after the marriage just isn't likely to convince most reasonable people that your marriage relationship is for more than immigration purposes.

So pushbrk, is it better to just re-file? How long does an appeal take?

i dont know how long, i really dont have any idea.....

[steveee 0]

was he married b4? if yes how long he remained single before meeting you? were you married before? how long you remained single till you met your new spouse?

Were both never been married, but i came to the US for K-1 visa but i was not able to marry my first fiance because his violent, until such time i met this person and i fell in love with him and he does too, its because i really need to exit at the US he decided to marry me before i leave in the US, so that he can petition for me and evertyhing goes smoothly until my interview date came, the CO told me to have another interview after that, and i been through several interview and it takes almost 2 months till i received the letter saying that im not ilegible to have the visa the " reason is we present insufficient proof or documents that cant proved that our marriage was bonafie" and there is note at the bottom saying that, instead for immigration purposes only....but there's nothing stated that im barred or something and also the CO who gave me the final decision told me to appeal at the US because there going to return the petition in the US to revoke...

Now the real story comes out. You came to the USA on a K1 visa. During the 90 days you decided not to marry the petitioner. Instead you married another US Citizen and married him. You left on time and went through the K3 process.

It is understandable to conclude the marriage was for immigration benefit only, since within a 90 day period, you broke up a supposedly bona fide relationship, started and new one and married. I understand there were good reasons for not marrying the original petitioner but surely you understand how this looks to an immigration officer. Did your now husband ever visit you in the PI during the process? How many times? What kind of evidence do you actually have to show your relationship is bona fide, not just that your marriage was legal?

Actually i told everything to the CO during several interviews, and he said that the previous petition was over and done, there concern was my present marriage, later i understand that maybe because of our documents presented was not sufficient to proved and its like where unprepared, at the same time the CO question about his income tax previously, why i remain my maiden name, theres a lot of questions, maybe because we dont have any idea about the process and where both never been married, he just started his teaching job last aug 2008 so he was not able to visit me yet, the CO told me im here in the Phil and not staying in the US is good, she just told me to appeal, but i dont know if possible that we can refile after the petition revoke? at least at this time ived learn a lot from VJ and we can prepare more sufficient evidence about our marriage, thanks for the message...

Frankly, I don't think an appeal would get a different result but I could certainly be wrong. You need to start living like married people, including him visiting you in the PI, changing your name as is customary in your country and filing a joint tax return. A short rebound relationship with no visits after the marriage just isn't likely to convince most reasonable people that your marriage relationship is for more than immigration purposes.

OKey thank you so much for the advice, i really appreciate it, reading from this website it helps me to understand, yeah maybe thats the best thing to do...he might visit me this coming christmas break...thanks again have a great day to everyboy......

[MaxOnline 0]

was he married b4? if yes how long he remained single before meeting you? were you married before? how long you remained single till you met your new spouse?

Were both never been married, but i came to the US for K-1 visa but i was not able to marry my first fiance because his violent, until such time i met this person and i fell in love with him and he does too, its because i really need to exit at the US he decided to marry me before i leave in the US, so that he can petition for me and evertyhing goes smoothly until my interview date came, the CO told me to have another interview after that, and i been through several interview and it takes almost 2 months till i received the letter saying that im not ilegible to have the visa the " reason is we present insufficient proof or documents that cant proved that our marriage was bonafie" and there is note at the bottom saying that, instead for immigration purposes only....but there's nothing stated that im barred or something and also the CO who gave me the final decision told me to appeal at the US because there going to return the petition in the US to revoke...

Now the real story comes out. You came to the USA on a K1 visa. During the 90 days you decided not to marry the petitioner. Instead you married another US Citizen and married him. You left on time and went through the K3 process.

It is understandable to conclude the marriage was for immigration benefit only, since within a 90 day period, you broke up a supposedly bona fide relationship, started and new one and married. I understand there were good reasons for not marrying the original petitioner but surely you understand how this looks to an immigration officer. Did your now husband ever visit you in the PI during the process? How many times? What kind of evidence do you actually have to show your relationship is bona fide, not just that your marriage was legal?

EXACTLY

[mike_2007 0]

forget the appeal, it is almost impossible to win an appeal and second,the appeal takes over a year so the best option is to refile the whole thing but before that you guys have to include much more evidence this time, have your husband add your name on his life insurance,health insurance,tax return,open up a joint bank account(www.ingdirect.com) try to send him letters and keep the receipts,emails, pictures,phone records, if he have car he can add your name on his insurance,add your name on his utility bills and you dont have to be in the u.s in order for him to add your name on all this,he can also send you an ATM card to use it in your country and keep the statments ,all this will help you alot and i am alsmost sure if you do that they will approve you this time. remember getting married as fast as you did is not a good idea ,i userstand that you have your reason but for them they see it different so go ahead and do all this and refile with a cover letter explaining the whole setuation in details and you should be ok . ( forget the appeal) that wont help at all and you will just waste a year if not more and almost positive they will deny it at the end. good luck to you

Edited October 25, 2008 by mike_2007

[Y's_habibitk 2]

was he married b4? if yes how long he remained single before meeting you? were you married before? how long you remained single till you met your new spouse?

Were both never been married, but i came to the US for K-1 visa but i was not able to marry my first fiance because his violent, until such time i met this person and i fell in love with him and he does too, its because i really need to exit at the US he decided to marry me before i leave in the US, so that he can petition for me and evertyhing goes smoothly until my interview date came, the CO told me to have another interview after that, and i been through several interview and it takes almost 2 months till i received the letter saying that im not ilegible to have the visa the " reason is we present insufficient proof or documents that cant proved that our marriage was bonafie" and there is note at the bottom saying that, instead for immigration purposes only....but there's nothing stated that im barred or something and also the CO who gave me the final decision told me to appeal at the US because there going to return the petition in the US to revoke...

Now the real story comes out. You came to the USA on a K1 visa. During the 90 days you decided not to marry the petitioner. Instead you married another US Citizen and married him. You left on time and went through the K3 process.

It is understandable to conclude the marriage was for immigration benefit only, since within a 90 day period, you broke up a supposedly bona fide relationship, started and new one and married. I understand there were good reasons for not marrying the original petitioner but surely you understand how this looks to an immigration officer. Did your now husband ever visit you in the PI during the process? How many times? What kind of evidence do you actually have to show your relationship is bona fide, not just that your marriage was legal?

Actually i told everything to the CO during several interviews, and he said that the previous petition was over and done, there concern was my present marriage, later i understand that maybe because of our documents presented was not sufficient to proved and its like where unprepared, at the same time the CO question about his income tax previously, why i remain my maiden name, theres a lot of questions, maybe because we dont have any idea about the process and where both never been married, he just started his teaching job last aug 2008 so he was not able to visit me yet, the CO told me im here in the Phil and not staying in the US is good, she just told me to appeal, but i dont know if possible that we can refile after the petition revoke? at least at this time ived learn a lot from VJ and we can prepare more sufficient evidence about our marriage, thanks for the message...

Frankly, I don't think an appeal would get a different result but I could certainly be wrong. You need to start living like married people, including him visiting you in the PI, changing your name as is customary in your country and filing a joint tax return. A short rebound relationship with no visits after the marriage just isn't likely to convince most reasonable people that your marriage relationship is for more than immigration purposes.

I think this is good advise. Especially the part of him visiting you there.

Good luck to you guys.

Lisa

[Mike1976 0]

was he married b4? if yes how long he remained single before meeting you? were you married before? how long you remained single till you met your new spouse?

I think it dosen't matter how long he or she remind singel after pervious marriage. i divorced my ex and got married 2 monthes after that to my current wife. and still waiting for approval on her I-130

[ninjarocket 1]

It sounds to me that before re-filing, you and your petitioner need to decide whether you can satisfy the minimum requirements for a viable relationship. If your husband never went to visit you during the entire k3 application process and still isn't planning to visit you, then there is neither any point to an appeal or a re-file.

I was trying to look for the thread about this case somewhat similar to yours. She was asked to come back for second interview. The story goes like this...

She entered US using K1 visa. But when she was there, she did not see her fiancee (the one who petitioned her), did not marry the fiancee and ended up maximizing her 90-day stay. She stayed with the Aunt. Then she met someone else. But the difference was they did not get married. She went back to Philippines and her new boyfriend filed K1 petition for her. She said she had a hard time during her interview. The consul accused her of using K1 visa to go to US so she can work there. In short, it was for immigration purpose. She was asked to come back for another interview. I wonder where she is now...no news or update from her.

Actually for me we consulted the immigration lawyer before we got married, maybe the reason why i got denied due to the documents presented, as far as i know K-1 is for 1 entry only...

[steveee 0]

It sounds to me that before re-filing, you and your petitioner need to decide whether you can satisfy the minimum requirements for a viable relationship. If your husband never went to visit you during the entire k3 application process and still isn't planning to visit you, then there is neither any point to an appeal or a re-file.

I was trying to look for the thread about this case somewhat similar to yours. She was asked to come back for second interview. The story goes like this...

She entered US using K1 visa. But when she was there, she did not see her fiancee (the one who petitioned her), did not marry the fiancee and ended up maximizing her 90-day stay. She stayed with the Aunt. Then she met someone else. But the difference was they did not get married. She went back to Philippines and her new boyfriend filed K1 petition for her. She said she had a hard time during her interview. The consul accused her of using K1 visa to go to US so she can work there. In short, it was for immigration purpose. She was asked to come back for another interview. I wonder where she is now...no news or update from her.

Actually for me we consulted the immigration lawyer before we got married, maybe the reason why i got denied due to the documents presented, as far as i know K-1 is for 1 entry only...

Thanks a lot mike 2007, maybe your suggestions is the best one..... actually his reading also from this website his learning a lot too, we just talk today and he said his having an appointment to another immigration lawyer this coming wednesday so after that where going to plan what to do next and which way will be much better, if ever that he cant able to visit me this coming christmas break because he need to have a surgery, where planning if ever that we decided to refile, he will going to set a vacation to go with me at my interview next time.... i think the first thing where going to do is to change my name to all my documents instead using my maiden name....maybe thats the one factor why i got denied because i used my maiden name in our petition also with my passport.... i learned from our mistakes so we need to be careful next time and be prepare!!! thank you guys.....

[steveee 0]

was he married b4? if yes how long he remained single before meeting you? were you married before? how long you remained single till you met your new spouse?

I think it dosen't matter how long he or she remind singel after pervious marriage. i divorced my ex and got married 2 monthes after that to my current wife. and still waiting for approval on her I-130

Actually where both never been married....

[DanielParul 50]

was he married b4? if yes how long he remained single before meeting you? were you married before? how long you remained single till you met your new spouse?

I think it dosen't matter how long he or she remind singel after pervious marriage. i divorced my ex and got married 2 monthes after that to my current wife. and still waiting for approval on her I-130

Actually, in this case it probably did matter because she was already in the US on a K1 visa and did not marry the petitioner and ended up marrying someone else who she probably met during the 90 days.

To the OP, I think you have got the best advice already from mike_2007. Just follow it and build a case and collect all the ppwk and have your husband visit you in PI and file for another visa. All the best