K1 Visa denial

[bryonm4 0]

Can't you get married in another country near where she lives?

I was hoping we could do it in China but she doesnt think we can do that since she was born and raised in Vietnam, I need to find a decent attrorney I think

[bryonm4 0]

I'm 43 and my gf is form Vietnam she is 42. We are true solemates. I only made 1 trip to Vietnam for 2 weeks and I was planning on taking another trip when she got the visa so I could fly back with her however they said it was not a bonafide relationship that it was a scam 221 (g). That was on November 28th 2008. I got my 2 senators house rep involved they all 3 sent something to the consulate in HCMC however they recieved replys that it was sent back and closed in there office. One of the case workers for one of the senators said it was not in the diplomatic pouch that it had been sent back as congressional mail because of the senators appeal and she thinks we will get a new interview in Jan or Feb because it will take a different path. She has never helped appeal one before so I am skeptical. The other case worker that works for the other senator says it will get back to the California service center very fast however it will sit there for 2 years or longer before they look at it because he is helping appeal other cases. He also told me the only way to get them expedited is if it was because of national security or life and death situation. If they could speed it up for any other reasons then everybody would contact there senators to get them pushed threw quicker. He did say one good thing and that they are easy to get overturned and they then send them back again to the consular with the recomendation to issue the visa but she still has to go threw another interview.

My girlfriend and lawyer want me to go over there and marry her and file for the K3 visa but here is the problem my job will not give me the time off from work for the 45 days I would have to spend over there to get married. So I would have to quit my job. Is it possible to file a new K1 visa and get it approved? My gf is fluent in cantonise and her english and vietnamise is not that strong so they didn't understand some of the awnser. I found out you could get a cantonise translator she was also very nervouse at the interview. I also plan on traveling out to see her one more time and if she gets that second interview I will travel out for that as well for a total of 3 times I think that will help us since they listed on the denial that I only came out there 1 time. I would also be brining a recomendation letter from my case workers that work for the senators.

The appeal could take 2 years and we want to try and have a child while she still can can. I have read several of the messages on this board and would like some helpfull advice. I spent 3K on the lawyer but he does not return my phone calls anymore to give advice he wants some more money. I don't have much more money left and I would rather spend what little money I have on lawyer that has decent advise. I am going to be working 2 jobs to pay for a new lawyer but I don't have a big lump sum of money I can give them now.

The other option is to move to HCMC and find a job I would live poor but at least we would have each other. I would have to sell my house and give up a decent job.

Not the best time to think about having a child. If something should happen to you your lady would be "hung out to dry"!! The kid could be a US citizen but would still be stuck in Vietnam with moms until old enough to travel on his own.

LOTS of K1 people have been approved with only one trip. However multiple trips are becoming more and more of a plus.

Being denied for a lack of a bona fide relationship is a tough one to get turned around. Been there, done that with NO luck.

It's a little late to make more trips.

I was told that more trips always help in an appeal or even if I refile for a new visa being it a K1 or K3. In your appeal did the USCIS deny it or did it go back for a second interview and was it denied there?

Denied and sent back to USCIS. I cancelled the visa and after awhile married and did a spouse visa later. Different lady tho.

So if you would have persued it maybe you would have won it.

I don't think I could go on with my life without Tran we are totally devoted to each other. She has never had a boyfriend and I have not had a gf in over 10 years. She helped me get over my moms death from stomach cancer and other tough times in my life. She said she would wait for me forever and I her. The only thing thats stopping me from going over there now is I can only make 50 cents a day doing labor our of her home she lives in with 12 other people and I cannot support us on that. My dad also has Macular Degeneration since the stock market crashed he lost most of his retirement so I am also trying to take care of him at the same time. If I leave he might end up in a home and die broken hearted.

I can get a second part time job and make enough money to hire a lawyer however I'm worried about bogus advice again and I might only have 1 chance left and I want to make it a good one.

[Dakine 26]

I'm 43 and my gf is form Vietnam she is 42. We are true solemates. I only made 1 trip to Vietnam for 2 weeks and I was planning on taking another trip when she got the visa so I could fly back with her however they said it was not a bonafide relationship that it was a scam 221 (g). That was on November 28th 2008. I got my 2 senators house rep involved they all 3 sent something to the consulate in HCMC however they recieved replys that it was sent back and closed in there office. One of the case workers for one of the senators said it was not in the diplomatic pouch that it had been sent back as congressional mail because of the senators appeal and she thinks we will get a new interview in Jan or Feb because it will take a different path. She has never helped appeal one before so I am skeptical. The other case worker that works for the other senator says it will get back to the California service center very fast however it will sit there for 2 years or longer before they look at it because he is helping appeal other cases. He also told me the only way to get them expedited is if it was because of national security or life and death situation. If they could speed it up for any other reasons then everybody would contact there senators to get them pushed threw quicker. He did say one good thing and that they are easy to get overturned and they then send them back again to the consular with the recomendation to issue the visa but she still has to go threw another interview.

My girlfriend and lawyer want me to go over there and marry her and file for the K3 visa but here is the problem my job will not give me the time off from work for the 45 days I would have to spend over there to get married. So I would have to quit my job. Is it possible to file a new K1 visa and get it approved? My gf is fluent in cantonise and her english and vietnamise is not that strong so they didn't understand some of the awnser. I found out you could get a cantonise translator she was also very nervouse at the interview. I also plan on traveling out to see her one more time and if she gets that second interview I will travel out for that as well for a total of 3 times I think that will help us since they listed on the denial that I only came out there 1 time. I would also be brining a recomendation letter from my case workers that work for the senators.

The appeal could take 2 years and we want to try and have a child while she still can can. I have read several of the messages on this board and would like some helpfull advice. I spent 3K on the lawyer but he does not return my phone calls anymore to give advice he wants some more money. I don't have much more money left and I would rather spend what little money I have on lawyer that has decent advise. I am going to be working 2 jobs to pay for a new lawyer but I don't have a big lump sum of money I can give them now.

The other option is to move to HCMC and find a job I would live poor but at least we would have each other. I would have to sell my house and give up a decent job.

Not the best time to think about having a child. If something should happen to you your lady would be "hung out to dry"!! The kid could be a US citizen but would still be stuck in Vietnam with moms until old enough to travel on his own.

LOTS of K1 people have been approved with only one trip. However multiple trips are becoming more and more of a plus.

Being denied for a lack of a bona fide relationship is a tough one to get turned around. Been there, done that with NO luck.

It's a little late to make more trips.

I was told that more trips always help in an appeal or even if I refile for a new visa being it a K1 or K3. In your appeal did the USCIS deny it or did it go back for a second interview and was it denied there?

Denied and sent back to USCIS. I cancelled the visa and after awhile married and did a spouse visa later. Different lady tho.

So if you would have persued it maybe you would have won it.

I don't think I could go on with my life without Tran we are totally devoted to each other. She has never had a boyfriend and I have not had a gf in over 10 years. She helped me get over my moms death from stomach cancer and other tough times in my life. She said she would wait for me forever and I her. The only thing thats stopping me from going over there now is I can only make 50 cents a day doing labor our of her home she lives in with 12 other people and I cannot support us on that. My dad also has Macular Degeneration since the stock market crashed he lost most of his retirement so I am also trying to take care of him at the same time. If I leave he might end up in a home and die broken hearted.

I can get a second part time job and make enough money to hire a lawyer however I'm worried about bogus advice again and I might only have 1 chance left and I want to make it a good one.

"So if you would have persued it maybe you would have won it."

I doubt it as bottomline we didn't have that much of a bona fide relationship. Wasn't a scam and my senator and I fought it as much as possible at the embassy before they sent it back to the USCIS. It's very difficult to reverse the "lack of bona fide relationship".

Just wondered how you and your fiancee communicated if she didn't speak enough English and needed a translator? Doesn't sound like she knew much about you.

[Dakine 26]

If you do go for marriage and a spouse visa you guys have to make it your jobs proving a bona fide marriage. LOTS of wedding and trip pictures. GOOD daily communication records. Life insurance policy, joint bank account, money receipts, as many trips as possible, get her working on learning English.

I did all of those plus a trust when wife was still in the Philippines.

Worked for us!

Edited December 14, 2008 by Haole

[bryonm4 0]

I'm 43 and my gf is form Vietnam she is 42. We are true solemates. I only made 1 trip to Vietnam for 2 weeks and I was planning on taking another trip when she got the visa so I could fly back with her however they said it was not a bonafide relationship that it was a scam 221 (g). That was on November 28th 2008. I got my 2 senators house rep involved they all 3 sent something to the consulate in HCMC however they recieved replys that it was sent back and closed in there office. One of the case workers for one of the senators said it was not in the diplomatic pouch that it had been sent back as congressional mail because of the senators appeal and she thinks we will get a new interview in Jan or Feb because it will take a different path. She has never helped appeal one before so I am skeptical. The other case worker that works for the other senator says it will get back to the California service center very fast however it will sit there for 2 years or longer before they look at it because he is helping appeal other cases. He also told me the only way to get them expedited is if it was because of national security or life and death situation. If they could speed it up for any other reasons then everybody would contact there senators to get them pushed threw quicker. He did say one good thing and that they are easy to get overturned and they then send them back again to the consular with the recomendation to issue the visa but she still has to go threw another interview.

My girlfriend and lawyer want me to go over there and marry her and file for the K3 visa but here is the problem my job will not give me the time off from work for the 45 days I would have to spend over there to get married. So I would have to quit my job. Is it possible to file a new K1 visa and get it approved? My gf is fluent in cantonise and her english and vietnamise is not that strong so they didn't understand some of the awnser. I found out you could get a cantonise translator she was also very nervouse at the interview. I also plan on traveling out to see her one more time and if she gets that second interview I will travel out for that as well for a total of 3 times I think that will help us since they listed on the denial that I only came out there 1 time. I would also be brining a recomendation letter from my case workers that work for the senators.

The appeal could take 2 years and we want to try and have a child while she still can can. I have read several of the messages on this board and would like some helpfull advice. I spent 3K on the lawyer but he does not return my phone calls anymore to give advice he wants some more money. I don't have much more money left and I would rather spend what little money I have on lawyer that has decent advise. I am going to be working 2 jobs to pay for a new lawyer but I don't have a big lump sum of money I can give them now.

The other option is to move to HCMC and find a job I would live poor but at least we would have each other. I would have to sell my house and give up a decent job.

Not the best time to think about having a child. If something should happen to you your lady would be "hung out to dry"!! The kid could be a US citizen but would still be stuck in Vietnam with moms until old enough to travel on his own.

LOTS of K1 people have been approved with only one trip. However multiple trips are becoming more and more of a plus.

Being denied for a lack of a bona fide relationship is a tough one to get turned around. Been there, done that with NO luck.

It's a little late to make more trips.

I was told that more trips always help in an appeal or even if I refile for a new visa being it a K1 or K3. In your appeal did the USCIS deny it or did it go back for a second interview and was it denied there?

Denied and sent back to USCIS. I cancelled the visa and after awhile married and did a spouse visa later. Different lady tho.

So if you would have persued it maybe you would have won it.

I don't think I could go on with my life without Tran we are totally devoted to each other. She has never had a boyfriend and I have not had a gf in over 10 years. She helped me get over my moms death from stomach cancer and other tough times in my life. She said she would wait for me forever and I her. The only thing thats stopping me from going over there now is I can only make 50 cents a day doing labor our of her home she lives in with 12 other people and I cannot support us on that. My dad also has Macular Degeneration since the stock market crashed he lost most of his retirement so I am also trying to take care of him at the same time. If I leave he might end up in a home and die broken hearted.

I can get a second part time job and make enough money to hire a lawyer however I'm worried about bogus advice again and I might only have 1 chance left and I want to make it a good one.

"So if you would have persued it maybe you would have won it."

I doubt it as bottomline we didn't have that much of a bona fide relationship. Wasn't a scam and my senator and I fought it as much as possible at the embassy before they sent it back to the USCIS. It's very difficult to reverse the "lack of bona fide relationship".

Just wondered how you and your fiancee communicated if she didn't speak enough English and needed a translator? Doesn't sound like she knew much about you.

We talk about 15 hours a week face to face video with yahoo messenger sype and msn messinger. I have grown to understand her english my senator wrote a very convincing letter and said they werent' that hard to overturn them at the USCIS level but not sure how hard they are to overturn when you get your second interview. I think they might be out to flunk you to show there deciesion was correct in the first place. She has been taking english classes for 2 years. Her english teacher is is vietnamise but I plan to send her to an English teacher from america just couldn't afford it before.

I am sorry it didn't work out for you but if it doesnt work out for us I don't think I can go on without her so spending my money until im broke and moving over there is the last choice I have but I am willing to do it if they will accept me into there country.

[usa_honey 0]

Can't you get married in another country near where she lives?

I was hoping we could do it in China but she doesnt think we can do that since she was born and raised in Vietnam, I need to find a decent attrorney I think

TRY REALLY TO LEARN MORE ENGLISH,AS I AM HERE IN HONGKONG AND AS FAR AS WE KNOW HONGKONG IS A COUNTRY WHERE CANTONESE IS THE MAIN LANGUAGE,BUT TRU THE US EMBASSY HONGKONG WHICH MY INTERVIEW TAKE PLACE...MOST OF THE CONSUL DONT SPEAK CANTONESE,AND EVEN SHE ANSWER IT CORRECTLY ALL THE QUESTIONS BUT THE CONSUL HAD A HARD TIME UNDERSTANDING WHAT SHE IS SAYING THEN USELESS...

[bryonm4 0]

Can't you get married in another country near where she lives?

I was hoping we could do it in China but she doesnt think we can do that since she was born and raised in Vietnam, I need to find a decent attrorney I think

TRY REALLY TO LEARN MORE ENGLISH,AS I AM HERE IN HONGKONG AND AS FAR AS WE KNOW HONGKONG IS A COUNTRY WHERE CANTONESE IS THE MAIN LANGUAGE,BUT TRU THE US EMBASSY HONGKONG WHICH MY INTERVIEW TAKE PLACE...MOST OF THE CONSUL DONT SPEAK CANTONESE,AND EVEN SHE ANSWER IT CORRECTLY ALL THE QUESTIONS BUT THE CONSUL HAD A HARD TIME UNDERSTANDING WHAT SHE IS SAYING THEN USELESS...

Somebody said you could request a cantonise translator but I doubt that, I think you can do it in English or Vietnamise. I truley think I could get the appeal overturned at the USCIS however it will take longer than 2 years to find that out and that will be very hard to go that long without her.

[Dakine 26]

If you do another petition I wouldn't get a attorney. You should know what you have to do to establish a bona fide relationship. The legal part wasn't your problem. Save the money for phone calls and trips. Chat records, emails are good but can be faked easily. AT+T phone records not so easy .

I open a AT+T international account specifically for "the record". Made it my job to call almost once a day for a short call. For long calls I used phone cards.

Phone records, almost daily chat and screen print records and emails were our main communication evidence. They only looked at the phone records.

Interview only took about 5 minutes and she passed.

[bryonm4 0]

If you do another petition I wouldn't get a attorney. You should know what you have to do to establish a bona fide relationship. The legal part wasn't your problem. Save the money for phone calls and trips. Chat records, emails are good but can be faked easily. AT+T phone records not so easy .

I open a AT+T international account specifically for "the record". Made it my job to call almost once a day for a short call. For long calls I used phone cards.

Phone records, almost daily chat and screen print records and emails were our main communication evidence. They only looked at the phone records.

Interview only took about 5 minutes and she passed.

I use pennytalk.com its very cheap the only bad thing is it keeps your records for 2 months or so, by the time we got the lawyer and I went back to pull my records there were hardly any phone calls before I went out to meet her. It doesnt look good for us after reading some of the options posted here but I have to spend my money on a lawyer because I cant do the paperwork on my own and I would forget to do some vital stuff.

I feal guilty just being alive because I know as long as I am she will wait for me and if I wasnt here anymore she could move on with her life. She would hurt for a few months or a year but she could love again.

[Dakine 26]

Maybe you should print out this entire thread and give it to whoever is working on your appeal.

Just a thought.

[JANETandLYLE 11]

I don't want to beat up a dead horse here, but only point out what appears to have possibly happened in your case so we all can learn. After readinf your statement, it appears to me although your fiancee doesn't speak good in the neccesary language needed at the interview, you guys really should have had an interpretor. If she wasn't understanding the questions, you needed an interpretor. Lastly, it sounds from your statement that she wasn't able to answer the questions asked about you and what you do for a living. Not trying to beat you up on this, but my fiancee will go for her interview down the road here, and I want to make sure to be prepared for her sake. Also, apparently, someone at immigration believed you had not shown your case of an ongoing relationship. I don't believe the number of trips made to see her has much to do with it. I've only made one trip, myself. But I have submitted all the documentation to show a genuine relationship. Phone bills, letters, cards, emails, copies of online texting. Pictures of us together, passport stamps, engagement ring receipt, hotel records of stay with both names listed, etc. I tried to gather all i could although in the beginning I never kept any phone records. I couldn't forsee the future and the relationship getting to a point of marriage. Good luck my friend.

[bryonm4 0]

I don't want to beat up a dead horse here, but only point out what appears to have possibly happened in your case so we all can learn. After readinf your statement, it appears to me although your fiancee doesn't speak good in the neccesary language needed at the interview, you guys really should have had an interpretor. If she wasn't understanding the questions, you needed an interpretor. Lastly, it sounds from your statement that she wasn't able to answer the questions asked about you and what you do for a living. Not trying to beat you up on this, but my fiancee will go for her interview down the road here, and I want to make sure to be prepared for her sake. Also, apparently, someone at immigration believed you had not shown your case of an ongoing relationship. I don't believe the number of trips made to see her has much to do with it. I've only made one trip, myself. But I have submitted all the documentation to show a genuine relationship. Phone bills, letters, cards, emails, copies of online texting. Pictures of us together, passport stamps, engagement ring receipt, hotel records of stay with both names listed, etc. I tried to gather all i could although in the beginning I never kept any phone records. I couldn't forsee the future and the relationship getting to a point of marriage. Good luck my friend.

The thing is she awnsered all the questions correclty but they didn't understand her well enough. I feel we will be waiting for each other until one of us dies so we might never make it together. Excpet for the 2 weeks of vacation I get every year to go and see her. I can never walk away from her

[bonaprixo 0]

I am just curious to know how you communicate with your girlfriend if her English is not that good ? I am assuming you know her Language well and you both communicate more using her language else if not then any body reading your story will easily make the conclusion although incorrect that your marriage is a SHAM even though its not..Thats how this Consulate officers usually reason .... ..I know love has no barriers but again your gf suffering from some English deficiency may have cost her own down fall with the Interview

Depends on what was on the denial letter you may be REQUIRED to address the denial before attemting to do another visa.

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

I have seen many simply marry and file for a spousal visa and get the visa without an issue.

I did find that quote from Marc Ellis he stated to appeal or file a waver. I don't know how long the waver takes but the appeal could take 2 or more years. If she gets a new K1 visa from the waver would they make the interview harder?

Here is what my denial says

The consulate general is unable to issue a visa to you because you have been found ineligible under the following sections of the US immigration and natinality act as amended

section 221 (g) of the act prohibits the issuance of a visa to anyone who has failed to present the documentations required in connection with the visa application or who has failed to submit sufficient credible evidence to support the claimed petitionable relationship. The following remarks apply in your case

Consular officers applys a reasonable person standard when evaluating the bona fides of claimed spoiusal and fience releationships (9 FAM 42.43 N2.2 (3)) in the present case,

Petitioner has only visted beneficiary once and has not returned since december 2007

In contras to Vietnamise social and cultural norms which mandate a lenghty and careful period of pre-nuptiual arrangements, Petitioner and beneficiary became engaged wihin two weeks of meeting

Beneficiary is unaware of basic facts of petitioners occupational background(current or previous occupation, employment/income source and or other basic facts). For example beneficiary was unaware of the petitioners occupation

B eneficiary is unaware of basic facts of the petitioners educational background ( i.e.level of education, principle course of study for advanced schooling where scholling took place, ect) For exapmle although the petitioner refered to a discussion between him and the beneficiary about coming to Vietnam after the petitioner finshed college in a notorized chronology of the relationship in the interview the beneficary did not know where the petitioner is going to college.

Thes facts are ascertained by consular officers would convice a reasonable person that the claimed relationship is a sham entered into solely for immigrantion pruposes and to evade immigration laws. Therefore pursuant to 9 FAM 41.81 N6.5 the reviewing officer has decided that the petion should be returned to the US citizenship and immicgration services (USCIS) with the recommendation that it be revoked. The case will next be reviewed by the immigrant visa chief and will be retunred to USCISfor review and possible revocation upon his concurrence with the reviewing officers decision. When USCIS recieves the returned petition they will contact the petitioner who will have an opportunity to rebut consular findings concerning this case. If USCIS revokes the petion beneficary will become inelligalbe for a visa under section 212(a)(6)©(i) of the act

Please turn in the requeted items with the form at window 1 between 1 pm and 2pm monday - friday

Warning if you fail to take the action requested or fail to present additional evidence suffcient to overome your visa denial under section 221(g) of the immigration and nationality act within one year of the date of your interview, section 203(g0 of the act requires that your application be cancelled

Thank you for providing the details of the 221g denial. I don't see the Consulate changing their decision. Lack of preparation for the interview is water under the bridge but unfortunately it happens quite often.

My recommendation is to arrange to marry and file for a spouse visa, a CR1 though, not a K3. A speedy result is no longer a possibility, IMO so considering there are financial issues, I don't see a point in pursuing a K3 visa. To do this take what it takes. Accomplishing marriage will add to the bona fides as will proper interview preparation but I would also recommend at least one more visit between the marriage and the visa interview. Being apart a year without visits doesn't speak well for the bona fides particularly in HCMC, where high fraud and cultural issues weigh heavily on visa decisions.

Do heed the advice of Marc Ellis with regard to your K1 case though.

Thanks for the advice. Im not sure I can stay there 45 days to get married it might cost me my job. Im not sure how long the CR1 will take but if I marry her I would also travel out there for the visa interview but I don't know if I could take a trip between the wedding and the visa interview since I only get 2 weeks off a year. I work at a government job I know they give you time off for having a baby a leave of absense but not sure if they will do that for marriage I can check on it. Would I have to do the waver if I do the CR1 since the consular will not interview her with the denial on file?

I have emailed Marcus he wanted 100$ for a consult but he wanted me to send my gf to his office. The problem is her english is not that good and I need specific awnsers to about 10 questions so I emailed him to see if I could do the consult with him over the phone I would call him and pay him the 100 but he has not gotten back to me on it yet.

[bryonm4 0]

I am just curious to know how you communicate with your girlfriend if her English is not that good ? I am assuming you know her Language well and you both communicate more using her language else if not then any body reading your story will easily make the conclusion although incorrect that your marriage is a SHAM even though its not..Thats how this Consulate officers usually reason .... ..I know love has no barriers but again your gf suffering from some English deficiency may have cost her own down fall with the Interview

Well I am learning her language her english level is that of a 4 year olds but it is getting better. I have been sending her to english classes as well. The people that questioned her spoke at a speed she had a hard time then they brought somebody that spoke veitnamise out and she could understand better however her vietnamise is only a little better than her english.

Depends on what was on the denial letter you may be REQUIRED to address the denial before attemting to do another visa.

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

I have seen many simply marry and file for a spousal visa and get the visa without an issue.

I did find that quote from Marc Ellis he stated to appeal or file a waver. I don't know how long the waver takes but the appeal could take 2 or more years. If she gets a new K1 visa from the waver would they make the interview harder?

Here is what my denial says

The consulate general is unable to issue a visa to you because you have been found ineligible under the following sections of the US immigration and natinality act as amended

section 221 (g) of the act prohibits the issuance of a visa to anyone who has failed to present the documentations required in connection with the visa application or who has failed to submit sufficient credible evidence to support the claimed petitionable relationship. The following remarks apply in your case

Consular officers applys a reasonable person standard when evaluating the bona fides of claimed spoiusal and fience releationships (9 FAM 42.43 N2.2 (3)) in the present case,

Petitioner has only visted beneficiary once and has not returned since december 2007

In contras to Vietnamise social and cultural norms which mandate a lenghty and careful period of pre-nuptiual arrangements, Petitioner and beneficiary became engaged wihin two weeks of meeting

Beneficiary is unaware of basic facts of petitioners occupational background(current or previous occupation, employment/income source and or other basic facts). For example beneficiary was unaware of the petitioners occupation

B eneficiary is unaware of basic facts of the petitioners educational background ( i.e.level of education, principle course of study for advanced schooling where scholling took place, ect) For exapmle although the petitioner refered to a discussion between him and the beneficiary about coming to Vietnam after the petitioner finshed college in a notorized chronology of the relationship in the interview the beneficary did not know where the petitioner is going to college.

Thes facts are ascertained by consular officers would convice a reasonable person that the claimed relationship is a sham entered into solely for immigrantion pruposes and to evade immigration laws. Therefore pursuant to 9 FAM 41.81 N6.5 the reviewing officer has decided that the petion should be returned to the US citizenship and immicgration services (USCIS) with the recommendation that it be revoked. The case will next be reviewed by the immigrant visa chief and will be retunred to USCISfor review and possible revocation upon his concurrence with the reviewing officers decision. When USCIS recieves the returned petition they will contact the petitioner who will have an opportunity to rebut consular findings concerning this case. If USCIS revokes the petion beneficary will become inelligalbe for a visa under section 212(a)(6)©(i) of the act

Please turn in the requeted items with the form at window 1 between 1 pm and 2pm monday - friday

Warning if you fail to take the action requested or fail to present additional evidence suffcient to overome your visa denial under section 221(g) of the immigration and nationality act within one year of the date of your interview, section 203(g0 of the act requires that your application be cancelled

Thank you for providing the details of the 221g denial. I don't see the Consulate changing their decision. Lack of preparation for the interview is water under the bridge but unfortunately it happens quite often.

My recommendation is to arrange to marry and file for a spouse visa, a CR1 though, not a K3. A speedy result is no longer a possibility, IMO so considering there are financial issues, I don't see a point in pursuing a K3 visa. To do this take what it takes. Accomplishing marriage will add to the bona fides as will proper interview preparation but I would also recommend at least one more visit between the marriage and the visa interview. Being apart a year without visits doesn't speak well for the bona fides particularly in HCMC, where high fraud and cultural issues weigh heavily on visa decisions.

Do heed the advice of Marc Ellis with regard to your K1 case though.

Thanks for the advice. Im not sure I can stay there 45 days to get married it might cost me my job. Im not sure how long the CR1 will take but if I marry her I would also travel out there for the visa interview but I don't know if I could take a trip between the wedding and the visa interview since I only get 2 weeks off a year. I work at a government job I know they give you time off for having a baby a leave of absense but not sure if they will do that for marriage I can check on it. Would I have to do the waver if I do the CR1 since the consular will not interview her with the denial on file?

I have emailed Marcus he wanted 100$ for a consult but he wanted me to send my gf to his office. The problem is her english is not that good and I need specific awnsers to about 10 questions so I emailed him to see if I could do the consult with him over the phone I would call him and pay him the 100 but he has not gotten back to me on it yet.

[CandyLovesAhmed 0]

I am just curious to know how you communicate with your girlfriend if her English is not that good ? I am assuming you know her Language well and you both communicate more using her language else if not then any body reading your story will easily make the conclusion although incorrect that your marriage is a SHAM even though its not..Thats how this Consulate officers usually reason .... ..I know love has no barriers but again your gf suffering from some English deficiency may have cost her own down fall with the Interview

i agree. iif she can speak it well ennough to hold a conversation with you then why not them? if she is in the place where she was born then shouldnt there be allot of people who speak the same language?