Action after interview refusal?

[sachinky 464]

Becoming engaged while still married is another red flag. I hope this situation is resolved. Don't rush into anything. Research, ask questions and then decide on the best choice.

[NigeriaorBust 4,087]

True that VSC will reaffirm many petitions where as CSC always expires the K1 when it is returned. It takes a while to get the petition back and any word on it. If you are VSC spend that time gathering more evidence . Show determination and you will be together.

[aghmeiti 0]

honestly, i would give it some months before rushing to get married. like i said earlier, vsc has in 2009 re-affirmed several expired petitions. for the pinned topic: http://www.visajourney.com/forums/index.php?showtopic=3896

WOW! Thank you! it's wonderful topic. I'm going to read all of its content!

I recommend administrator to change its title to be found more easily via search!

Thanks again...

Becoming engaged while still married is another red flag. I hope this situation is resolved. Don't rush into anything. Research, ask questions and then decide on the best choice.

Thanks! I will!

[aghmeiti 0]

True that VSC will reaffirm many petitions where as CSC always expires the K1 when it is returned. It takes a while to get the petition back and any word on it. If you are VSC spend that time gathering more evidence . Show determination and you will be together.

Thanks, sure! We will gather more evidences! Although my fiancee is very busy with her job, but I think it's not a bad idea to ask her to come here, so that after 2 years, we can visit eachother once more ((( I really missed her and I can't take it to be apart from eachother for 1 more year (((((((((

[minatours 0]

First of all, I want to appreciate your wonderful information here at vj. It helped us a lot.

After a long and frustrating wait since we started to file a petition on April 2009, I was interviewed couple days ago. First, an officer took my passport, 131$ bank receipt, Medical package, 2 photos, and bunch of emails, post cards, phone records, photos as evidence of ongoing relationship. From the common review here and throughout the internet, I expected to be treated nicely at the time of interview, but unfortunately, I was interviewed by a middle-age Caucasian woman talking not so nicely. Anyway, after taking oath, she started asking me some Qs:

- What is your job? I'm a ....

- How did you meet your fiancée? Through a mutual friend. His name is ...

- How long do you know each other? Since late Oct 2007.

- When did you engage? Jun 17, 2008.

- Did you know that your fiancée had a husband? Yes I did. But her ex-husband abandoned her at 2006 to go to LA.

- When did she get divorced? Sept 19, 2008.

- Why did you become engaged knowing she had still a husband? Her ex-husband spent a while to become resident of LA in order to start processing of divorce. Moreover, this process took time because they were living in 2 separate states. But we both know they were at the process of divorce.

She started, I don't know, searching or typing something. Then, she told me your relation was not identified and she gave me red paper stating "return to NVC"!! I was damn shocked!!!!! She didn't even ask me about our relation and how long we have been together! We were living for at least 8 months under a roof. We love each other and as we knew that the process of k1 takes a bit shorter than k3, we came to decision not to get married on my country. We are still shocked, so does our lawyer! She had told us, our case is very easy and straight forward with lots of powerful documents showing our relationship is real! After hearing such horrible thing happened, she instantly sent an email to the consulate asking the reason. They replied the same. She had even stated at her email that becoming engaged before divorce is not illegal!

I need some recommendations regarding following Qs. Your kind answers are greatly appreciated.

1- Which option has higher chance of approval? Waiting for our package sent back to USCIS for further evidence and reaffirmation, or my fiancée travels to my country and we get married and then we start k3 process?

2- Which option takes shorter time?

3- I heard a rumor regarding k1 will be banned soon for all Iranian applicants. However, all k1s were rejected since 2-3 weeks ago at Ankara without any sensible reason! Is that possible?

4- How long each option takes regularly? Our service center is Vermont.

5- What should we do to show our love and what kind of evidence is needed? I gathered all of our emails (2-3 emails per day), phone records (almost every day and all weekends) and our photos showing we lived and traveled together and our engagement ceremony. What else do they need?????

6- What can our lawyer do in this stage and when package returned to USCIS?

7- With what I explained above, what's the possibility of approval with k1 after reaffirmation?

I know it's a lot of questions, but pleaseeeeeeeeeee help us. We are really devastated. We can't stop crying since that damn day and even can't think logically (((((((((

I am sorry to inform you that but the consular has the right to send the petiton back to america cause your finacee was married at the same time when she was engaged to you and her divorce wasnt final you lawyer should known better your only exit you guys get married and file a new petition other wise you wasting your time good luck

[aghmeiti 0]

I am sorry to inform you that but the consular has the right to send the petiton back to america cause your finacee was married at the same time when she was engaged to you and her divorce wasnt final you lawyer should known better your only exit you guys get married and file a new petition other wise you wasting your time good luck

Thank you for your suggestion, but as I mentioned, our Lowery wrote an email promptly and told consulate that being engaged while you are married is not illegal!

Another reason that I post this topic is to come to a decision what to to with this special circumstance. Some friends suggested me to wait for package sent back to USCIS and ask the actual reason. Somebody suggested to refile a new petition with more evidences and you and someothers recommend me to get married. I'm going to share what our lawyer suggested us:

1. We are just concerned whether the 2 to 4 month is for our file to come back to the States, or is it for the whole process???

Generally it takes 2 to 4 months for the petition to just be returned to the United States. The timing is more uncertain on these matters. But it should not take more than 6 months to be returned to the US.

2.Do you think If we continue with the process of K1, the chance for us to succeed is higher than we start with K3 petition???

A denial on a K1 could negatively impact a K3 visa petition. A spousal visa has no more likelihood of issuance than a fiancée visa.

3. There was a rumor in Ankara while my fiance was there that they were thinking of removing Fiance visa from Immigration services for Iranians, Have you heard anything about that??? and what if we continue with K1 process is it possible that they remove this process while we are waiting to get another interview from the consulate???

I haven’t heard anything about this, but I can keep an ear open for it. For at least the time being, Iranian applicants must process through Ankara in Turkey because, with respect to visa processing, Iran is “orphaned.”

4. What was the reason that they were rejecting all the fiance visa cases in Ankara except the case that the petitioner was present??? do you believe that if I were present with my fiance they would not have rejected our case???

Consulates are strange. I don’t know why they rejected all applicants who did not have their petitioner present. There is no requirement that a petitioner be present at the interview, but it’s always a good idea. But for all technical purposes, they have no legal grounds to deny solely based on the petitioner’s absence.

5. Would you like us to provide you with the paper that shows when the divorce process for me started??? According to my fiance's responses, he had to explain to the officer that we were waiting for divorce to be finalized when we got engaged.

That will not be necessary. I explained to the embassy myself that the engagement occurred while you were waiting for your divorce, and that there is no prohibition against becoming engaged while a divorce is pending. They still would not accept.

6- I am wondering whether it is good option to wait again for whole this process again or make our relation more legal by getting married and of course wait more to definitely approve our case? Would you please give us some advices regarding timetable for both options and in which process we have higher chance to make our life started?

the chief lawyer suggested you wait until the petition is returned to the US so that we could rebut the consulate’s findings that your relationship is not sincere. If you marry, it would invalid the K1 visa petition and we would have to start from scratch. As mentioned above, upon re-filing, there is a possibility that the denial on the K1 will have a negative impact on the K3. So if I were you, I would wait. We will continue to fight this to the best of our ability before doing a re-file. As for timetable, the timing of return and revocation is uncertain, but the whole process back to the embassy could be around 6 months to one year. A re-file, though risky, is 5 to 7 months.

OK? so What WE HAVE TO DO?????????????????????????

[Justine+David 218]

Doesn't your lawyer know that you cannot file for a K3 anymore? USCIS has closed this path since 02/01/10...instead you can file a CR1

Sorry for your denial ; wishing you the best of luck to fight it and be with your loved one.

[aghmeiti 0]

Doesn't your lawyer know that you cannot file for a K3 anymore? USCIS has closed this path since 02/01/10...instead you can file a CR1

Sorry for your denial ; wishing you the best of luck to fight it and be with your loved one.

Really?????????? I don't think she knows it!! Do you recommend CR1 for our particular case?

Thanks for your sympathy and nice wishes ...

[Justine+David 218]

I am by no means a lawyer and can only offer what I have read on other people's cases and on reading VJ in general.

Figure out exactly why they denied you because you have to overcome that reason...if it was questionable bonafide relationship, maybe you should visit Iran or him visit you or meet each other in another country if the first two paths are unavailable.

Gary states that you should re-file a K1 because there is a chance you could be denied again and the subtext I read (could be wrong Gary ) here is that you don't want to be stuck in a marriage where you can't be together versus a K1 you aren't legally bound until you get married.

Do some soul-searching with you and your fiance. Are you guys prepared to wait half a year to another year to maybe more to be together? Are you sure about this?

I would:

1) Read everything there is in the MENA forum

2) File the paperwork yourself and have the lawyer consult because of the complicated case, but don't let them do the paperwork because they generally take forever to get things done; nobody will care as much about your petition as you do. As long as you file the guides to VJ (located at the top of the forum) and ask questions of everyone, you should be able to file correctly. The lawyer is there to help out at the embassy level if you want it or filing waivers...

3) Contact your senator/house of reps folks to ask what they can do for you in your case. They can't approve cases, but they can find out information that you don't necessarily have about your case

A CR1 is a marriage visa and allows him to get a greencard (able to work and leave the USA) as soon as he gets the visa

A DCF requires you to live in a foreign country with him for >6 months to achieve residency and is generally much faster

Good luck however you choose...

Edited February 13, 2010 by Justine+David

[sachinky 464]

And also to add: a RED FLAG is not the same thing as being illegal. Of course, it's not "illegal" to get engaged while you're still legally married to someone else but yes, it is a "red flag" meaning reasonable doubts/suspicion.

[DanniandMary 1]

And also to add: a RED FLAG is not the same thing as being illegal. Of course, it's not "illegal" to get engaged while you're still legally married to someone else but yes, it is a "red flag" meaning reasonable doubts/suspicion.

Does anybody have any suggestions on overcominng the red flags we have put up and overcoming reasonable doubts/suspiction???? There are many people being denied now, my husband and I are one, and we need to know what to do to show that we have a relationship. We have the usual daily chatting, emails, pics, health insurance, life insurance, visits, yada yada yada......we met in December 2008, my divorce was final in January and we met in person and got married in March 2009. I am sure this is a big red flag and we did not even think about it at the time. Anybody got suggestions on overcoming these things so we can get approved and be together? By the way, my husband and I were denied on CR1. Thanks and maybe this will help the poster and many others too!

[aghmeiti 0]

I am by no means a lawyer and can only offer what I have read on other people's cases and on reading VJ in general.

Figure out exactly why they denied you because you have to overcome that reason...if it was questionable bonafide relationship, maybe you should visit Iran or him visit you or meet each other in another country if the first two paths are unavailable.

Gary states that you should re-file a K1 because there is a chance you could be denied again and the subtext I read (could be wrong Gary ) here is that you don't want to be stuck in a marriage where you can't be together versus a K1 you aren't legally bound until you get married.

Do some soul-searching with you and your fiance. Are you guys prepared to wait half a year to another year to maybe more to be together? Are you sure about this?

I would:

1) Read everything there is in the MENA forum

2) File the paperwork yourself and have the lawyer consult because of the complicated case, but don't let them do the paperwork because they generally take forever to get things done; nobody will care as much about your petition as you do. As long as you file the guides to VJ (located at the top of the forum) and ask questions of everyone, you should be able to file correctly. The lawyer is there to help out at the embassy level if you want it or filing waivers...

3) Contact your senator/house of reps folks to ask what they can do for you in your case. They can't approve cases, but they can find out information that you don't necessarily have about your case

A CR1 is a marriage visa and allows him to get a greencard (able to work and leave the USA) as soon as he gets the visa

A DCF requires you to live in a foreign country with him for >6 months to achieve residency and is generally much faster

Good luck however you choose...

My dear friend,

As I'm performing soul-search, I just find 2 objection for re-file new k1 petition:

1. What ever the reason(s) for the return are need to be addressed, they will not go away by just filing a new petition.

2. When the consulate returns an approved K1 petition to USCIS, they will put a 212(a)(6)( c )(1) misrepresentation marker, called a “P6C1” marker, or a “quasi-refusal” in the beneficiary’s record. If DHS decides at a later date to revoke that petition, a hard 212(a)6( c )(i) finding can kick in.

Just filing a new petition without the returned petition either being rebutted and reaffirmed, or closed due to the original approval expiration giving the petitioner the option of filing again you will need to deal with this misrepresentation marker which is a very serious matter. If the returned petition is reaffirmed or closed due to the expiration of the original approval then this marker is removed from the beneficiary record.

This is definitely NOT something you want to find out at your new interview...beneficiary not eligible due to the misrepresentation marker. This is a perfect example of why speaking to an experienced immigration attorney before withdrawing a returned petition is essential.

1) I have been doing it since refusal...

2)Wonderful suggestion, because we almost lost 3 months for paperwork with our lawyer! Sure ...

3)My finacee is doing it. I'll let you know the outcome...

Thanks for your concerns and guides

And also to add: a RED FLAG is not the same thing as being illegal. Of course, it's not "illegal" to get engaged while you're still legally married to someone else but yes, it is a "red flag" meaning reasonable doubts/suspicion.

Thanks. I know, but as ChaoukiandApril asked, is there a way to overcome this red flag???

[DanniandMary 1]

I have not found anybody that knows some good advise on how to overcome red flags besides the normal proof which I have. Thanks!

[~kiyah~ 14]

I sent a message to one of knowledgeable members of vj regarding our case. She gave me wonderful advices. Here I want to share. I hope it helps some of you with similar situation.

Thanks to wonderful Kiah..

Just remember that what ever your decision is, it should be a well informed decision. You should understand the consequences of any path you take. Speaking to others who have gone through this process is good, you should be aware of the experiences of others and learn as much as you can.

You absolutely should discuss your case and all details with your attorney, and determine which will be best for your case. Even if you decide to wait out the returned K1, you can get through this as many of us have. Whichever you decide is best for you, I wish you luck!

~kiyah~

[DanniandMary 1]

Thanks for the info!!! That is great advice! We are waiting for NOID from USCIS on our CR1.