we refiled

[Oasis 0]

Since we got a denial at our first interview in Rio de Janeiro we refiled last week.

Check has been cashed so NOA1 is on the way.

What can I expect at the second interview ? We originally got slapped with a 212(A)5(A) supposedly our relationship is not valid but we been together going on 2 years.

Will they ask him even more questions ? Will it be even more difficult ? Has anyone gone thru this ?

Thanks

[ArthurD 0]

You must have some idea what the weak point in your case was. How often did you visit? How's his English? Were you there for the interview? From what I've researched a second attempt shows commitment and is less likely to be denied.

[Oasis 0]

I was at the interview with my truckload of evidence that nobody wanted to look at.

We been together going on 2 years. He lived here in America, until July 2009. I have been to Brazil 3 times since then and one trip lasting 2 months. His english is so so, enough for us to understand eachother..and I also attempted to take portuguese lesssons.

The weakpoint was he talked to much.

[Audy_Rob 26]

Well, I hope you will talk with him and make sure that it is fixed for the next interview.

Did you have the usual types of things for evidence of a relationship. Photos together, email, chat logs, telephone bills showing your telephone calls, a recent trip between the time you file and the time you interview, etc...

[Oasis 0]

Believe me.. I had everything... From every call I made to Brazil, to boarding passes... to our checking account together, transactions in Brazil, lots of pictures, our life insurance policy. This is the proof I brought to the interview. They did not wanted to look at it.. saying we dont have a valid relationship.

[Audy_Rob 26]

It certainly seems like they had found something else or come across some other information and their mind was made up. It just seems like for some reason they believe the relationship was not genuine and was perhaps for immigration fraud.

If there is anything you know of or can think of, it might still be there or still discovered the second time around. You really need to address that issue because it could have been documented in records by the Embassy or Consulate and will not be altered the second time around. It should be a concern.

[Oasis 0]

my fiance said he !@#$ up the interview by talking to much. I told him to short and brief, dont be talking them an ear off. If they want to know more they will ask you another question.

He pretty much said.. that I have my dual citizenshp.. that I cant not live in Brazil and thats the reason he wants to come to America. He just was not thinking before answering and wa just blabbering.

I hope this is not marked in the records.

So now I added ALL this evidence that they did not want to look at in the petition. That way they have it right infront of them.

Edited April 26, 2010 by Oasis

[Kathryn41 3,205]

That was a smart move to front load the petition in this situation. It sounds like they didn't give the application a chance at the interview, so now all of the 'evidence' will be in their hands before hand and it will be much more difficult to deny the validity of the relationship. Good luck to you.

[mrs. wife! 3]

I see you are applying for K1 again. Have you guys thought about getting married and file for CR1?

I've seen people doing this and getting their visas. Of course you still have to prove the validity of the relationship, but maybe a commitment like marriage will be a plus.

[Oasis 0]

Yes we did talk about this.. but I decided to go the way that we started.

My fiance lives at a very remote location in Brazil so getting there to get married right now would be very difficult. It would take 3 days for me just to get there.

I just started a new job around Christmas and already took time off to be at the last interview.

Since the old petition is now "expired" we decided to refile another K1.

There should be no reason for them to deny him now, they have an entire suitcase of evidence in front of them.

What if they refuse to look at the application ? Do they actually go thru the application at the interview ? I dont remember.

Edited April 26, 2010 by Oasis

[Audy_Rob 26]

What if they refuse to look at the application ? Do they actually go thru the application at the interview ? I dont remember.

You do not need to "Front Load" the K-1 petition which is the I-129F. That will probably be ignored at the Consulate where you interview.

You will want to Front Load the interview material at the Consulate which you can do by sending ALL of your evidence of relationship back with the Packet 3 forms used for scheduling an interview assuming that is how your Consulate does it.

So Front Load your Packet 3.

EDITED to add: Good luck.

Edited April 26, 2010 by Audy_Rob

[mrs. wife! 3]

I don't know for sure. Some people say that USCIS/NVC forwards everything to the Consulate.

And some people say they only scan the documents/forms and send the original papers to the CO to give back to the beneficiary at the interview. So I'm not sure.

Hopefully they will forward the whole thing to Brazil and the CO can take a look at it. I'd also recommend that you bring copies of everything you sent them, plus more relationship evidence updated to the next interview.

I wish you good luck! Please keep us updated

edit: I posted at the same time as the person above me. So his advice is even better.

Edited April 26, 2010 by mrs. wife!

[NigeriaorBust 4,087]

Actually it is better to front load the petition itself. The only reason a petition is SUPPOSED to be denied is if they uncover something in the interview that was undisclosed in the petition when it was approved. If you put it all up front then they have less to uncover and issue a denial. Sending in tons of stuff later on won't help the newly discovered aspect of a denial.

[isitasham 1]

I would agree with NigeriaorBust, front loading at the beginning should be helpful. Its up to them if they want to look at each and every piece of evidence or not. Make sure that every deficiency or weakness from your earlier k-1 petition is addressed with supporting evidence in your new petition. One thing you can certainly be asked at the interview is the reason as to why you didn't get married and choose to re-file a k-1. Whatever the answer you should be prepared for it.

Good luck to you.

[TBoneTX 43,020]

Actually it is better to front load the petition itself. The only reason a petition is SUPPOSED to be denied is if they uncover something in the interview that was undisclosed in the petition when it was approved. If you put it all up front then they have less to uncover and issue a denial. Sending in tons of stuff later on won't help the newly discovered aspect of a denial.

This is the correct advice.