K1 Visa Application Revoked

[Ramonbrausa 0]

I recently came back from Rio de Janeiro where my fiancee had such interview and the K1 Visa Application was revoked...(see attachment)I certainly might be able to understand why this happened, i made a few mistakes when submitting the I-129F to USCIS, by ommiting certain facts which i did not believed where necessary at the time i filed the petition... everything's is on my previous post It's Complicated

But the C.O in this case, was more concern with my fiancee's answers to begin with, and my father's past, the questions were horrible, nothing related to "us" as a couple, i was there, but not allowed to go in with her, and the denial was based on the fact that he thought she was seeking immigration benefits, and literally told her "I think you are trying to get a green card" my fiancee and i were married before, when i lived there, we were separated when i left Brazil, but not divorced, i don't know if i wrongfully or logically recently filed for divorce, in order to bring her as my fiancee, because is faster...and maybe this had a significant impact on the C.O's decision, but it's obviously not what he told her...

The denial decision was based on the grounds that the relationship upon which the petition was based, is not genuine and was entered primarily to confer immigration benefits on the beneficiary, now, i guess i must wait for a Notice of Intent to Deny from USCIS or something like that, and i could have the opportunity to present aditional information regarding the validity our relationship, but what i don't have any clue of is how does this really works? perhaps anyone here have heard of a similar case or can point me in the right direction for information, etc.

any help will be gladly appreciated..

Thanks

As for updated information about the process in RDJ, see the Brazilian forum on this site, where i'll be posting more stuff...

[payxibka 10,044]

But the C.O in this case, was more concern with my fiancee's answers to begin with, and my father's past, the questions were horrible, nothing related to "us" as a couple, i was there, but not allowed to go in with her, and the denial was based on the fact that he thought she was seeking immigration benefits, and literally told her "I think you are trying to get a green card" my fiancee and i were married before, when i lived there, we were separated when i left Brazil, but not divorced, i don't know if i wrongfully or logically recently filed for divorce, in order to bring her as my fiancee, because is faster...and maybe this had a significant impact on the C.O's decision, but it's obviously not what he told her...

All of your actions appear to be geared to get your ex-wife (now fiancee) immigration benefits... It is easy to see how the CO concluded what he did.

I do not know where or who told you a fiance(e) visa was faster... it really is not THAT much faster to even consider doing what you did which basically paved the way for the result you received....

[Ramonbrausa 0]

Got it..Thanks...

Next...

[Audy_Rob 26]

Got it..Thanks...

Next...

The application will be returned to uscis through NVC. It could be reaffirmed, they could send an NOID as you stated, in which case you should respons appropriately or most likely, it will be allowed to expire and you will simply receive a notice to that effect.

You must decide what you want to do to proceed, you do not even need to necessarily wait for the USCIS response.

Good luck.

[payxibka 10,044]

Got it..Thanks...

Next...

I don't think you do.... Your fiancee now has a FRAUD marker on her case.... you should seek qualified legal repersentation

[marlea 84]

Sorry, posted on the wrong thread!

Edited July 2, 2010 by marlea

[JimVaPhuong 4,863]

Frankly, I think you got lucky. It sounds like the CO only saw the recent divorce and concluded she obtained the divorce in order to be eligible for a fiancee visa. I doubt he even noticed that you had an overlapping second marriage in the US.

BTW, you didn't need to divorce your second wife. Your second marriage was not technically legal. You could have obtained an annulment. As long as nobody concluded there was any intentional fraud involved then your problems would have vanished. You could have petitioned for a spousal visa for your first wife. You could have addressed the second marriage and annulment with the petition, and your wife/fiancee wouldn't have had a recent divorce to contend with at her interview. But, that's water under the bridge...

PLEASE, whatever you do, DO NOT REMARRY YOUR WIFE/FIANCEE just so you can now petition for a CR1. You will make things immensely worse than they already are. If you get a typical assembly-line immigration attorney then he'll probably spend 5 minutes going over your papers, and recommend you marry her and file a CR1 petition. Don't do it!

You need to get all of the facts out in the open in a way that makes everything appear to be innocent, even if it means revealing that you made some really bad decisions, and you need to get those facts in your case file. You need a very good immigration lawyer to help you do this.

[Ramonbrausa 0]

The application will be returned to uscis through NVC. It could be reaffirmed, they could send an NOID as you stated, in which case you should respons appropriately or most likely, it will be allowed to expire and you will simply receive a notice to that effect.

You must decide what you want to do to proceed, you do not even need to necessarily wait for the USCIS response.

Good luck.

Thanks JimVaPhuong for your advise, it makes a lot of sense...

Edited July 2, 2010 by Ramonbrausa

[Ramonbrausa 0]

I am now indeed looking for any information which might help me on how to proceed, and by which means? Do i have to file an appeal? how? by using Form I-290B? Since there are other options like motions to reopen or reconsider decisions made in your case, but these are exceptions! From what i am saying here, it looks lke i wanna do this myself, but definetely not, i have found a good attorney, but i also want to be aware of the different possibilities i could have, lawyers can make huge mistakes too, now i have seen it in Rio, they charge a lot of money to file your Fiancee and other visa petitions, but they don't tell you'll have to print the electronic form 156 twice, and they end up giving you the paper version...that's funny

[JimVaPhuong 4,863]

I am now indeed looking for any information which might help me on how to proceed, and by which means? Do i have to file an appeal? how? by using Form I-290B? Since there are other options like motions to reopen or reconsider decisions made in your case, but these are exceptions! From what i am saying here, it looks lke i wanna do this myself, but definetely not, i have found a good attorney, but i also want to be aware of the different possibilities i could have, lawyers can make huge mistakes too, now i have seen it in Rio, they charge a lot of money to file your Fiancee and other visa petitions, but they don't tell you'll have to print the electronic form 156 twice, and they end up giving you the paper version...that's funny

If your petition is still in Rio then you could try to keep it there while you submit further evidence to the embassy. You would have to act very quickly. If the visa section chief has already reviewed it and signed off on it then there probably isn't much you can do - the petition is headed back to the US. Otherwise, your attorney should be able to help you prepare a letter asking the visa section chief to hold your petition at the consulate while you prepare new evidence.

There is nothing to "reopen". Your petition isn't dead yet. The consular officer has recommended that the approval of the petition be revoked. It is now up to USCIS to decide what to do. There are three possibilities, as Audy_Rob mentioned, and a fourth that you could opt for yourself:

1. USCIS decides to readjudicate the petition. After consideration, they determine that the consular officer was wrong, and they reaffirm the approval of the petition. The petition will then go back through NVC, and eventually back to the consulate. Your fiancee will get a chance to submit another visa application and have another interview.

2. USCIS decides to readjudicate the petition. After consideration, they determine that the consular officer was right. They send a Notice Of Intent to Deny (NOID) to you, the petitioner. You have a limited window of opportunity to respond. If you respond forcefully with evidence, and it's sufficient to override their decision, they'll reaffirm the petition approval and things proceed like option #1 above. If your response isn't enough to convince them, or you decide not to respond, they'll revoke the approval of the petition. This would be BAD! The consular officer has essentially accused your fiancee of misrepresentation; i.e., fraud. If USCIS concurs with that accusation, then your fiance will become inadmissible to the US for the rest of her life. You will need to get a hardship waiver to overcome the fraud, and those waivers are very difficult to get.

3. USCIS decides not to bother with your returned petition, and they just let it expire. They send a notice to you, the petitioner, that your petition has expired and you are free to file again. CAVEAT: The California Service Center has been sending these expiration letters to USC petitioners, only to send a NOID when the petitioner files a second petition. The reasons given on the NOID echo the consular officer's accusations when the first visa application was denied. Again, respond forcefully - see option #2 above.

4. You decide not to bother waiting for USCIS to make a decision on the returned petition, and you remarry your wife and file for a CR1 petition. This will NOT stop USCIS from making a decision on the returned petition. That petition isn't dead until they decide it's dead. They could still send a NOID on the first petition, and the consequences could be the same - your wife could show up for her CR1 interview only to be told she's inadmissible because of the fraud, and now you need to try to get a hardship waiver.

At some point, somebody is going to notice that the dates on your marriages and divorces are not serialized, and they're going to figure out what happened. In that event, they could determine that BOTH of you are guilty of immigration fraud. She's inadmissible for life, and you are facing criminal charges, potentially losing your citizenship and being deported. Your nefarious marital history is a skeleton in your closet that needs to be exposed and carefully explained in a way that places it above suspicion, and this explanation needs to go into your case file.

Re. your lawyer - yes, lawyers make mistakes all the time. The biggest mistake they make is that they have limited time to really absorb the facts of your case. You can help yourself AND your attorney by spending as much of your spare time as you can studying immigration law and reviewing prior similar cases. 90% of getting the right answers from your attorney is asking the right questions, and you need to be very well informed to do this. Start with the "Laws" link on the USCIS website.

[Ramonbrausa 0]

Thanks for all this information, it's really helpful, i was wondering if the whole visa application fees, medical exams and other fees would then have to be pay again?

[Old Dominion 26]

Thanks for all this information, it's really helpful, i was wondering if the whole visa application fees, medical exams and other fees would then have to be pay again?

Left alone, it will take USCIS more than one year to ask you if there is additional evidence you would like to submit. The CO's decision in Rio is final and is not subject to higher review at the consulate. Your best bet is to get a very smart lawyer involved by contacting the Dept of State in Washington to see where the consulate's recommendation is being sent and then work at that level.

[TBoneTX 43,422]

At some point, somebody is going to notice that the dates on your marriages and divorces are not serialized, and they're going to figure out what happened. In that event, they could determine that BOTH of you are guilty of immigration fraud. She's inadmissible for life, and you are facing criminal charges, potentially losing your citizenship and being deported. Your nefarious marital history [...]

This has disturbed me through multiple readings of both of the OP's threads, and it raises the question: Why are we insisting on helping the OP?

1. It appears that he lied on immigration forms. See the "Important Disclaimer" at the bottom of every VJ page about "not condoning immigration fraud in any form."

2. First point aside, it's clear that none of us here can help the OP. It's been recommended multiple times that he consult one or more good immigration attorneys. Our limited role has ended. I don't believe that we here have anything else to offer the OP, and our continuing to try to advise him places us (and, by extension, VJ) on a potentially slippery slope. I believe that both of the OP's threads on this subject should be closed.

[William33 110]

As suggested OP, you have a case that is no longer appropriate for Visa Journey. Contact a lawyer offline.

Thread closed by moderation. Do not post further on your case.

Regards,

William, VJ Moderation.