K1 denied and being sent back to USCIS

[hleris 0]

Sad news my fiance was denied her k1 visa due to the following reasons today 8/12/10 at the Consular in Laos:

section 221(g) - The petitioner and the beneficiary provided different accounts for how they first met each other and began their relationship. Furthermore, the petitioner failed to disclose a previous marriage, indicated on the petitioner's naturalization certificate, on the petition. As this material information was not known to USCIS at the time of the petition's approval, the consular section is returning the petition to USCIS for reconsideration.

History - I don't recall ever explaining to USCIS or the consular on how we met. I saw her posting online on a website. I made the initial contact by calling her. She lives in Laos. We both speak the same language. I visited her two times in thailand for a total of 24 days.

The second part I was never legally married to my deceased fiance. We lived together for 9 nine years and have 3 children together before she passed away from cancer a year ago. Yes when I apply for my naturalization I did put that I was married but we never made the strive to marry legally in a court. I received my citizenship in Jan of 2004. My deceased fiance and I moved in together in october of 2001. I live in California.

My question and its obvious should hire an attorney and should I file for a petition or refile ASAP or wait until I recieve the package from them? It would take almost a month for the package to arrive here. Will I anger the interviwer by addressing this issue to my congress/senator in future interviews by my fiance?

thanks for you time!

John Thao

[Penguin_ie 5,985]

I think you definitely need a lawyer, and a good one, for this. The issue of different accounts might be explained (what did she say at the interview? Maybe you wrote something slightly different in a cover letter, or on a public website such as facebook or a blogging site? Maybe she was asked twice about how you met and answered in slightly different ways?).

I think the real problem is the previous marriage issue, and not just for your fiancee's visa, but potentially for your US citizenship, as you effectively lied on the I-400.

[canadian_wife 1,791]

I agree, the lying on the I-400 seems to be the bigger issue here. They may have used the other points as an excuse

Laural Scott is a great lawyer, she offers free immigration chats on wednesdays at scottimmigration.net

Good luck

[Christi85 86]

Yes when I apply for my naturalization I did put that I was married but we never made the strive to marry legally in a court.

That is called material misrepresentation, meaning that you either lied about something that happened/didn't happen, or that you hid the truth about something.

As other posters have said, it's very serious and can even lead to revocation of citizenship for you.

I don't know why you declared yourself as married in the naturalization process if you weren't. How would that serve your case? I assume you didn't become naturalized through marriage with your deceased partner, or they'd have asked you for a marriage certificate which you wouldn't have. So it sounds like you qualified for citizenship without the need to prove a marriage. Then why did you have to lie? I just don't understand your way of thinking. I hope a good lawyer can help you.

[gvt 0]

Sad news my fiance was denied her k1 visa due to the following reasons today 8/12/10 at the Consular in Laos:

section 221(g) - The petitioner and the beneficiary provided different accounts for how they first met each other and began their relationship. Furthermore, the petitioner failed to disclose a previous marriage, indicated on the petitioner's naturalization certificate, on the petition. As this material information was not known to USCIS at the time of the petition's approval, the consular section is returning the petition to USCIS for reconsideration.

History - I don't recall ever explaining to USCIS or the consular on how we met. I saw her posting online on a website. I made the initial

Question 18 on form i-129F that you submitted with your petition states, "Describe the circumstances under which you met." Check what you wrote and ask your fiance what she told the Consular. She was probably asked the same question to see if her answer matched what you wrote. If what your fiance stated was different than what you wrote than this may explain the "difference in accounts." To be fair, question 18 is worded as circumstances a couple "met in the last 2 years" rather than a couple's "first" meeting or beginning of their relationship. But for many it is the same thing and a consular officer may have interpreted it to be the same question.

Since you have discrepancies on your petition vs on what you put on previous forms (I-400) that you should consult a immigration lawyer. Good luck!

[JimVaPhuong 4,863]

Sad news my fiance was denied her k1 visa due to the following reasons today 8/12/10 at the Consular in Laos:

section 221(g) - The petitioner and the beneficiary provided different accounts for how they first met each other and began their relationship. Furthermore, the petitioner failed to disclose a previous marriage, indicated on the petitioner's naturalization certificate, on the petition. As this material information was not known to USCIS at the time of the petition's approval, the consular section is returning the petition to USCIS for reconsideration.

History - I don't recall ever explaining to USCIS or the consular on how we met. I saw her posting online on a website. I made the initial contact by calling her. She lives in Laos. We both speak the same language. I visited her two times in thailand for a total of 24 days.

The second part I was never legally married to my deceased fiance. We lived together for 9 nine years and have 3 children together before she passed away from cancer a year ago. Yes when I apply for my naturalization I did put that I was married but we never made the strive to marry legally in a court. I received my citizenship in Jan of 2004. My deceased fiance and I moved in together in october of 2001. I live in California.

My question and its obvious should hire an attorney and should I file for a petition or refile ASAP or wait until I recieve the package from them? It would take almost a month for the package to arrive here. Will I anger the interviwer by addressing this issue to my congress/senator in future interviews by my fiance?

thanks for you time!

John Thao

Why, EXACTLY, did you say you were married when you applied for citizenship? Had you been an LPR for more than three years but less than five years at the time? Were you using the claim of marriage to a US citizen in order to qualify for citizenship? If so, then you've got a serious problem here. A material misrep on your petition for citizenship would mean your citizenship could be revoked, and you could be deported. You won't be able to use a claim of "common law marriage" to get out of this. Like most states, California doesn't recognize common law marriage.

If you were otherwise eligible for citizenship on your own, and simply wrote that you were married because you considered yourselves to be husband and wife, then it's still a misrepresentation, but it's not material; i.e., the truth would not have affected the outcome.

The problem you now have is that the consulate has accused YOU of a material misrepresentation, and they've sent YOUR petition back to USCIS because of this. You told USCIS you were married when you applied for citizenship. You then told them you'd never been married when you submitted the I-129F. I think you have much bigger problems to worry about right now than when to file another petition. You should hire a good immigration lawyer or you may find YOURSELF living in Laos with your fiancee.

[pushbrk 12,105]

Sad news my fiance was denied her k1 visa due to the following reasons today 8/12/10 at the Consular in Laos:

section 221(g) - The petitioner and the beneficiary provided different accounts for how they first met each other and began their relationship. Furthermore, the petitioner failed to disclose a previous marriage, indicated on the petitioner's naturalization certificate, on the petition. As this material information was not known to USCIS at the time of the petition's approval, the consular section is returning the petition to USCIS for reconsideration.

History - I don't recall ever explaining to USCIS or the consular on how we met. I saw her posting online on a website. I made the initial contact by calling her. She lives in Laos. We both speak the same language. I visited her two times in thailand for a total of 24 days.

The second part I was never legally married to my deceased fiance. We lived together for 9 nine years and have 3 children together before she passed away from cancer a year ago. Yes when I apply for my naturalization I did put that I was married but we never made the strive to marry legally in a court. I received my citizenship in Jan of 2004. My deceased fiance and I moved in together in october of 2001. I live in California.

My question and its obvious should hire an attorney and should I file for a petition or refile ASAP or wait until I recieve the package from them? It would take almost a month for the package to arrive here. Will I anger the interviwer by addressing this issue to my congress/senator in future interviews by my fiance?

thanks for you time!

John Thao

First, you need to gather the facts. Compare what you wrote in section 18 of the I-129F to what your fiancee said about how you met. Lying on immigration forms (your N400) is a serious thing. As Jim indicated, it is far more serious if you obtained your citizenship based on your marriage to a US Citizen, when you were, in fact, not married to her. This could get your citizenship revoked and you deported.

[Darnell 8,478]

I think the real problem is the previous marriage issue, and not just for your fiancee's visa, but potentially for your US citizenship, as you effectively lied on the I-400.

Penguin_ie Agree. Material misrepresentation on a citizenship application is a big no no... Can it be fixed with an attorney, who will represent you, as your representative to USCIS/DOS/DHS/ICE, as a confused human, with some 'confusion' to 'plea against' ? Maybe - depends on the attorney.

John - I don't wish to slam you here, at all - but - apparently you misrepresented facts on a federal application, perhaps even twice. So when you go shopping for an attorney, you'll need to make sure that he can present this 'confusion' in the best possible fashion.

Good Luck, (and I rarely say this) God Help You.

Edited August 12, 2010 by Darnell

[Gary and Alla 3,694]

Sad news my fiance was denied her k1 visa due to the following reasons today 8/12/10 at the Consular in Laos:

section 221(g) - The petitioner and the beneficiary provided different accounts for how they first met each other and began their relationship. Furthermore, the petitioner failed to disclose a previous marriage, indicated on the petitioner's naturalization certificate, on the petition. As this material information was not known to USCIS at the time of the petition's approval, the consular section is returning the petition to USCIS for reconsideration.

History - I don't recall ever explaining to USCIS or the consular on how we met. I saw her posting online on a website. I made the initial contact by calling her. She lives in Laos. We both speak the same language. I visited her two times in thailand for a total of 24 days.

The second part I was never legally married to my deceased fiance. We lived together for 9 nine years and have 3 children together before she passed away from cancer a year ago. Yes when I apply for my naturalization I did put that I was married but we never made the strive to marry legally in a court. I received my citizenship in Jan of 2004. My deceased fiance and I moved in together in october of 2001. I live in California.

My question and its obvious should hire an attorney and should I file for a petition or refile ASAP or wait until I recieve the package from them? It would take almost a month for the package to arrive here. Will I anger the interviwer by addressing this issue to my congress/senator in future interviews by my fiance?

thanks for you time!

John Thao

You don't need an attorney. You need to be truthful when filling out immigration forms. You lied on your citizenship application and it bit you. Big surprise.

Repetition a K-1. Withdraw your old petition. Trying to fight the denial will take longer and cost more than filing a new one...and you will lose because the consulate is correct. Tell the truth. Write a letter explaining why you lied on your citizenship papers. Prepare your fiancee for the interview. Good luck.

[hleris 0]

I did not need to lie to get my citizenship since my deceased fiance was not a US citizenship. I came here to the US in 1978 as a refugee from Laos. I don't think that I am a citizen of Lao either so if push comes to shove they will deport me to Cananda LOL. I did hired an attorney to help me with my I129F. I am going to call him today but he is a one man operation and hardly anwers his phone. I will also consult with other attorneys and see how it goes. I thank you all even if you slammed me I still honor your ideas and thoughts.

I wished I had learn about this website before submitting my I129F....

thanks,

John

[NigeriaorBust 4,087]

What you need to do is gather every question / answer from your fiance. Get a written record of what was said before anything is forgotten. Unless they want to make a big thing out of your marriage state ignore getting a lawyer about that for now. Have you ever lived in a state that allows common law marriage ? It is something not recognized for immigration but is in many states. When you refile you need to fully explain any point that caused trouble with the interview. If your lawyer is unresponsive I would look at someone new. Marc Ellis is a good one and very familiar with the Asian consulates. ( EllisIland on VJ )

[MRStee 19]

I did not need to lie to get my citizenship since my deceased fiance was not a US citizenship. I came here to the US in 1978 as a refugee from Laos. I don't think that I am a citizen of Lao either so if push comes to shove they will deport me to Cananda LOL. I did hired an attorney to help me with my I129F. I am going to call him today but he is a one man operation and hardly anwers his phone. I will also consult with other attorneys and see how it goes. I thank you all even if you slammed me I still honor your ideas and thoughts.

I wished I had learn about this website before submitting my I129F....

thanks,

John

Good luck:star: