Please help I'm anxious and can't sleep over this!!!

[muñequita y osito 2]

I am so confused and really scared. Need some advise fast because I'm losing my mind. Last October, My K1 petition was denied at the US Embassy in Dominican Republic. It was denied because When I filed I did not have my divorce certificate and sent my original court documents signed by the Judge and translated into English. It was approved 68days without RFE's at VSC. Well my Original Divorce certificate was printed a month later based on the date of the sentence. When I went to the interview they refused my then fiancés visa because the CO stated I was married at the time of the petition. I tried to explain to him that I filed with the court order and he would not listen. I asked why was it approved in Vermont and he said because I lied. I lied?!!! They had the original documents!!!

Well anyway, I married my fiancé 4months later. I did not know they sent cases back to USCIS I received a notice on in March 2011 saying that on February 24 2011 USCIS had received my file back from the DOS for review and that they would contact me if they needed anything.(It does not say intent to deny or Revoke anywhere, just back for review) Since I was married I sent them a letter that same day stating I was not interested in the review because I was married, had filed I-130 and would like to withdraw my petition. 2 weeks later they sent me another letter saying the approval had been automatically terminated per my request.

THIS IS MY CONCERN:

I had no idea they put a mark on the beneficiary's file. I have read so many things on here but nothing relieves me. If I withdrew the case after the USCIS received it back from the consulate, do they still put the marker on it? What are the chances my husband's CR1 being denied?

Edited May 20, 2011 by muñequita y osito

[canadian_wife 1,823]

What marker? The history of the K-1 will certainly be available to them

Now, if you did not submit the original divorce certificate with the filing, then you did not provide sufficient proof that you were free to marry, which is a requirement for USCIS - which is why you were denied

moving forward, all you can do is be honest and forthcoming now.

Good luck

[Penguin_ie 5,994]

I am not sure what you mean with a marker?

It would have been tidier to withdraw the petition before filing a new one, but shouldn't cause major issues.

[NigeriaorBust 4,087]

You are apparently reading of the fraud marker that Marc Ellis talks about at times. You get a denial for stupid reasons and they send the case back and close it and in their computers you end up with a marker for commiting fraud. Just as you said the embassy claimed you "lied" on the petition. They returned the petition with the notes that it was a invalid/fraudulent petition ( like you purposely used the wrong froms because it was somehow better ) The case is now in the dead bin at your own request but the marker of commiting fraud still exists. What Marc saws can happen is that the next petition properly filed will bump up against that marker and cause trouble. Can it happen ? I am sure it can and has Marc Ellis is one of the best and has seen it all. Will it happen to you ? Probably not. Others here have had issues like yours and had to refile and rewait and not been denied.

[muñequita y osito 2]

What marker? The history of the K-1 will certainly be available to them

Now, if you did not submit the original divorce certificate with the filing, then you did not provide sufficient proof that you were free to marry, which is a requirement for USCIS - which is why you were denied

moving forward, all you can do is be honest and forthcoming now.

Good luck

I was honest. I sent in Original Divorce documents with the date of the sentence signed by the judge and it WAS approved at the USCIS stage because this was sufficient proof for them. But it was not for the visa officer because he states I needed the divorce certificate.

The marker I speak of is one that is Every time a K1 or family visa is refused at a consulate,

a fraud marker is placed in beneficiary's file. It doesn't matter if the officer's reasons are half-baked or just-plain wrong. That fraud marker is still hanging there over your beneficiary's future. It's called a P6C marker. And it will hang there until you either win a revocation, or the officer removes it. How does this happen? I do not know.

[muñequita y osito 2]

You are apparently reading of the fraud marker that Marc Ellis talks about at times. You get a denial for stupid reasons and they send the case back and close it and in their computers you end up with a marker for commiting fraud. Just as you said the embassy claimed you "lied" on the petition. They returned the petition with the notes that it was a invalid/fraudulent petition ( like you purposely used the wrong froms because it was somehow better ) The case is now in the dead bin at your own request but the marker of commiting fraud still exists. What Marc saws can happen is that the next petition properly filed will bump up against that marker and cause trouble. Can it happen ? I am sure it can and has Marc Ellis is one of the best and has seen it all. Will it happen to you ? Probably not. Others here have had issues like yours and had to refile and rewait and not been denied.

Thanks, I'm worried because I withdrew the approval right when the USCIS received it back but they did not have to time to review and send me a NOIR or NOID so I'm trying to find out how to get the P6C marker removed since all I can find is just information on answering the NOIR or NOID.

This is just awful!!

I am not sure what you mean with a marker?

It would have been tidier to withdraw the petition before filing a new one, but shouldn't cause major issues.

Every time a K1 or family visa is refused at a consulate, a fraud marker is placed in beneficiary's file. It doesn't matter if the

officer's reasons are half-baked or just-plain wrong. That fraud marker is still hanging there over your beneficiary's future. It's called a P6C marker. And it will hang there until you either win a revocation, or the officer removes it.

I did not withdraw the petition before because I had no idea I had to do this until I read it in a forum and by then I had already filed the I-130.

[pushbrk 12,969]

I doubt the fraud marker is there, since you withdrew the petition but you seem to be confused. Perhaps Vermont misunderstood your divorce papers. When the Consulate says "You lied," they are using those same papers to determine that your divorce was not yet final on the date you indicated on the I-129F and your G325a that it WAS final. If you now have a certified copy of your divorce decree, compare the date that document says your divorce was final, to the date you indicated on the I-129F, that the marriage was terminated. If they are the same, no problem. If different, then you simply misunderstood when your divorce was finalized. I don't understand you use of the word "sentence" with regard to the divorce. A divorce carries no criminal sentencing. The court simply decrees the divorce is final.

[muñequita y osito 2]

I doubt the fraud marker is there, since you withdrew the petition but you seem to be confused. Perhaps Vermont misunderstood your divorce papers. When the Consulate says "You lied," they are using those same papers to determine that your divorce was not yet final on the date you indicated on the I-129F and your G325a that it WAS final. If you now have a certified copy of your divorce decree, compare the date that document says your divorce was final, to the date you indicated on the I-129F, that the marriage was terminated. If they are the same, no problem. If different, then you simply misunderstood when your divorce was finalized. I don't understand you use of the word "sentence" with regard to the divorce. A divorce carries no criminal sentencing. The court simply decrees the divorce is final.

Thank you for your reply.

Yes I was very confused and yes I definitely misunderstood when the divorce was finalized. I was divorced in the Dominican Republic because this is where my previous marriage took place 14 years ago and the laws there are complicated. Your documents are signed by the judge as a "sentence" (sentencia). You go before the judge and you are "sentenced" to be divorced (ridiculous I know) and follow all that is printed on the court order. These documents are sent to have your certificate printed but obviously the date they print on the certificate is not the date the judge signed the court order handed to me.

I just wish there was a way for me to find out if the marker still exists. I read Marc Ellis's article and it indicates to be cautious in my case.

[NigeriaorBust 4,087]

The marker probably exists. But there is only a small chance that it will affect you. If you have a strong package then that should overcome the marker ( if it exists) Mr Ellis posts things so that VJ couples can be aware of issues that may come up and prepare for them. In high fraud consulates you should always prepare for the worst and hope for the best.

[muñequita y osito 2]

The marker probably exists. But there is only a small chance that it will affect you. If you have a strong package then that should overcome the marker ( if it exists) Mr Ellis posts things so that VJ couples can be aware of issues that may come up and prepare for them. In high fraud consulates you should always prepare for the worst and hope for the best.

Thank you Diamond! I will make the strongest package I can!!!

[EAbbas 213]

You go before the judge and you are "sentenced" to be divorced (ridiculous I know) and follow all that is printed on the court order. These documents are sent to have your certificate printed but obviously the date they print on the certificate is not the date the judge signed the court order handed to me.

When I sent in my divorce papers I obtained the certified copy of the final decree and I told the courts what I needed it for so they attached a gold sealed paper on top signed by 3 judges saying that this divorce was final on the date printed on the certified copy...is that what your're referring to?

[muñequita y osito 2]

When I sent in my divorce papers I obtained the certified copy of the final decree and I told the courts what I needed it for so they attached a gold sealed paper on top signed by 3 judges saying that this divorce was final on the date printed on the certified copy...is that what your're referring to?

The day of my divorce hearing, I saw the judge he declared me and my ex divorced and 2 weeks later I was given the court order signed by the judge with seals and all but the actual certificate was printed a month and 2 weeks after the date signed by the judge. On the certificate it states I was divorced a month after my hearing with the judge. I had been separated from my ex for over 5years He disappeared and couldnt reach him for awhile. I started dating my now husband 2 1/2 years later but I was't divorced. I started the process of divorce anyway and my ex showed up (finally) to sign. By then I was desperate to get my now husband here in the states. I called NVC to see if they would take my divorce court order and they said as long as it says I am no longer married it would be fine. I just had no idea the certificate would have a different date on it then the court order.(makes no sense by that neither does anything in DOMINICAN REPUBLIC) I sent my petition as soon as I had the court documents and since USCIS approved the petition with no RFE's didnt think the consulate would either. When they saw the the divorce certificate was older than the date my petition was sent, that's when they denied us the visa.

I explained to them and showed them the documents I sent that stated I was divorced before my petition but the consulate said they go by the date on the divorce certificate.

My concern is the consulate officer sent back the package to USCIS for review. I withdrew the petition but I'm scared I won't be able to overcome the P6C marker placed on denied beneficiary's files when packages are sent back to USCIS for review.

Dominican Republic is a high fraud consulate. So many people get married there just to come to the US and its hard to prove your relationship. I have all the proofs I can think of but just thinking about how devastated I was when my baby was denied makes me sick to my stomach.

[EAbbas 213]

The day of my divorce hearing, I saw the judge he declared me and my ex divorced and 2 weeks later I was given the court order signed by the judge with seals and all but the actual certificate was printed a month and 2 weeks after the date signed by the judge. On the certificate it states I was divorced a month after my hearing with the judge. I had been separated from my ex for over 5years He disappeared and couldnt reach him for awhile. I started dating my now husband 2 1/2 years later but I was't divorced. I started the process of divorce anyway and my ex showed up (finally) to sign. By then I was desperate to get my now husband here in the states. I called NVC to see if they would take my divorce court order and they said as long as it says I am no longer married it would be fine. I just had no idea the certificate would have a different date on it then the court order.(makes no sense by that neither does anything in DOMINICAN REPUBLIC) I sent my petition as soon as I had the court documents and since USCIS approved the petition with no RFE's didnt think the consulate would either. When they saw the the divorce certificate was older than the date my petition was sent, that's when they denied us the visa.

I explained to them and showed them the documents I sent that stated I was divorced before my petition but the consulate said they go by the date on the divorce certificate.

My concern is the consulate officer sent back the package to USCIS for review. I withdrew the petition but I'm scared I won't be able to overcome the P6C marker placed on denied beneficiary's files when packages are sent back to USCIS for review.

Dominican Republic is a high fraud consulate. So many people get married there just to come to the US and its hard to prove your relationship. I have all the proofs I can think of but just thinking about how devastated I was when my baby was denied makes me sick to my stomach.

Awwww yeah thats very confusing...my court date ws the same day the judge signed teh divorce and it was done...in actuality if i wanted to talk from that court room to the next on and get married I could have...but again like you say thats here in usa and what you have is from another country...so yeah...confusing and frustrating don't worry...you are divorced now 100% and nobody can say you aren't .... you will be together soon...

[NigeriaorBust 4,087]

The fraud marker is meant to warn immigration if they ever see you again to check more carefully because they think you are sneaky. Address the issue head on. If you were rejected because of confusing on when you were free to marry one your first petition on the second one in the cover letter make a statement such as " I am filinf a new petition because the first petition XXXXXX was returned when the consulate reached teh decision that my divorce was actually final on mm-dd-yyyy making the first petition invalid" If you make a statement like this and USCIS approves it ( and they should ) it means the embassy can't reject you because of that fact. They are technically only allowed to return petitions based on facts not known to USCIS when they approved the petition.

[muñequita y osito 2]

The fraud marker is meant to warn immigration if they ever see you again to check more carefully because they think you are sneaky. Address the issue head on. If you were rejected because of confusing on when you were free to marry one your first petition on the second one in the cover letter make a statement such as " I am filinf a new petition because the first petition XXXXXX was returned when the consulate reached teh decision that my divorce was actually final on mm-dd-yyyy making the first petition invalid" If you make a statement like this and USCIS approves it ( and they should ) it means the embassy can't reject you because of that fact. They are technically only allowed to return petitions based on facts not known to USCIS when they approved the petition.

Well I sent my petition for my husband in March. Do you think I should send something to USCIS now or is it too late? When I sent the application for I-130,in the box where it asks if you have ever filed a petition for this or any other beneficiary, I did state that I have filed a K1 Petition and it was denied because of wrong divorce paperwork filed with case.