Denied K1 Visa due to filing bankruptcy years ago

[Used to be broken 143]

Definitely get your Congressman / Senator involved - Get your fiance to write down all the details, who exactly said you were too old for him, everything and anything - If an immigration officer truly said that to him, I would be doing everything in my power to have that person fired - There are LAWS against that type of discrimination and to make an out and out statement would clearly be in violation of policy.I am sorry for your loss - Take a deep breath and try to focus on moving forward and fighting this idiocy.

The chances of a consular officer being fired over something like this are about the same as the shuttle mission discovering the moon really is made out of cheese. Consular officer decisions fall under the doctrine of non-reviewability. In other words no one, not even the President can review a consular officer decision.

Now with regard to doing "everything in your power to get a consular officer fired" that in this situation would just be cutting off your nose to spite your face. At some point they do want to be issued a VISA...

[NY_BX 397]

The chances of a consular officer being fired over something like this are about the same as the shuttle mission discovering the moon really is made out of cheese. Consular officer decisions fall under the doctrine of non-reviewability. In other words no one, not even the President can review a consular officer decision.

Now with regard to doing "everything in your power to get a consular officer fired" that in this situation would just be cutting off your nose to spite your face. At some point they do want to be issued a VISA...

I absolutely agree. However, there seems to be a pattern of constant denials out of (fill in the blank). If this is out of norm, that may trigger a review to that embassy's tactics. So, I believe that you attract bees with honey, not with poison, therefore complain and walk the line because a visa is on the line.

In regards to the bankrupcy issue, this is what probably the CO thought: "hummmmm, an older previously bankrupt lady? She's in it for the money." It is absurd, it is discrimination and immoral to say the least. However, just very recently a middle aged woman got arrested here in the Bronx for marrying a string of young hispanic males and helping them with their green card. The catch? they will take care of her thru their marriage. So, she married 4 poor guys and for 8 years she was living the life while they worked their a$$e$ off. How she got caught? She never divorced any of them!!!

I am not, by any means illustrating your case. Quite the opposite. I am saying that thanks to criminals like her, we're ALL under scrutiny!

I'm sorry this is happening to you and I hope all of this is solved soon.

[ATPEACE 43]

Please read and follow the advise fron this link, this is the information that you are seeking: http://www.visajourney.com/forums/topic/318040-noidnoir/page__pid__4766106#entry4766106

Good luck.

[Shirley Ann 6]

I need some advise. Here is my situation. I filed for bankruptcy about 3 years ago, because I had alot of medical bills (some pre-existing conditions)everything was discharged, and now I have 2 1/2 jobs now, sent copies of all 3 of my W2's and also letters from my jobs telling how long I have been employed, but my fiance was denied because they said tbat I filed bankruptcy and they cannot see how I can afford to travel to see him as often as I have. I don't have any children and made close to 50,000 last year. Has anyone been denied for filing bankruptcy, and if so what did you have to do

Sounds like they are questioning the relationship based on what they think is your inability to afford to visit him. I would think if it was financial they would just ask for a co-sponsor? I haven't read anything about bankruptcy being a reason to deny.

[Adil & Jeanne 296]

All background is important. yours is a recent bankrupcy. and declaring bankrupvy stays with you for 10 years now. they alao consider the medical bills you say. Is this illness reoccuring so it will affect your income in the future. YOu sign applicaiotn giving them permission to look into anything they want for informaiton on income, character and financee. Homeland Security can even look into your chats and emails. This process opens up your whole life for inspection.

[bigdog 376]

I need some advise. Here is my situation. I filed for bankruptcy about 3 years ago, because I had alot of medical bills (some pre-existing conditions)everything was discharged, and now I have 2 1/2 jobs now, sent copies of all 3 of my W2's and also letters from my jobs telling how long I have been employed, but my fiance was denied because they said tbat I filed bankruptcy and they cannot see how I can afford to travel to see him as often as I have. I don't have any children and made close to 50,000 last year. Has anyone been denied for filing bankruptcy, and if so what did you have to do

Find a joint sponsor, maybe contact an immigration attorney, UHH

[sowfamily 0]

It would seem that the embassy was more interested on how you were able to afford your travel more than your bankrupcy ... there are some fraudulent instances where a sponsor is on the take and being paid for being the petitioner, so perhaps they were concerned about how genuine the intentions were between the two of you ..... I'd make sure to send your bank statements showing funds deposited and withdrawn through out your courtship and marriage and also double check on all your bonafides and make sure you've submitted all you can to help them better assess that your relation is sincere.

hang in there in prayer

Edited July 7, 2011 by sowfamily

[RICARDO4EVA2 194]

This might seem like a random story. However, I visited Jamaica about 4 years ago. and at that time I attended church on the Sunday. This was a 3 hour long service dedicated to women with children out of wedlock and the fathers who don't do enough to support their children. They seem to be pretty prejudice against those who are pregnant before marriage. Even though, from what I gather, many people do not have enough money to have a legal wedding. Sounds like discrimination to me.

NOT UNCOMMON... a list of long discrimination is widely preached and tolerated in some of those churches there..

[RICARDO4EVA2 194]

Your post is so far off base it's not even CLOSE to reality - Do some research on Jamaica, since you want to post an authoritative statement about how pregnancy out of marriage is frowned on there - It's far more common in Jamaica to find single mothers and or common law marriages then legal ones -

The hot topic in Jamaica of recent note is the ongoing issue of "Jackets" - Your post is irrelevant and hurtful to someone in a tough time.

Sus... wht you know about jackets.. ok u know too much about these local things..

Please stop the mean spiritedness. I am sure tolsab meant no harm.

Moving thread from IR-1/CR-1 Process to K-1 Process.

[RICARDO4EVA2 194]

All background is important. yours is a recent bankrupcy. and declaring bankrupvy stays with you for 10 years now. they alao consider the medical bills you say. Is this illness reoccuring so it will affect your income in the future. YOu sign applicaiotn giving them permission to look into anything they want for informaiton on income, character and financee. Homeland Security can even look into your chats and emails. This process opens up your whole life for inspection.

i agree.... see what these people must understand is that a benefit is being sought and so yea... they will inspect the person requesting the visa and the person in charge - petitioner.

[Aztec&Taino 144]

I think the post's subject line is misleading. To have filed bankrupcy "years ago" suggests that the bankrupcy was at least a decade in the past, probably longer. So, 3 years is not really "years ago." However, that is really a minor point. It may have been the reason they gave the OP's fiance for denying him, but she also said that they suspected visa fraud since she is older than him. The consul really can choose to give only one reason for a denial even though there may have been various red flags in the case. A difference in age (by the way, did the OP ever mention the actual ages?) particularly when the female petitioner is older, AND petitioning someone from the Caribbean (where there is a lot of suspicion because of fraud cases where the younger, better looking male beneficiary swindled the older, less attractive American woman) is enough reason to see why her case was denied.

To the OP, since you seem to visit often, what you may consider doing is marry your fiance next time you go over to see him and file the I-130. Take many pictures, phone records, chat logs, etc. Basically, marry your fiance and also prepare a better case for next interview.

Best wishes to all!

[Gary and Alla 3,694]

I need some advise. Here is my situation. I filed for bankruptcy about 3 years ago, because I had alot of medical bills (some pre-existing conditions)everything was discharged, and now I have 2 1/2 jobs now, sent copies of all 3 of my W2's and also letters from my jobs telling how long I have been employed, but my fiance was denied because they said tbat I filed bankruptcy and they cannot see how I can afford to travel to see him as often as I have. I don't have any children and made close to 50,000 last year. Has anyone been denied for filing bankruptcy, and if so what did you have to do

Filing bankruptcy is not a reason for denial in itself. However it is the sponsors responsibility to assure them that the beneficiary will not become a public charge. It is a mistake to think that if you make "enough" income you will be approved. There is nothing "automatic" about it and there is no "finish line"

Present a co-sponsor

[P & T 14]

I need some advise. Here is my situation. I filed for bankruptcy about 3 years ago, because I had alot of medical bills (some pre-existing conditions)everything was discharged, and now I have 2 1/2 jobs now, sent copies of all 3 of my W2's and also letters from my jobs telling how long I have been employed, but my fiance was denied because they said tbat I filed bankruptcy and they cannot see how I can afford to travel to see him as often as I have. I don't have any children and made close to 50,000 last year. Has anyone been denied for filing bankruptcy, and if so what did you have to do

A few have already touched on this. Will ask outright- What evidence of relationship during the 2 years prior to submission of your K1 did you send and present at the interview(s)??

What stood out to me in your quote is not that they challenged your future ability to support him due to recent financial troubles - but rather - that this individual had a hard time believing the frequent visits due to your past financial troubles. You mentioned in later comments that the interviewer only returned a passport and some photos. Was there sufficient evidence to back up the claims made on time spent together? Do you think the weak evidence submission led the interviewer to challenge the integrity and validity of what you/your fiance claimed?

Age differences do happen often and are often approved for K1. Yes, it is plausible that you had an interviewer with a bad attitude and we are all sorry to hear of a legitimate case being rejected or delayed. Calm yourself, sit down and recount the TWO experiences since you mentioned two interviews and really listen to what your fiance heard. Why was a 2nd interview even provided? If there were two different people that met with him, what was discussed that two different people declined approval?

Then you can examen your timeline and consider if marriage abroad is right for you. Use that decision to determine if pursuing a root cause to the answer on the K-1 is even worth it. (In other words- read more on the board to see what fussing with the government will get you.) Look at when your next reasonably available time for travel is where marriage is possible. If you've got 5 months before you can hit Jamaican soil- that's 5 months time you can poke around a bit on the K1 if its worth it. You have the ability to be in Jamaica and marrying your fiance in 2 months? Weigh the likelihood of the CR1. You couldnt possibly file the CR1 before you got back to Jamaica anyway. But dont take a visit to Jamaica and screw yourself out of an opportunity to get married because you're chasing after a 'dead' K1.

If like others say, its nothing but more heart ache, wasted time and wasted money - would suck to miss a marriage opportunity, to have to wait yet another visit, then apply CR1 etc.... and its a year from today.....

**Disclaimer: Remember that I know nothing, experienced nothing and just talk out of my..... ummm....... talk from what seemed sensible to me at the time.

[Glyn and Kathy 288]

I don't think the bankruptcy could be the only reason....if at all. My ex-husband and I filed for bankruptcy in 2004. My husband and I used DCF to file for his CR-1 in early 2008 with no problems....and it had been less than 4 years from when I filed the bankruptcy. Definitely something else going on.

[T & J MC 0]

I think the post's subject line is misleading. To have filed bankrupcy "years ago" suggests that the bankrupcy was at least a decade in the past, probably longer. So, 3 years is not really "years ago." However, that is really a minor point. It may have been the reason they gave the OP's fiance for denying him, but she also said that they suspected visa fraud since she is older than him. The consul really can choose to give only one reason for a denial even though there may have been various red flags in the case. A difference in age (by the way, did the OP ever mention the actual ages?) particularly when the female petitioner is older, AND petitioning someone from the Caribbean (where there is a lot of suspicion because of fraud cases where the younger, better looking male beneficiary swindled the older, less attractive American woman) is enough reason to see why her case was denied.

To the OP, since you seem to visit often, what you may consider doing is marry your fiance next time you go over to see him and file the I-130. Take many pictures, phone records, chat logs, etc. Basically, marry your fiance and also prepare a better case for next interview.

Best wishes to all!

First of all I would like to say “Thank You” to everyone who gave me some suggestions and good advise, since that is what I was asking, but as for you Aztec&Taino, I requested advise not sarcasm, so if that was the only thing you had to offer you could have your comments to yourself!!!!! As far as you saying I was misleading saying years, suggesting at least a decade, where did that come from? an “s” at the end of a word is plural not singular, so whether I said two years or 1,000 years it doesn’t matter, so if you assumed it was a decade, that was your problem not mine, but it’s obvious you knew I was talking about 3 years, so as you said that was a minor point, but frankly what you was pointless. And I never said they suspected visa fraud, once again you’re assuming, maybe if you would have read what I wrote correctly instead of trying to criticize what you thought was misleading you would have known that. You also said something about suspicion where the younger better looking male beneficiary swindled the older, less attractive American woman, WHAT!!!!!!! So now you are judging me, when you have no idea what I look like, but FYI, I am a very attractive American woman, but looking at your picture you don’t look like much. And as far as you saying I should marry him when I go back, if they denied it because they were concerned about my finances, I am still financially responsible for him whether he is my fiance’ or my husband, so filing for an I-130 doesn’t guarantee ANYTHING, and with you assuming once again which is basically what you did when you read what I wrote I never said what else was in his package I just said what they gave back to him so don’t tell me what I need to prepare for, because I prepared well, I just did not expect that I would be penalized for what I had done in my past. So my advise to you is “DON’T GIVE YOUR ADVISE”!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! and another thing bankruptcy is spelled this way and not the way you spelled it!!!!! And as far as your best wishes, I don’t really think I need to say what you can do with them.