K-1 VISA denied.. Next steps??

[Sannybel 1]

I actually filed an appeal while I was in DR at the embassy and I have contacted my senators. I just came back today. But I am not wasting time. IF I have to appeal here I will maybe they will be a little more just in reviewing the evidence. I went to an attorney in Dominican republic that used to work here in the US and he said this treatment is typical and that I should contact whoever I could to make sure this is resolved. I guess most people do not appeal and they count on that. Thank you for the example it makes me have a little more hope.

That's true! I read one story of Russian fiancee who got very rude and offencive interview in Algeria (she was an Algeria permanent resident at the petition time), and her visa was denied - officer even didn't want to look any proof of relationship. But her US fiance made official letters with complains about offencive behaviour of this consular officer who was interviewer, explaining how conversation was rude, and that they can show a lot of proof of their relationship, and this fiancee got 2nd interview! She wrote that second interview was much more nice and calm, another officer watched documents she brought, and her visa finally was approved, now she is in USA and waiting AOS. [it's Victor (Russian fiance) writing]

[JAPrincess 27]

What is a stoked interview? In Dominican Republic they usually require you to asssit or they will not provide the fiancee with a visa. This was our first interview adn there were no red flags that we knew off.I had previously submitted a petition for a former fiancee but I withdrew it adn I stated that in all the original paperwork. I am 3 years older than him. He also has a daughter who is 2yrs and 4 months adn that seemed to set off bells at the interview. They interrogated us seperately and questioned the the short amoutn of time it took for us to have intercourse and formalize our relationship. I am not sure what other details you would want. I need to know what the best way to proceed is..

I am so sorry!

I agree with brokenfamily, plenty of other questions they could have asked!!

There was recently a class action suit thrown out that you can read about here: http://www.entrylaw.com/tranclassaction.html

This is the part that kills me:

the Doctrine of Consular Nonreviewability allows the State Department to charge U.S. citizen petitioners with fraud and not give them any opportunity to respond to the allegations.

So basically the consular has the final call... they can accuse you of immigration fraud and there is not a damn thing you can do to appeal it!!???

[Channah&Aaron 51]

; Yes, you and your fiance have had a stoke interview. They ask questions you never would have thought they would ask. Unfortunately, they seem to ask these kind of questions whether to see if you are intimate and whether you two answer the same answers about a very important aspect in a relationship: Intimacy.

Going thru an interview like this is very sad, because you expected more general questions about "where did you meet", "when did you meet", "how long were your visits", and so on.

If you go through the questions, files/documents, do you see any other things that might have caught their attention and/or raised a red flag- other than the fact both of you having a child from previous relationship?

Did the CO give you any other forms? Did the CO tell you to wait on an "appeal" letter? Do what ever you can to make sure your petition don't get send back to the US and do everything in your power in order to appeal and get a second interview. Contact your senator and ask for help, and make sure you meet the requirements on the appeal letter. Also gather more supporting documents as proof of ongoing relationship.

Do this all ASAP.

Good luck and keep us posted!

Edited August 8, 2011 by Channah&Aaron

[Sannybel 1]

We made sure we went in with everythign truthfully. I am not sure what they are referring to. I included everythign even the letter showing that I had submitted a new previous petition adn had asked to have it withdrawn. I included my daughter adn his adn we did not falsify any documents or anythign else. I think they might just be referring to some inconsistencies in the interview but when I asked the lady she wouldnt explain.

Unless you are living together in DR then you may have known each other for several months, but that doesn't have an impact on filing a petition very shortly after you have met.

You say there are no red flags on your case, but for those types of questions, something set off the alarm for the VO. First thing is you need to sit down and look in fine detail at your case and identify anything and everything that could be an issue in the VO's eyes. Then you can proceed with either trying to file an appeal or with getting married and re-filing a CR-1. The biggest problem is the part where the VO said you gave false evidence. What evidence are they referring to? If they are claiming a material misrepresentation case then you have a much bigger issue than appealing or a new petition. If there was some error on the forms that is one thing, but if something was not included to make your case look better then you are going to run in to a brick wall with any type of appeal or new petition.

[JAPrincess 27]

Unless you are living together in DR then you may have known each other for several months, but that doesn't have an impact on filing a petition very shortly after you have met.

You say there are no red flags on your case, but for those types of questions, something set off the alarm for the VO. First thing is you need to sit down and look in fine detail at your case and identify anything and everything that could be an issue in the VO's eyes. Then you can proceed with either trying to file an appeal or with getting married and re-filing a CR-1. The biggest problem is the part where the VO said you gave false evidence. What evidence are they referring to? If they are claiming a material misrepresentation case then you have a much bigger issue than appealing or a new petition. If there was some error on the forms that is one thing, but if something was not included to make your case look better then you are going to run in to a brick wall with any type of appeal or new petition.

yep, something set them off...

OP, you said:

He also has a daughter who is 2yrs and 4 months adn that seemed to set off bells at the interview.

and

They also crossed off on the sheet they

gave us that we provided false evidence

Look at the details surrounding his previous relationship with the child's mother in correspondence with your relationship's timeline. Is there anything answered in the original petition that was answered differently in the interview??

Honestly, these consular officers are trained to find the red flags and identify the "bad guys" which there are PLENTY of. Unfortunately that makes it hard for the good ones.

Do you have any idea of which evidence they are claiming is false?

[Sannybel 1]

THey denied my petition but said that I had the right to appeal. I am goign to try to get another interview before they send it back. I already contacted my senators office but if ntothen I have to wait until I get the letter and file the appeal. The attorney in DR showe me a few of the other cases he had appealed for same reason adn the decision can be overturned here but you have to to go immigration court adn they ask for a tape fromt he interview adnthrow out anythign that is inappropriate etc.. this is just goign to be painful.

I am so sorry!

I agree with brokenfamily, plenty of other questions they could have asked!!

There was recently a class action suit thrown out that you can read about here: http://www.entrylaw.com/tranclassaction.html

This is the part that kills me:

So basically the consular has the final call... they can accuse you of immigration fraud and there is not a damn thing you can do to appeal it!!???

[Sannybel 1]

yep, something set them off...

OP, you said:

and

Look at the details surrounding his previous relationship with the child's mother in correspondence with your relationship's timeline. Is there anything answered in the original petition that was answered differently in the interview??

Honestly, these consular officers are trained to find the red flags and identify the "bad guys" which there are PLENTY of. Unfortunately that makes it hard for the good ones.

Do you have any idea of which evidence they are claiming is false?

I asked them several times adn she said I would get the details in the official letter they gave us. I included all the info on the application that was truthful. I didnt lie or try to make things easier thats why I am so baffled by the statement. But I have to wait until I receive the official letter to see what it says.

[xocanin 0]

What exactly did you submit as evidence?

[JAPrincess 27]

Thank God you have the ability to appeal!

I would surely hire a lawyer if you can, and research everything you can about people in similar circumstances!

http://www.pcurtislaw.com/how-deal-potential-red-flags-k1-fiance-visa-cases

I know this is for marriage fraud, but it gives you an idea of what you're up against:

http://www.***removed***/greencard/***removed***/marriage-based-greencard-fraud-interview.html

[JAPrincess 27]

If you go through the questions, files/documents, do you see any other things that might have caught their attention and/or raised a red flag- other than the fact both of you having a child from previous relationship?

Did the CO give you any other forms? Did the CO tell you to wait on an "appeal" letter? Do what ever you can to make sure your petition don't get send back to the US and do everything in your power in order to appeal and get a second interview. Contact your senator and ask for help, and make sure you meet the requirements on the appeal letter. Also gather more supporting documents as proof of ongoing relationship.

Do this all ASAP.

Good luck and keep us posted!

[mike42979 57]

Wow, you got me worried looking at your timeline its almost identical to mine. I met Kristine March 3rd 2010 went back to cayman islands in April and July went again in December got engaged and filed in January. Wow its scary how identical our relationship and filing times are so identical.

From your profile

Met February 25th 2010... March 1st I came back home... Returned to DR in April and August 2010. Once I came back September 6th We decided to get married and then submitted my application in December. Now we are just playing the waiting game..

[Harsh_77 716]

I had a horrible experience with the consulate. they were extremely judgemental of my relationship and kept sayin our relationship started to fast. They interrogated ME as if I was a criminal. THe funny thing is their hard questions were with me they were nice to my fiancee. SO now I have to wait for this letter in order to appeal. Does anyone had any recommendations? Has anybody went troughthis process? I felt offended and humiliated by the wya they treated me. I was an AMERICAN in the US Embassy. I am thinking of writing to the US AMbassador and to my senators office. They cant do anything at this point about the denial but I can at least lodge a complaint. I am very upset. Any info would be appreciated.

Elizabeth

Good Luck with complaint...

[Lavi 3]

Oh my God, i am so sorry for what happen to you both i have no words... Hope things will be ok after you apeal, good luck with that. All this makes me worry now, coz you dont know what to expect from the interview

[Sannybel 1]

What exactly did you submit as evidence?

All the pictures with him his family adn our friends. I also submitted allt he phone log that shows that I talk to him almost every day for an hour or more. I also submitted the copies of the receipts for the money I sent him adn when I recharge the phone card on his cell phone. The weird thing is that they didnt look at any of the new stuff. and USCIS approved the evidence sent in with petition. I am wondering what they claim is false. I have seen cases where they tell you one thign in the consulate adn then the paperwork they send says somethign else so I hope this is the case.

[Sannybel 1]

Oh my God, i am so sorry for what happen to you both i have no words... Hope things will be ok after you apeal, good luck with that. All this makes me worry now, coz you dont know what to expect from the interview

Honestly I just had bad luck. Just be prepared with all the evidence and all your dates. THey ask for ther parents full name and for childrens names and dates of births. They ask if you or your fiancee is using Birth Control etc...If you want kids... just be prepared adn dont get nervous.. I know my issue was that I was not confident in some of my answers casue they made me nervous adn I am not used to interrogations.. Good Luck!