Visa K3 Dinied now what??

[Yodrak 7]

twood2k,

Let's recognize that the K3 and the I-130 are two different animals - the former is a visa, the latter a petition to qualify to apply for a visa. There is nothing to compare.

If you want to compare, compare K3 with the corresponding immigrant visa application and interview (CR1 or IR1), or compare I-130 with the corresponding non-immigrant petition (I-129f).

Yodrak

sigh.. like someone else noted.. the K-3 and I-130 are probably mutually exclusive when it comes down to the process and interview. If they can prove their ties legally and however else is expected.. then they still might have a chance with the I-130.

...

[morocco4ever 63]

I am still waiting to find out WHY they decided the marriage wasn't legit. I am sure they gave your wife some reasoning, or perhaps she was able to deduce this herself based on the questions asked.

If you are going through this again and don't have a better plan then you probably SHOULD start packing.

Please explain the details.

Most consulates will not tell you the reasons behind their decision. My senator was able to find out that they didn't believe the marriage was real, but wouldn't give specifics. I did find out when they reviewed our case. Here is their list of reasons for our denial:

1-Petitioner married Applicant shortly after meeting the first time.

Rebuttal-I had known him online for a year. A headset and webcam and talking together on a daily basis was enough proof to us that we were in love and wanted to get married.

2-They had a small wedding.

Rebuttal-My vacation time available was for 2 weeks and 5 days, the approval to marry took 2 weeks and 1 day, hardly time to plan an elaborate wedding. Besides, a large wedding is a personal decision.

3-There were no family or friends at the wedding.

Rebuttal-There were indeed, and I have pictures to prove it.

Its really sad, if the consular officer had only asked my husband these questions, he had the answers along with physical proof, we all could have been saved this past year+.

The plus is that we proved our case with the department of homeland securities and our application is back at the consulate waiting for another interview. I know of 3 other couples that have also had their cases reaffirmed, and got the visa, so all is not hopeless.

wow, if we had to follow those rules in the USA??? most could not be married and live together!

Exactly! A lot of cases are sent back for reasons that have no grounds. My guess is that they doubt the validity, and rather than take the time to research it they just send it back. If a marriage is real it will last out this lengthy process, if not it will disolve on its own, so they won't have to do anything.

One thing I should mention, in the interview they asked my husband if he had family in the US. He said yes, an ex brother in law and sister. They got confused with this and thought that these 2 were actually married, so he tried to explain that the ex was married to a different sister and the sister is still married to the petitioner. But the damage was done and he didn't believe him. They actually asked him if his sister arranged our marriage...lol

I believe the reason for the denial was based more on this information and our age difference. I think that they learned later that what he said about his sister was true, so it wasn't brought up. I also believe that many posts send back petitions for the age difference. In my rebuttal letter I covered everything and anything I could think of...lol

[TracyLuis 0]

OK...this thread is starting to freak me out a little. My husband and I married just 2 months after we met. We had a civil ceremony here in Texas with family in attendance. Then we had a large, formal wedding in Lima last March. We also attended pre-marital counseling with my minister while Luis was here in the States with me, and a letter from my minister addressing this. On top of all this, there are literally hundreds of photos showing Luis and I at both of our ceremonies and with both of our families.

I'm wondering if I should do the letter thing now, too???

[Libersolis 0]

I think a lot of people married quickly on here, simply due to the nature of being in love with someone so far away. We aren't granted the luxury of dating someone for years and seeing them everyday. We often have to make quick, decisions that we might not have to had made were we perhaps granted easier access to those we love.

Morroco I am really sorry to hear what has happened to you over the past two years. It's a damn shame really that the interview was conducted in such a pathetic manner and that your husband wasn't allowed to present his side of the story in a more effecient manner.

You know what is kind of sad about all of this? My mother actually married a man 40 years older than herself in order to basically inherit his money when he died so she could have it for herself and the man she was really in love with ( who didn't love her) and that sort of thing is just allowed to go on, while good legit marriages are scrutinized because someone happens to be from a different country.

OK...this thread is starting to freak me out a little. My husband and I married just 2 months after we met. We had a civil ceremony here in Texas with family in attendance. Then we had a large, formal wedding in Lima last March. We also attended pre-marital counseling with my minister while Luis was here in the States with me, and a letter from my minister addressing this. On top of all this, there are literally hundreds of photos showing Luis and I at both of our ceremonies and with both of our families.

I'm wondering if I should do the letter thing now, too???

I think in her case a great deal of the scrutiny was a result of the fact that she married a middle eastern man and there was an age difference issue.

Edited October 11, 2006 by Libersolis

[TracyLuis 0]

You're right about that, Libersolis. We were advised that we could be together sooner if we had a legal U.S. marriage as opposed to one overseas. At that time, we were completely ignorant of this whole process. We were just desperate to not have to be separated any longer than necessary. It would be absolutely devastating if we were denied on the grounds of being married so soon after we met OR for the fact that he has a sister living in Houston.

I'm already a nervous wreck about the interview in 2 weeks....now this?!?

I should really have more Faith that what's meant to be will be and stop worrying so much.

[Libersolis 0]

Your situation sounds very similar similar to mine Tracy, I haven't yet had a big party with my wife's family but I did have a great visit and saw some unique animals and some great landscape.

I am going to be there for a month and half so we can spend Christmas together, and maybe just maybe the interview will be during that time so I can attend.

I you attending the interview with your husband or does Peru not allow that?

[morocco4ever 63]

Thanks for the heads up. If I were to write them a letter how exactly would I address it and for what purpose would I tell them I am writing and and when would I write it?

Our wedding was indeed small and lovely but was attended by family and a few friends and we are actually having a party when she returns. We also had a wedding reception at my aunts house and tons of photos plus pictures of our honey moon and lots of other places.

I have heard that South Africa is a relatively easy consulate to go through. I am totally puzzled as to why the person interviewing your husband didn't ask these basic questions to him, if his job is to try and make a judgement based on evidence presented.

I would state it something like this:

Dear consulate,

I would like to thank you for giving my husband/wife the opportunity to show you our evidence of our love and marriage. If I may, since I am not able to be a part of the interview, I would like to share a little of our history with you........

Tracy,

Oh now, don't get too concerned. Our case was simply under more scrutiny than most for exactly the reasons Libersolis stated. And to be honest with you, it should be.

They aren't going to deny everyone that had a small wedding, that would simply be the majority of the applicants. You have to weigh out your red flags. If they are big enough you need to prepare for a tough interview. A small wedding is not a big thing, but a small wedding with a big age difference (the woman older than the man) raises the level quite a bit. A small wedding, big age difference, middle eastern man...whoa...fireworks!

Prepare well and you will be fine. Oh yeah, and be glad you aren't going through Casablanca...

Edited October 11, 2006 by Morocco4ever

[TracyLuis 0]

Thanks, Morocco! I've heard some very encouraging interview experiences from those who have gone through Lima. And our circumstances are much different than others who have been denied, so I'll try not to worry

And yes, Libersolis, I will be attending the interview with my husband. It is strongly encouraged that both the applicant and beneficiary go to the interview in Peru. And I look at it as another opportunity to spend time in a magnificent city with my amazing new family (in-laws)!! I CAN'T WAIT!!!

My hubby and I are the same age, and we had a large, formal wedding in March. Besides, we are so completely in love, the CO would be hard-pressed to find any reason to doubt our union

[twood2k 0]

twood2k,

Let's recognize that the K3 and the I-130 are two different animals - the former is a visa, the latter a petition to qualify to apply for a visa. There is nothing to compare.

If you want to compare, compare K3 with the corresponding immigrant visa application and interview (CR1 or IR1), or compare I-130 with the corresponding non-immigrant petition (I-129f).

Yodrak

sigh.. like someone else noted.. the K-3 and I-130 are probably mutually exclusive when it comes down to the process and interview. If they can prove their ties legally and however else is expected.. then they still might have a chance with the I-130.

...

Would mutually exclusive cover that? oh well, I give up.

[Yodrak 7]

twood2k,

They are not mututally exclusive.

- Can't submit an I-129f for a spouse without an I-130 is pending.

- Can apply for a CR1 or IR1 visa even though a K3 visa has been issued (although the reverse is not true).

The immigrant and non-immigrant approaches are parallel paths, with cross-over points. Must start on the immigrant path, but can travel both for a while and then finish on either.

Yodrak

twood2k,

Let's recognize that the K3 and the I-130 are two different animals - the former is a visa, the latter a petition to qualify to apply for a visa. There is nothing to compare.

If you want to compare, compare K3 with the corresponding immigrant visa application and interview (CR1 or IR1), or compare I-130 with the corresponding non-immigrant petition (I-129f).

Yodrak

sigh.. like someone else noted.. the K-3 and I-130 are probably mutually exclusive when it comes down to the process and interview. If they can prove their ties legally and however else is expected.. then they still might have a chance with the I-130.

...

Would mutually exclusive cover that? oh well, I give up.

Edited October 11, 2006 by Yodrak

[alix 20]

Wow...I am not going to worry...but I also had a small wedding only 3,5 months after meeting my husband. His family was there and a couple of his friends. We decided to do it because he was transfered to Japan and we didn´t want to be apart (imagine travelling Tokyo-Rio every few months!!). We also didn´t know how long he would have to stay in Japan, so we only applied for the I-130 six months after our wedding, when we decided we wanted to move back to the US. We also had a wedding party in May for my family and friends in Brazil. We have tons of pictures with family and friends, and trips we took in the US and abroad. I hope that´s enough proof that we have a real marriage!

Morroco, I am keeping my fingers crossed for you! You are a true fighter!

[morocco4ever 63]

Wow...I am not going to worry...but I also had a small wedding only 3,5 months after meeting my husband. His family was there and a couple of his friends. We decided to do it because he was transfered to Japan and we didn´t want to be apart (imagine travelling Tokyo-Rio every few months!!). We also didn´t know how long he would have to stay in Japan, so we only applied for the I-130 six months after our wedding, when we decided we wanted to move back to the US. We also had a wedding party in May for my family and friends in Brazil. We have tons of pictures with family and friends, and trips we took in the US and abroad. I hope that´s enough proof that we have a real marriage!

Morroco, I am keeping my fingers crossed for you! You are a true fighter!

Awww thanks, your too kind.

You know I don't really come this board any more for advise, I think I should try my hand as an immigration lawyer for married couples... I just hope to help others to avoid what we have been through.

It sounds like you have a strong case, you should breeze through this process.