K1 visa denial - File CR1 - Pls. help!!!

[member123 0]

My fiancée got blue sheet for visa denial last week. It said “relationship is a sham entered into solely for immigration purpose”. Its not true, because we have been in relationship for more than a year, talking everyday and having a lot of proofs. I have been travelled 2 times to see her and had engagement.The point was my fianceé didn’t know how I sponsored my ex wife (about 9 years ago)

May I ask:

1. On blue sheet, it said: If USCIS revokes the petition, beneficiary may become ineligible for a visa under section 212(a)(6)©(i)? What does it mean?

2. Pls. tell me what i should do next?

3. Do you think it’s success for visa if I start to fill on CR1 for her?? We are unable to have a baby. I love her very much and I need her here with me no matter what.

4. I used to sponsored K1 visa for ex-wife 9 years ago and I divorced couple years later. Is it a red flag?

Anyone was in this situation, pls. help

[islandgal 74]

My fiancée got blue sheet for visa denial last week. It said “relationship is a sham entered into solely for immigration purpose”. Its not true, because we have been in relationship for more than a year, talking everyday and having a lot of proofs. I have been travelled 2 times to see her and had engagement.The point was my fianceé didn’t know how I sponsored my ex wife (about 9 years ago)

May I ask:

1. On blue sheet, it said: If USCIS revokes the petition, beneficiary may become ineligible for a visa under section 212(a)(6)©(i)? What does it mean?

2. Pls. tell me what i should do next?

3. Do you think it’s success for visa if I start to fill on CR1 for her?? We are unable to have a baby. I love her very much and I need her here with me no matter what.

4. I used to sponsored K1 visa for ex-wife 9 years ago and I divorced couple years later. Is it a red flag?

Anyone was in this situation, pls. help

Seems like your question # 4 was a major bright red flag.

[member123 0]

My fiancée got blue sheet for visa denial last month. It said “relationship is a sham entered into solely for immigration purpose”. Its not true, because we have been in relationship for more than a year, talking everyday and having a lot of proofs. I have been travelled 2 times to see her and had engagement.The point was my fianceé didn’t know how I sponsored my ex wife (about 9 years ago)

May I ask:

1. On blue sheet, it said: If USCIS revokes the petition, beneficiary may become ineligible for a visa under section 212(a)(6)©(i)? What does it mean?

2. Do you think it’s success for visa if I start to fill on CR1 for her?? We are unable to have a baby. I love her very much and I need her here with me no matter what.

3. What should I do for next step?

4. I used to sponsored K1 visa for ex-wife 9 years ago and I divorced couple years later. Is it a red flag?

Anyone was in this situation, pls. help me!!!

[canadian_wife 1,791]

Was your first wife from the same country as your current wife?

Marrying does not undo the reason for the denial. I suggest you figure out the root of the denial and fix that before you refile

Good luck

[member123 0]

Thank you! my fiancee and ex- wife are coming from different countries.

[canadian_wife 1,791]

What country is your wife currently from?

Good luck

[VinceN 25]

Seems like your question # 4 was a major bright red flag.

In my opinion, that's not just a bright red flag, it's almost an automatic denial.

3. Do you think it’s success for visa if I start to fill on CR1 for her?? We are unable to have a baby. I love her very much and I need her here with me no matter what.

Not like having a baby would make any difference with your visa result, but why did you mention the titbit about not being able to have a baby? I suspect it’s b/c of huge misconception of having a baby is a sure approval you’ve heard from others. I had scammers telling me the something when I first started my process.

Edited June 5, 2012 by VinceN

[ScottThuy 140]

Jim will chime in on this soon enough as he is one who is very familar with the legalities of the accusation of fraud and the P6c marker associated with it...(not first hand, but he has done the research)

here is some important reading for you-

http://www.visajourney.com/forums/topic/265128-p6cs-department-of-states-war-on-love-logic-law/page__p__4064661__fromsearch__1#entry4064661

http://www.visajourney.com/forums/topic/245030-k1-noids-at-california-service-center/page__p__4589901__fromsearch__1#entry4589901

http://www.visajourney.com/forums/topic/262804-sham-help/page__p__4034170__fromsearch__1#entry4034170

[member123 0]

she cames from Vietnam

[Boiler 43,502]

That is a Consulate that deals with a lot of fraud.

[Penguin_ie 5,986]

**** two topics on the same issue merged. PLease do not start more than one topic on an issue/ question ****

[BlueBonnet 84]

I dont believe that #4 was the reason for a flat out denial. There are many members who have brought over previous spouses and had divorces and brought over someone else later and have been approved. I think however if it was habitual it could be viewed like that, but not just once.

I dont know if vietnam is high fraud, Im going to have to just agree with the other replies that it is, and when you are dealing with high fraud consulates you need to really lay on the proof. Did you go with her to the interview ? I think that wouldve helped alot if you hadnt.

Just because you have been denied doesnt mean that you cant refile, it just means that THAT petition is dead as of now ( if you dont appeal the decision ). If you want to attempt an appeal I suggest a lawyer.

The other course of action that you could take is to marry her and refile the CR1, but there is a chance that that too can be denied.

When my husband I first started talking about whom should move to whom, we decided on the USA, but we had a back up plan. If I was denied then I would file to move him to me. Have you considered that ? Have you thought about moving to her, I mean if you are willing to relocate her, its only fair that you also are willing to relocate.

[AmyWrites 593]

Where are you from? By your language it seems like English isn't your native tongue... so maybe if you're a naturalized USC or something and you brought someone else on a K-1, divorced them, and now this it'll look more like fraud.

Otherwise, is it really such a big deal to have previously brought someone over on a K-1? People divorce all the time.

[lovebirds85 12]

In my opinion, that's not just a bright red flag, it's almost an automatic denial.

Not like having a baby would make any difference with your visa result, but why did you mention the titbit about not being able to have a baby? I suspect it’s b/c of huge misconception of having a baby is a sure approval you’ve heard from others. I had scammers telling me the something when I first started my process.

Come on ... nowadays unfortunately a lot of people got divorced. Do you mean that if you are divorced you are not allowed to marry again

May be she wasn't aware that he was married before at all

[Caryh 5,206]

Jim will chime in on this soon enough as he is one who is very familar with the legalities of the accusation of fraud and the P6c marker associated with it...(not first hand, but he has done the research)

here is some important reading for you-

http://www.visajourney.com/forums/topic/265128-p6cs-department-of-states-war-on-love-logic-law/page__p__4064661__fromsearch__1#entry4064661

http://www.visajourney.com/forums/topic/245030-k1-noids-at-california-service-center/page__p__4589901__fromsearch__1#entry4589901

http://www.visajourney.com/forums/topic/262804-sham-help/page__p__4034170__fromsearch__1#entry4034170

Ouch thats some tough reading. If they decide you're intelligible you're immediately marked as committing material fraud for applying? That should be overturned!