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

[VinceN 25]

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

Scammers also get divorced after couple of years of bringing their client over, what's your point?

Do you have any idea how difficult the Vietnam consulate is or how high the fraud rate is for this consulate? I was speaking from the perspective of any CO that work at this consulate, the fact that OP did a k-1 and divorced a couple of years later reek of scam. Again, I'm speaking from the CO's perspective, which main job is to weed out scammers.

Now for the sake of argument and let's say she wasn't aware of the fact that he was married. That opens a whole new can of worm. If you're marrying somebody and have no idea they were married before then you have bigger problems on your hand.

Edited June 5, 2012 by VinceN

[WeatherEmperor 21]

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

Hello,

I saw on your Time Line that you are dealing with the US Consulate in Vietnam. That explains why your case was denied because this Consulate deals with high volumes of fraud each year and they are aggressive to prevent fraud...even if it comes at the expense of innocent people.

I will let other members comment on your question 1 and 2. For question 3, try not to think ahead too much. A CR1 visa will not solve the problems you have. You need to get a sheet of paper and write down all of the red flags in your case that caused the K1 visa to be denied. For example, if the Consulate denied your K1 visa because they believe your relationship is a sham entered solely for immigration purposes, you need to provide evidence and proof that it is NOT a sham. Show them proof that your relationship is real regardless if you do another K1 or if you decide to do a CR1.

For question 4, that is a major red flag. To make matters worse, your fiancee did not know that you sponsored another girl years ago and the Consulate in Vietnam does not like this at all. There are a lot of members in this forum that were previously married and got their K1 approved so they will be able to talk you through what kinds of proof you will need to put with your new visa petition. I will send a PM to Jim (JimVaPhuong) to give you some advice. Just take a deep breath and we will try to help you with this okay?

Edited June 5, 2012 by WeatherEmperor

[bestofboston 36]

If you go there and get married, then you would have a better chance bringing her here on a I-130 IR1/CR1 visa but it will take another year plus to get her here.

[Sandra G. 5,021]

INA § 212(a)(6)©(i) is regarding fraud or misrepresentation. This decision is made when someone by fraud or willfully misrepresent a material fact trying to obtain a visa. On man she is in trouble, if you get married she will need to submit a waiver of grounds of inadmissibility to overcome this decision. Did she apply for another kind of visa before?

Edited June 5, 2012 by sandranj

[quann 26]

like the vn co, i'm just going to assume it's a scam also going by what the op has chosen to divulge about his situation.

prior k-1 and quick divorce...any other sensible person would probably try to avoid that situation again. but here were are throwing our hat into the ring again, and having known his new love for over a year and visiting her a whopping 2 time he's ready to ride that horse again.

OP if your deal is legit the CO is probably doing you a favor by rejecting you right now so you are forced to get to know your new fiancee a lil better. and whatup with the new girl not knowing you had a prior K-1/marriage/divorce? if that was the first question they asked the interview probably lasted like 10 sec...

[ScottThuy 140]

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!

For the most part yes.. Once the case file gets labeled as fraud with a P6c marker, that becomes a huge hurdle...

If you go there and get married, then you would have a better chance bringing her here on a I-130 IR1/CR1 visa but it will take another year plus to get her here.

This is VERY BAD advice when it comes to the VN consulate... The issue must be addressed first... it is not just a matter of filing another petition because this one does not go away.

[ScottThuy 140]

OP,

#1 If USCIS agrees with the label of fraud, and revokes the petition, then that is an issue... She would need a waiver to get a visa approved once the fraud has been stamped on the case.

#2. Contact Marc Ellis as he has dealt with this before... trying to save money now could cost you alot of time and heartache in the long run...

#3 Not an option at this point.. You have to ride this one out until you address the P6c...

#4 Huge red flag given that your fiance had no knowledge of it... The CO expects your future spouse to know everything about you.. including what side of the bed you sleep on and what style of underwear.. so knowing about an ex wife is HUGE...

[frank_jhen_01 2]

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

after reading this something popped in my mind and im a little bit confused. well i read about just being with the benefeciary for 2-3 days. well my case is this, i was with her my fiance in the philippines from september 2011-jan 2012, she was doing her nursing review and took the nursing board exam dec 19-21. well we didn't go out that much but as soon as she got done with her exam we went to baguio for a week and that's all our pictures were taken and that's what i used as evidence as of meeting.. is this going to be a problem since it's only a short of time? but now we are talking constantly through skype and fb chats....

[ScottThuy 140]

VN- PI apples and oranges as to how they handle cases...

Edited June 6, 2012 by ScottThuy

[member123 0]

Hello,

I saw on your Time Line that you are dealing with the US Consulate in Vietnam. That explains why your case was denied because this Consulate deals with high volumes of fraud each year and they are aggressive to prevent fraud...even if it comes at the expense of innocent people.

I will let other members comment on your question 1 and 2. For question 3, try not to think ahead too much. A CR1 visa will not solve the problems you have. You need to get a sheet of paper and write down all of the red flags in your case that caused the K1 visa to be denied. For example, if the Consulate denied your K1 visa because they believe your relationship is a sham entered solely for immigration purposes, you need to provide evidence and proof that it is NOT a sham. Show them proof that your relationship is real regardless if you do another K1 or if you decide to do a CR1.

For question 4, that is a major red flag. To make matters worse, your fiancee did not know that you sponsored another girl years ago and the Consulate in Vietnam does not like this at all. There are a lot of members in this forum that were previously married and got their K1 approved so they will be able to talk you through what kinds of proof you will need to put with your new visa petition. I will send a PM to Jim (JimVaPhuong) to give you some advice. Just take a deep breath and we will try to help you with this okay?

Thank you very much. Actually, I need your help and advice from Jim too

[member123 0]

OP,

#1 If USCIS agrees with the label of fraud, and revokes the petition, then that is an issue... She would need a waiver to get a visa approved once the fraud has been stamped on the case.

#2. Contact Marc Ellis as he has dealt with this before... trying to save money now could cost you alot of time and heartache in the long run...

#3 Not an option at this point.. You have to ride this one out until you address the P6c...

#4 Huge red flag given that your fiance had no knowledge of it... The CO expects your future spouse to know everything about you.. including what side of the bed you sleep on and what style of underwear.. so knowing about an ex wife is HUGE...

Thank you for your comments

1. How long we got to wait for waiver?

2. Can you pls. give me info about Marc Ellis?

[member123 0]

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

Thank you Scot Thuy. How can i contact with Jim for his advice, pls.?

[ScottThuy 140]

Thank you for your comments

1. How long we got to wait for waiver?

2. Can you pls. give me info about Marc Ellis?

http://www.visajourney.com/forums/user/6473-ellis-island/

A waiver is only needed later down the line if the petition is revoked

[member123 0]

http://www.visajourney.com/forums/user/6473-ellis-island/

A waiver is only needed later down the line if the petition is revoked

Thank you very much, Scott. Have a nice day!!

[JimVaPhuong 4,863]

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

Sorry, I've been really busy the past few days and haven't been able to to check in. I got a couple of PM's to look at this thread.

You've already gotten some very good advice, and links to some threads containing a lot of information.

1. According to Marc Ellis, the consulate in HCMC has started including this statement on their denial letters. They are aware of the potential consequences of a denial under paragraph 6C of INA 212, and they received a lot of criticism for not giving the beneficiary a heads up about what they were facing, so they began adding that statement. The links provided earlier in this thread give some detailed information about this.

In a nutshell, the consulate has sent the petition back to USCIS with a recommendation that the approval of the petition be revoked. Their reasoning is that the relationship exists primarily for the purpose of evading immigration law, which means that (in their opinion) the beneficiary was never really eligible for a visa, and the petition should never have been approved. The beneficiary's file is flagged with a marker that Marc and other immigration lawyers refer to as a "P6C marker", because it refers to paragraph 6C of INA 212 - the section on material misrepresentation; i.e., fraud. If the approval of the K1 petition is revoked then the P6C marker becomes a finding of fact - your fiancee will be guilty of fraud in the eyes of the US government. This will make her permanently inadmissible to the United States unless you can overcome the inadmissibility with an I-601 waiver. Those waivers are hard to get, so you want to do whatever you can to avoid this happening. If you receive a notice from USCIS that they intend to revoke the approval of the K1 petition then you must respond with evidence.

2. The Vermont Service Center will probably readjudicate your returned petition. You can't stop that process. An accusation has been made against your fiancee, and they won't take any other action on that petition until a decision has been made about that accusation. You could send a letter withdrawing the petition, but they wouldn't withdraw it until they reaffirmed it. You could send another K1 petition, but that won't be approved until the first K1 petition has been closed. You could marry and file a CR1 petition. They would approve that petition, but your fiancee won't get an interview until the K1 petition is closed. If the consulate receives the CR1 petition before a decision is made on the K1 petition then they'll sit on it until the K1 petition is closed.

Most people in this situation go ahead and get married and file a CR1 petition. If you choose to do this just be aware that she's not going to get the visa until a final decision is made on the K1 petition, and be prepared to respond with a truckload of evidence if you get a Notice Of Intent to Revoke (NOIR) for the K1 petition. You want to prevent the approval of that petition from being revoked.

3. This has been covered extensively in this thread. The issues that caused the K1 visa to be denied will also be issues in getting a CR1 visa. You have to address these issues.

4. Yes, this is an issue. The consulate suspects you may be using your status as a US citizen to act as a personal immigration portal. The fact that your fiancee wasn't aware that you'd sponsored your ex-wife strongly confirms that suspicion to the consulate.

There are several issues here. Your previous K1 alerted the consular officer to the possibility that you might be hooking up with foreigners just to help them immigrate to the US.

You made only two trips to Vietnam and got engaged. How long did you stay each trip? How much time elapsed between the trips? How much time went into preparing for your engagement ceremony? Did anyone else from your family travel to Vietnam for the engagement ceremony? Was the ceremony formal, or informal? How many people attended the party afterward? The consulate tends to frown on "modern relationships" unless they're convinced they are genuine. The much prefer people who follow Vietnamese traditions, and who take those traditions seriously. They don't like to see engagement ceremonies that are put together in a hurry, that are overly informal, and that don't involve a celebration with a large number of people (typically over 100). They like to see one or more members of the petitioner's family attend the ceremony since it represents a connection between two families and not just two people.

The consulate also likes to see relationships that develop over a period of time. Nothing will set them off faster than someone who meets their Vietnamese fiancee on the internet, travels to Vietnam the following month, has a hastily arranged engagement ceremony, and files an I-129F as soon as they return to the US. The more time you invest in the relationship, and the more trips you make to see your fiancee, the more convinced they will be that the relationship is sincere. Trying to rush things at the consulate in HCMC is the kiss of death.

Here is the contact info on Marc Ellis' website:

http://www.marcellislaw.com/contact.html