Previously denied visa in hand during second petition?

[mikemikey 0]

Hello Everyone,

Does anyone know if the consular officer who conducts the interview has the previously denied visa application in hand with them when they review the current petition? In my case, I was denied a fiance visa in 2011 due to financial reasons but we got married this year and am planning to do a petition for alien relative (spousal visa).

My main question is whether they are consistently referencing both applications for dates and such or are they mainly concerned only with the reason for the previous visa denial.

Any help is appreciated, thanks!

[X Factor 1,110]

Make sure you are consistant in your answer and assume that they have all your previous information.

[mikemikey 0]

I should have mentioned that this was the for the petition of my fiance/wife who is based in the Philippines. Anybody have personal experience as to whether the consular officer at the US consulate in the Philippines actually reviewed both petitions or only the second petition?

Make sure you are consistant in your answer and assume that they have all your previous information.

[dwheels76 5,459]

Hello Everyone,

Does anyone know if the consular officer who conducts the interview has the previously denied visa application in hand with them when they review the current petition? In my case, I was denied a fiance visa in 2011 due to financial reasons but we got married this year and am planning to do a petition for alien relative (spousal visa).

My main question is whether they are consistently referencing both applications for dates and such or are they mainly concerned only with the reason for the previous visa denial.

Any help is appreciated, thanks!

Yes of course they would have that information. When you say financial reasons do you mean the I-134 guidelines weren't meet?

When couples are denied long as they address the reason for denial and fix it or do something about it. Shouldn't be a problem unless other issues arise.

[Harsh_77 716]

All of your previous applications are on file including approval and denial.

[mikemikey 0]

Yes, I did not meet the income requirement and an affidavit of support was not allowed in the case of the fiance visa. It has been over a year and I still do not meet the requirements

Yes of course they would have that information. When you say financial reasons do you mean the I-134 guidelines weren't meet?

When couples are denied long as they address the reason for denial and fix it or do something about it. Shouldn't be a problem unless other issues arise.

[dwheels76 5,459]

Yes, I did not meet the income requirement and an affidavit of support was not allowed in the case of the fiance visa. It has been over a year and I still do not meet the requirements

So what will you do different this time? Do you have a co-sponsor now? Have you filed your I-130 or where are you in the process? You said its a year later.

But I guess your original question was answered. Yes they will have and do review all previous petitions. Because when you are denied they go back to see have you fixed or make it better what got you denied. Thats usually how it works.

[pushbrk 12,106]

Make sure you are consistant in your answer and assume that they have all your previous information.

Exactly. On the other hand, if there are lies in the first case file, don't repeat them.

[NigeriaorBust 4,087]

If there are things you lied about on your first petition that will come to light in this one it can lead to trouble ( such as you were really married when you applied for the K1 )

[pushbrk 12,106]

If there are things you lied about on your first petition that will come to light in this one it can lead to trouble ( such as you were really married when you applied for the K1 )

Any lie during the first case is a problem, big problem.

[JohnR! 5,495]

Yes, I did not meet the income requirement and an affidavit of support was not allowed in the case of the fiance visa. It has been over a year and I still do not meet the requirements

Yes, they have the complete information about the first petition, that was denied. On the brighter side, you already know what the issue was and as you file for hte CR/IR process, make sure you get a co-sponsor for the I-864 which will be required, in addition to your own. Regardless of your income, you will need to sign a I-864 and you will need a co-sponsor to sign another one.

It is really not a big deal, as long as the co-sponsor resides in the US full time and meets the required income.

Good luck and congratulations!

[pushbrk 12,106]

Yes, they have the complete information about the first petition, that was denied. On the brighter side, you already know what the issue was and as you file for hte CR/IR process, make sure you get a co-sponsor for the I-864 which will be required, in addition to your own. Regardless of your income, you will need to sign a I-864 and you will need a co-sponsor to sign another one.

It is really not a big deal, as long as the co-sponsor resides in the US full time and meets the required income.

Good luck and congratulations!

You're new here, so it's understandable you would want to be positive. However, this kind of question is not about the affidavit of support. It's about something that was misrepresented in the first filing or something they are wondering if they can get away with lying about this time.

Edited August 16, 2012 by pushbrk

[JohnR! 5,495]

You're new here, so it's understandable you would want to be positive. However, this kind of question is not about the affidavit of support. It's about something that was misrepresented in the first filing or something they are wondering if they can get away with lying about this time.

Thanks for the heads up. What did the OP misrepresent or lie about, precisely?

[pushbrk 12,106]

Thanks for the heads up. What did the OP misrepresent or lie about, precisely?

We don't know. Several have asked but there has been no response.

I'm referring to this part of the opening post. "My main question is whether they are consistently referencing both applications for dates and such or are they mainly concerned only with the reason for the previous visa denial. "

There's no reason to ask such a question unless they expect "consistently referencing both applications..." will reveal a conflict. That means either something was incorrect the first time or they were considering misrepresenting something this time.

In life, we often learn more from the questions people ask than the answers they provide.

[Cesar & Cata 35]

We don't know. Several have asked but there has been no response.

I'm referring to this part of the opening post. "My main question is whether they are consistently referencing both applications for dates and such or are they mainly concerned only with the reason for the previous visa denial. "

There's no reason to ask such a question unless they expect "consistently referencing both applications..." will reveal a conflict. That means either something was incorrect the first time or they were considering misrepresenting something this time.

In life, we often learn more from the questions people ask than the answers they provide.

Yea, this doesn't sound right.

Hopefully the OP didn't lie in his first attempt thorugh the K1. But if he did, I am sure he is now trying to figure a way to file the second petition based on that first rlie. That is a horrible situation, sooner or later they WILL find out, recently read a story here about a person that got denied USC and is being investigated now for lies about wedding dates.