Previous K1

[Jazel Stickel 0]

I have a friend who had a USC boyfriend in 2004, who filed a K1 and approved, but in an interview she was refused in 2007 because she was still married, too late for her to back up when she found out her cenomar... but then, her ex died the same year and too late for her again to find out because they have no communication for almost 6 years. Now, she had a boyfriend he is USC and married her here in Philippines, she got death certificate from NSO. The question is her previous K1 can be a problem to her I-130? Her husband filed spouse and this might be able to affect their I-130?

[Boiler 43,859]

What do you mean found out about the Cenomar.

She did not know she was married?

[belinda63 2,990]

Depends if they consider her failure to report her marriage during her first K-1 and her lying about her being "free to marry" as a material misrepresentation. I don't know how someone could not know they were married.... She may have a life-time ban against her for her failure to be honest the first time around.

[Jazel Stickel 0]

Depends if they consider her failure to report her marriage during her first K-1 and her lying about her being "free to marry" as a material misrepresentation. I don't know how someone could not know they were married.... She may have a life-time ban against her for her failure to be honest the first time around.

She thought it wasn't valid...I don't know exactly.

[dwheels76 5,463]

I have a friend who had a USC boyfriend in 2004, who filed a K1 and approved, but in an interview she was refused in 2007 because she was still married, too late for her to back up when she found out her cenomar... but then, her ex died the same year and too late for her again to find out because they have no communication for almost 6 years. Now, she had a boyfriend he is USC and married her here in Philippines, she got death certificate from NSO. The question is her previous K1 can be a problem to her I-130? Her husband filed spouse and this might be able to affect their I-130?

The K1 in itself wouldn't be a problem because she was denied because they say she was married. What I like to know is WHO was she considered married to? The fiance'? This does happen especially Nigeria where a fancy engagement party or traditional wedding (Not official) takes place and the embassy thinks they really are married.

Is this the situation? I pray she didn't lie on any form or anything.

[Boiler 43,859]

She thought it wasn't valid...I don't know exactly.

Ask her and let us know. Or better still she should join.

Third hand information especially incomplete helps nobody.

[Jazel Stickel 0]

Her new husband married her here in the Philippines, and in the Philippines required to get all documents from NSO, but her previous K1 was denied. You can not marry in the Philippines specially if the wedding conducted by the City Mayor. She had her Cenomar attached the death certificate of her ex. But her concern is, her denied K1 might affect their I-130? that's her concern.

[belinda63 2,990]

The answer is yes, it might affect her current I-130. Although she is legally married to her current spouse the misrepresentation on the K-1 application might be viewed as a material misrepresentation on her part. Since she stated she was not previously married and she stated she was free to marry, both of which were not true, this could be applied to her situation. A material misrepresentation to gain immigration benefits can carry a life-time ban from the US.

[Boiler 43,859]

On the basis of very incomplete information supplied it would seem reasonable that she is concerned.

[biaobiao 40]

it might affect a new application. try contacting a lawyer for help.

[CajunKitty 8]

She thought it wasn't valid...I don't know exactly.

What was her basis that she thought her first marriage was invalid?

[Boiler 43,859]

My guess is that because she wanted it to be.

[Tahoma 2,291]

The Embassy probably sent the K-1 petition back to the USCIS with a fraud marker on it.

My prediction is that she's going to have a rough time with the I-130.

[dave01 16]

I have a friend who had a USC boyfriend in 2004, who filed a K1 and approved, but in an interview she was refused in 2007 because she was still married, too late for her to back up when she found out her cenomar... but then, her ex died the same year and too late for her again to find out because they have no communication for almost 6 years. Now, she had a boyfriend he is USC and married her here in Philippines, she got death certificate from NSO. The question is her previous K1 can be a problem to her I-130? Her husband filed spouse and this might be able to affect their I-130?

I usually tell people not to waste time and money getting a lawyer but in this case I would strongly suggest that you get one. You need to find out exactly what was put in her file as far as the denial is concerned. If it was denied for misrepresentation she may have a hard time getting to the US, if ever

[Tahoma 2,291]

I have a friend who had a USC boyfriend in 2004, who filed a K1 and approved, but in an interview she was refused in 2007 because she was still married, too late for her to back up when she found out her cenomar...

^^^ Not true. She could have backed out before her interview. As soon as she got her CENOMAR, she knew that she needed to get an annulment.

From the Embassy's perspective, she misrepresented herself on her G-325a, DS-156, DS-156K, DS-157, and DS-230.