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Help my K1 same sex visa was denied

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Hello,

I went for an interview last monday for my k1 visa, same sex. It was denied due to not showing a bonafide relationship. We submitted pictures, documents showing money transfers 2 times per month, conversations on Facebook as well as phone calls daily. As far as proof was concerned it was all there. They checked on the denial form that it was lack of details showing a bonafide relationship. The CO officer at the very end asked about a visa that my fiancé applied for in 2010. Pre doma. so the application was filed as a nanny visa to come to the US for 3 weeks for the holidays. This was the only thing that we think caused her to deny the application. We reached out to the senators office and also send a note directly to the embassy asking for a second interview with my fiancé in attendance, How long would it take to get a response to this? also, what happens when the application arrives back at the UCIS. do we just reapply or is there something else we can do. We are just sick to our stomachs as there was another line where a 22 year old Filipino man was approved to to marry his 65 year old american fiancé. What are the options we have here? if we were to go to another country and get married there wouldn't we still have an interview? I'm at a loss.. is all lost?

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How often have you met and for how long?

Have you met eachother's families?


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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we have had the picture perfect family, we have a little girl that we have raised together... I'm just at a loss! we submitted anything and everything you can imagine. We speak on the phone 3 times per day, I provide financial support,, we had pictures and everything else you could possibly need.

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we lived together for 10 years, we know each others families. I lived there until post DOMA and returned home in February of 2014.

Were you unlawfully present for more than 1 year in the USA? In addition to being questioned for having a bonafide relationship, unlawful presence makes you inadmissible to the USA.


Check my timeline for K-1 visa & AOS details

Conditional Permanent Resident: 16 September 2014

Conditional GC Expires: 16 September 2016

ROC Journey (CA Service Center)

2016-Sep-14: I-751 form, check, supporting docs sent USPS Priority Express

2016-Sep-15: ROC application received & signed for by Lakelieh

2016-Sep-15: NOA receipt date

2016-Sep-19: $590 check cashed by USCIS

2016-Sep-20: NOA/ 1-year extension letter received in mail

2018-Feb-26: ROC case transferred to local office

2018-Mar-06: ROC approved via USCIS website (WAC status check)

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Ok, wait, I'm confused. So your fiancée went to the interview and was denied? (You wouldn't interview or be denied, because the interview isn't for you.)

Does the 221(g) show denied, or that you need to provide more proof of relationship?

What information did you include in your K-1 VISA application? (List everything.)

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yes, I was not denied but my fiancé was... we had a lawyer guide use through. So we had Everything. the CO ultimately said the paper work was all good and was all there. The only issue was that I had applied for her a b1b2 visa to come back to the US for 3 weeks for the holidays as, I applied under a Nanny visa. This was Pre-Doma. of course that was denied.. you name it in terms of paper work we had it. Pictures, Financial Support, Affidavits to get married once she arrived. My taxes...there was nothing missing with the documentation. Affidadvit of support, Cenomar, Birth Certificates.. conversations on Fb and Sykpe. So what happens after it goes to the USIS? I even called my Sentors offices who send a notice to the embassy in Manila to check into it and see if we could get a second interview with me there this time. Im at a loss.. we did everything we were supposed to do. She ultimately said it was that b1b2 visa. that was the reason for denial.

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the document they gave her showed we did not show a solid relationship. although i lived and worked in Manila for 8 years so we could stay together until the DOMA ruling.. which I had hoped would mean we would be together in my country. They said they were sending it back to the UCIS because of the denial.. what happens then?

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my ultimate frustration is that after living there for 10 years and seeing it ALL the time, Men go over there find a women who they barely know.. get some pictures, petition and its approved! I've lived with her for 8 years does not seem fair. is there anyone who i can reach out to to help here? just seems that the particular CO was using discrimination. In the other line, there was a 22 year old kid who had known his "fiancé" for several months who was 65 and was approved!! its insane and just not fair.

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I will continue to fight, is this something I can bring to the Supreme court? we have been raising a daughter together.. and its not fair for her to be without both parents. Forget the adults.. the only reason I came home to the US is because of the DOMA ruling. Now I am stuck with a job and can't transfer back.... sad situation.

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If I'm understanding this correctly...you were in a romantic relationship with this person back in 2010 when you applied for a "nanny" visa on her behalf to visit you in the US? You see how that would cause some problems, right? If you misrepresented your relationship to the government in the past, it could most certainly have consequences now.

Again, I'm not sure if I got that right, because the story is somewhat confusing.

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There must have been an issue regarding the previously denied B1/B2 visa. A statement or answer in that previous visa application that raised doubts or contradicted the information you now presented in the Fiancé visa application.

You might want to go over the answers you guys gave in the previous nanny visa application and the answers you now gave in the fiancé visa application and compare if there's any inconsistency. If some answers don't match up, that might be what led to the denial now. You might wish discussing with an immigration lawyer how to overcome this issue.

I feel for you and this makes me sad and irritated (at the inherent unfairness of the immigration system) at the same time. Good luck!

Edited by sjk&cjj

Check my timeline for K-1 visa & AOS details

Conditional Permanent Resident: 16 September 2014

Conditional GC Expires: 16 September 2016

ROC Journey (CA Service Center)

2016-Sep-14: I-751 form, check, supporting docs sent USPS Priority Express

2016-Sep-15: ROC application received & signed for by Lakelieh

2016-Sep-15: NOA receipt date

2016-Sep-19: $590 check cashed by USCIS

2016-Sep-20: NOA/ 1-year extension letter received in mail

2018-Feb-26: ROC case transferred to local office

2018-Mar-06: ROC approved via USCIS website (WAC status check)

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that was the only type of visa that was available at the time, this was pre DOMA. I lived and worked in Manila, I was instructed by Philippine legal counsel this was the only option. a B1 b2 visa is also a tourist visa. If that helps..


thank you, I do have a great lawyer.. and he is like, who cares.. people marry their secretaries all the time.. So true..

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