Help my K1 same sex visa was denied

[sma1488 155]

I also sympathize with you and your situation. However, my original point still stands. If you said she was your nanny four years ago just to try to get her into the US on a tourist visa, and now you're saying she's your fiancée...which is it? That's how the CO probably saw this situation.

[a@c 3]

i did maintain a presence in the US, i have been paying taxes here since i can remember. I was home almost every quarter...so not sure that makes a difference. We are caught between rock and a hard space. BUT i will not give up, it really pisses me off to see people go over there meet and man or women and know then 2-3 months and then get approved!! so unfair..

she was always my fiancé, so the legal advice.. right wrong or in different.. at the time DOMA did not exist.

[zuluweta 250]

If you've been reading this forum, most denied petitions die a natural death. Most likely, you will need to file a new fiancé petition. But then there's still that matter with the possible misrepresentation involving the nanny visa.

You could try getting married in Brazil then refiling this time for a spousal visa. I say Brazil because out of all the countries with same-sex marriage, it does not require a visa for your Fiancé in the Philippines. She could easily enter Brazil visa-free as a tourist then get married with you. You, on the other hand, as the US citizen, will need to apply for a tourist visa to Brazil.

If there is any misrepresentation issue associated with the nanny visa, there might be a waiver available to your future spouse. Best for you to speak with a US immigration lawyer.

[a@c 3]

thank you! that makes sense..appreciate it!

[sma1488 155]

i did maintain a presence in the US, i have been paying taxes here since i can remember. I was home almost every quarter...so not sure that makes a difference. We are caught between rock and a hard space. BUT i will not give up, it really pisses me off to see people go over there meet and man or women and know then 2-3 months and then get approved!! so unfair..

she was always my fiancé, so the legal advice.. right wrong or in different.. at the time DOMA did not exist.

If she was always your fiancée, and you lied about this when you/she applied for the tourist visa, that's a problem now. It doesn't matter if DOMA existed or not when it happened. That does not make it OK to lie about your relationship to get around the laws in place at that time. I'm 99% sure your denial has something to do with that, so you need to address that issue specifically with your lawyer. If your lawyer told you to lie back on the tourist visa application, then it's time to find a new lawyer and report that one to the appropriate bar association or equivalent.

[a@c 3]

it was a Manila lawyer..now I have a solid reputable US Immigration lawyer. So we would get married there, she would go back to Manila and still undergo the interview process? Or would it all be done in Brazil?

And she was not my fiancé at the time..

The circumstances changed over the course of us living together.. if you know what I mean.

[Ebunoluwa 6,136]

But what happens when a denial is returned to the UCIS? do they review and possibly send back. I am on a roll now, emailed every Democrat there is..

Your petition will be returned to USCIS for review.

The review will never happen but the petition will be stored until expired and in 6 months you may or may

not receive a letter that you are free to file again. You do not need to wait for 6 months to re file.

If there was a mirepresentation then it would be mentioned in the 221g. The reason of " lack of bona fide" was given and is a

blanket discretionary statement that the CO uses when he just was not convinced or did not want to be convinced.

Re filing is your only option.

Snow ball's chance in hell is to have a senator immediately contact them and request a second interview.

You have overwhelmingly good relationship evidence having lived together that long and I hope that was all submitted.

You can also file a FOIA and request detailed reasons of refusal and CO's notes.

[a@c 3]

i appreciate your advice, i will get with my lawyer.

[a@c 3]

whats a 221g? we do have an overwhelming amount of evidence...

[Girl from Celebes 588]

it was a Manila lawyer..now I have a solid reputable US Immigration lawyer. So we would get married there, she would go back to Manila and still undergo the interview process? Or would it all be done in Brazil?

And she was not my fiancé at the time..

The circumstances changed over the course of us living together.. if you know what I mean.

Relationship could be changed any time. But this is a simple thing. She applied for B1/B2 visa as a nanny before DOMA was struck down. She got denied. She applied for K-1 visa AFTER DOMA was struck down and denied. Have you seen the pattern? The CO probably thinking that you were just trying to help her come to the US to get a job.

The best thing is waited until the petition sent back to USCIS and see what happens. Some people here had experience their petition got send back again to the embassy after USCIS had reviewed it. And, contacting your senator or congressman might give you some help as well.

[a@c 3]

thanks again!

[a@c 3]

any idea how long it takes to get sent back to the UCIS?

[a+j 77]

So you applied for a b1b2 for her, declaring she was coming to the US to be a nanny?

A b1b2 holder is not authorized to work in the US. Declaring she was going to work as a nanny would have had her denied right away - which it did. Is it possible you guys are flagged for this reason?

Edited September 21, 2014 by a+j

[a@c 3]

she was denied obviously, but it was for a 3 week vacation from my job in Manila.

i think your right,the CO said the dates didn't match up.. we have been together for 8 years but this was in 2010. so the dates didn't match,

but the visa said she was "acting as a nanny" while I traveled for work.Not that she WAS my nanny.. as I had one in Manila.

I will hope my lawyer can figure it out.

"nanny" is the word they use in the Philippines. I could not say stay with OUR child, while I was working. The Philippines is like a prison to get anyone out one must use their terminology.

[Ebunoluwa 6,136]

Relationship could be changed any time. But this is a simple thing. She applied for B1/B2 visa as a nanny before DOMA was struck down. She got denied. She applied for K-1 visa AFTER DOMA was struck down and denied. Have you seen the pattern? The CO probably thinking that you were just trying to help her come to the US to get a job.

The best thing is waited until the petition sent back to USCIS and see what happens. Some people here had experience their petition got send back again to the embassy after USCIS had reviewed it. And, contacting your senator or congressman might give you some help as well.

Please show me a thread where a K1 was reaffirmed within the past few years.

Spousal visas get reaffirmed but not K1's.

CSC never reaffirms K1's anymore and Vermont used to to it very sparingly but that was years ago.

Show me a thread and I stand corrected.

Lots of peole get a B1/B2 denied and that does not create a pattern.