Help my K1 same sex visa was denied

[Ebunoluwa 6,136]

had it been misrepresentation we could file an appeal.

No, definitely not an appeal with or without misrepresentation.

[raven52 233]

This "nanny situation is a HUGE problem for you".,.,.,.,.,as it is a huge red flag to me.

I just wish you had presented your situation in a more precise manner, as members had to ask too many questions, andto me, was poorly explained.,.,.,.,.,

To me.,.,.,,this "nanny" visit for 3 weeks..,.,if I understand corectly, and the "nanny" visited.,.,.,.,""is your problem""

[jxn 86]

When you started have an exclusive relationship? No

The poster is asking when you started to have an exclusive relationship with your fiancée.

[vanessamaagad 6]

I met my fiancè (which is now my husband) last March 2013. I had applied for tourist visa in june 2013 to visit my boyfriend here in the states but i was denied, after 5 months we met again and went to hong kong and macau as his birthday gift to me but before he flew to hong kong he submitted our petition for fiancè. After 23 days our petition was approved and had my interview February this year (2014) I really thought that my denial for tourist visa will be a problem but thank God i got approved during my interview. The CO was so nice and kind. Ofcourse he asked me about my fiancè and our relationship and where did we go and why did i choose him and what dating site did i met him and etc. Now im here in the states for almost 7 months now and have applied for adjustment of status. I hope you guys will be together again, i had experienced that feeling to be far away from the person you love and it's not easy. God bless u guys

PS. We are also same sex couple

Edited September 21, 2014 by vanessamaagad

[Ian H. 207]

This all sounds really confusing, I'm just trying to understand the situation. Most people here are saying that the visa was denied because of misrepresentation or this whole "nanny" situation.

However, OP stated that the visa was denied due to lack of bona fide relationship. I'm not sure, but I would think that the CO would include misrepresentation on the denial letter.

When we were denied our K1, they put down relationship for immigration purposes and misrepresentation even though nothing was lied about or omitted, otherwise we would have never had our spouse visa approved. Unless the CO just puts down whatever reason they feel like for denial, then I don't know.

OP: I would try to fight for the K1 petition since you don't have many options as a same sex couple where one is a Filipino citizen. The reason is that so few countries perform SSM and only one of those countries allow visa free travel to Filipino citizens.

As mentioned before the only country that seems to be a choice is Brazil, but I wouldn't consider it since SSM is under appeal and they may invalidate previous marriages should they win. Israel allows visa free travel and recognize SSM, but they don't perform it.

Now, there are about 16 countries that perform SSM. You can try and have your fiance apply for a tourist visa for Mexico, Argentina, Uruguay or South Africa. These are countries that all perform SSM and may be easier to qualify for a visa. All the other countries are European or Canada and getting a visa for any of those is just as difficult as for the US.

This would be your only course of action if your K1 doesn't get reaffirmed or you would have to submit a new K1 petition. You do have to overcome the reasons for the first denial though, so you have to go over all of your paperwork and see what the exact reasons for denial were.

Also I cannot say if your fiance's visa was denied due to discrimination because the whole previous visa application and nanny thing sound like the culprit. Keep in mind that most of us are treated like ####### in these interviews so it really has nothing to do with things like gender, color, race, religion, etc.

I hope you get your situation resolved and are able to bring your family here. Good luck.

[Sukie 1,439]

May I suggest www.masliah-soloway.com as a place to talk with an immigration attorney who specializes in difficult same-sex cases? They do a free consultation up front.

They can also advise you as to the best way to get out of what sounds like an unfortunate situation.

Sukie in NY (they were my attorneys)

[clairegie 265]

I may be super far off with my answer but I'm gonna say it anyway.

I understand you lived together for 10 years.

Just to be sure regarding the evidences you submitted. Are they recent? Are the pictures and receipts etc that were collected within 2 years of filing? Maybe the interviewer would've liked to see more recent evidences, not ones from years ago. I think if it was the Nanny thing that got you denied, the misrepresentation would be mentioned. But they denied due to not showing a bonafide relationship instead.

[clairegie 265]

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..

I would just like to point out that there is nothing unfair about it. We all have fair chances on approvals and denials. I understand you're just upset. But people's relationships, no matter how short, are still real relationships. They just prepared their petitions better.

Edited September 21, 2014 by iammrsregi

[calliop3 0]

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?

Hi,

I attached a small portion from the 1-129F instruction page. It clearly states there that if the petition is denied you will be given reasons and procedures on how to appeal for your rights. What was the former visa of your fiance? You need to know the procedures on how to appeal for your rights. Either you can call USCIS regarding the said matter.

If you decided to get married to another country, then you will file a new petition and that's a CR1. Spouse Petition. You will undergo the same process. Present proof of evidences, medical and Interview. Is your fiance here in the Philippines?

Contact RAPIDVISA, It's an agency wherein a lot of petitioners used it. I would have used it if I have known it before we filed our petitions.

They might help you with your concern.

All the best.

Pola

[kehills 217]

It sounds like you were denied for not having a bonafide relationship because you previously attempted to present her as nanny to work for you (and on a VISA that does not allow a person to work). It sounds like they're looking at it like you are trying to bring a long-term nanny you had from the Philippines to the US to work, skirting immigration rules.

You're being penalized now for having misrepresented your situation in the past; the CO likely assumed that your pictures were family pictures of a long-term nanny, not a fiancée or spouse.

I would add my recommendation to those saying you're going to need a really good immigration attorney to get through this. Start looking now, so they can advise you on the best path forward.

[Ebunoluwa 6,136]

There is a difference in misrepresentation of a material fact which carries a life time ban unless overcome with a waiver

and then there is being ignorant about which visa type to apply for what purpose.

OP has not misrepresented unless they lied on any application/petition.
Applying for a B2 with the purpose of having a Nanny and stating so on the application was not a misrepresentation, it was lack of knowledge.

[NikLR 13,220]

Personally I would get married and file DCF at Manila.

[Ebunoluwa 6,136]

Hi,

I attached a small portion from the 1-129F instruction page. It clearly states there that if the petition is denied you will be given reasons and procedures on how to appeal for your rights. What was the former visa of your fiance? You need to know the procedures on how to appeal for your rights. Either you can call USCIS regarding the said matter.

If you decided to get married to another country, then you will file a new petition and that's a CR1. Spouse Petition. You will undergo the same process. Present proof of evidences, medical and Interview. Is your fiance here in the Philippines?

Contact RAPIDVISA, It's an agency wherein a lot of petitioners used it. I would have used it if I have known it before we filed our petitions.

They might help you with your concern.

All the best.

Pola

OP is saying a K1 was denied not a I-129F petition.

Instructions for a petition are not instructions for a refused visa.

As to appealing a I-129F (which is irrelevant here) they are rarely used and rarely of good success because most of the time there

is a valid reason that USCIS denies a petition. They take a very long time and are very expensive, but in this case and topic there is nothing to appeal.

[sma1488 155]

There is a difference in misrepresentation of a material fact which carries a life time ban unless overcome with a waiver

and then there is being ignorant about which visa type to apply for what purpose.

OP has not misrepresented unless they lied on any application/petition.

Applying for a B2 with the purpose of having a Nanny and stating so on the application was not a misrepresentation, it was lack of knowledge.

But lying about the nature of their relationship on the application for the B2, and inventing this "nanny" story as the motivation for the OP's fiancée to travel to the US back in 2010, is misrepresentation.I can't provide one set of circumstances to the government because same-sex marriage isn't legal, and then when it becomes legal provide another set of circumstances. The COs are going to see right through that and know that at least one of the times, the applicant wasn't being truthful.

[msbau764 245]

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.

Cry me a river. The consulates are not mistake free either and lie all the time. Give me a break. He/she did what he thought was possible to bring the most important person in his life to the US. He didn't purchase his SO over the internet like some people have. His/her relationship is legitmate. His/her petition was denied in the past. He is NOT a criminal.