Help my K1 same sex visa was denied

[sma1488 155]

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.

I'm not suggesting the relationship is not legitimate. To get a K-1 visa, however, you have to be able to prove that legitimacy to the US government and appropriate consulate/embassy. This is where the OP ran into problems, and now she is here trying to find out why.

What is in it for the consulates to lie or refuse visas to otherwise deserving applicants? Nothing. The vast majority hold no ill will towards people trying for a US visa and do not discriminate based on race, sexual orientation, age or anything else. And we all know posters can twist the details of their story when posting about it on VJ (not to say that's happened in this case, but it's possible). I still am not sure we have the OP's entire story about the relationship and the events leading up to the denial.

Finally, and I'll say this again, IF she tried to paint a picture of her fiancée being nothing more than a nanny for the purposes of bringing her to the US even for a few weeks on a tourist visa and even on the advice of a lawyer in the Philippines, that IS misrepresentation, that IS a crime, and it DOES have consequences, which we might be seeing now.

To the OP: you mentioned raising a child together with your fiancée. Is that child legally your daughter?

[a@c 3]

Ok, so just to set something straight, I know you all are trying to help.. but be polite to don't respond at all. We are dealing with enough,when I applied for the b1/b2 it says to act as a nanny for 3 weeks. ( I still have all of the documents submitted) . not that she WAS my nanny ( I had one and have evidence of this as well). And yes we had a relationship prior to then.. In Manila you could not say to act as my babysitter while I work.. so there . Yes, we were together and have been for as long as I can remember. I lived and worked there for 9 years so we could remain together. As per the Philippine lawyer, Nanny was what she thought would be best on the application since I lived/worked and Maintained a residence in Manila and was ONLY Coming home for the holidays. I am trying to figure out what will happen next and not be grilled over and over again. That is not what this forum is for.. I will rely on my lawyer. Thanks for those that were helpful.

[a@c 3]

and yes, my daughter is legally mine. If the CO thought there was any mis-representation or if they thought we were lying ( as so many of you have said) they would have marked that on the denial form and not that there was not a bonafide relationship. The CO didn't see it that way or did not mark it down as that. AND had she been approved for the b1b2 she would have watched our daughter while I was working so that is not a LIE.

[a@c 3]

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""

The "Nanny" did not visit, the b1b2 was DENIED. I personally don't care if you think it was poorly explained.. with all of these questions like rapid fire you would not be able to keep up either. And as I stated before and will do so again, I asked that she "act as a nanny" while here. I lived in Manila for 10 years.. most b1b2 visas were because people were trying to bring there nannys for a visit. I can assure you all that this is a legitimate relationship.. more so than most people who meet someone online fly over there to take some pictures to petition their "wife" to come over here.

[Ebunoluwa 6,136]

I'm not suggesting the relationship is not legitimate. To get a K-1 visa, however, you have to be able to prove that legitimacy to the US government and appropriate consulate/embassy. This is where the OP ran into problems, and now she is here trying to find out why.

What is in it for the consulates to lie or refuse visas to otherwise deserving applicants? Nothing. The vast majority hold no ill will towards people trying for a US visa and do not discriminate based on race, sexual orientation, age or anything else. And we all know posters can twist the details of their story when posting about it on VJ (not to say that's happened in this case, but it's possible). I still am not sure we have the OP's entire story about the relationship and the events leading up to the denial.

Finally, and I'll say this again, IF she tried to paint a picture of her fiancée being nothing more than a nanny for the purposes of bringing her to the US even for a few weeks on a tourist visa and even on the advice of a lawyer in the Philippines, that IS misrepresentation, that IS a crime, and it DOES have consequences, which we might be seeing now.

To the OP: you mentioned raising a child together with your fiancée. Is that child legally your daughter?

She put on the B2 application that she wants a B2 in order to help with the daughter, being a Nanny. That was not good advice from her lawyer.

A B2 is to visit not to give the impression to work or babysit or being a Nanny.

It was NOT a misrepresentation, she put it transparently on the application. It certainly was NOT a crime. It was counter productive.

If the findings of the K1 were misrepresentation she would have received a 221g with a PC marker on it and the CO would

not have stated the refusal was because of "lack of bona fide" relationship.

The CO may be confused about the Nanny worker/ fiance issue but did not find misrepresentation.

OP.... is there a P6C marker ( a combo of letters and numbers) on the letter (221g) you received from the CO after the interview in addition

to the "lack of bona fide" reason ? Is any box checked on it ?

[a@c 3]

212(a)5(a) is what checked, also the check next to the waiver, just says with this type of denial we can't do a waiver and then the disposition of the case. Saying it will be sent back to UCIS.

[KayDeeCee 4,891]

212(a)5(a) is what checked, also the check next to the waiver, just says with this type of denial we can't do a waiver and then the disposition of the case. Saying it will be sent back to UCIS.

Unfortunately, that is about labor certification. It seems the CO believes you are only trying to bring her here for work purposes, as you tried to do in the past with the ill-advised tourist visa. It appears the CO does not think you have an actual couple/love relationship. And they checked off that you cannot file a waiver for inadmissibility. I hope your immigration attorney can help you out with what is the best thing for you to do now.

http://travel.state.gov/content/visas/english/general/ineligibilities.html

[Ian H. 207]

Unfortunately, the Phillippines don't allow SSM and there are very few countries that do which is why she opted for the K1.

Personally I would get married and file DCF at Manila.

[a@c 3]

I'm not suggesting the relationship is not legitimate. To get a K-1 visa, however, you have to be able to prove that legitimacy to the US government and appropriate consulate/embassy. This is where the OP ran into problems, and now she is here trying to find out why.

What is in it for the consulates to lie or refuse visas to otherwise deserving applicants? Nothing. The vast majority hold no ill will towards people trying for a US visa and do not discriminate based on race, sexual orientation, age or anything else. And we all know posters can twist the details of their story when posting about it on VJ (not to say that's happened in this case, but it's possible). I still am not sure we have the OP's entire story about the relationship and the events leading up to the denial.

Finally, and I'll say this again, IF she tried to paint a picture of her fiancée being nothing more than a nanny for the purposes of bringing her to the US even for a few weeks on a tourist visa and even on the advice of a lawyer in the Philippines, that IS misrepresentation, that IS a crime, and it DOES have consequences, which we might be seeing now.

To the OP: you mentioned raising a child together with your fiancée. Is that child legally your daughter?

My question to you and anyone else with common sense, how many people would MARRY a Nanny for the sake of having a Nanny. Seems crazy, I hope the Embassy would see it that was as well. NO matter how desperate anyone is, Marrying so you could have a full time Nanny to a child who no longer needs one seems insane. Use your brains people. This is love, Ive never been married before but I will walk to the edges of earth to make sure we are together.

[Girl from Celebes 588]

My question to you and anyone else with common sense, how many people would MARRY a Nanny for the sake of having a Nanny. Seems crazy, I hope the Embassy would see it that was as well. NO matter how desperate anyone is, Marrying so you could have a full time Nanny to a child who no longer needs one seems insane. Use your brains people. This is love, Ive never been married before but I will walk to the edges of earth to make sure we are together.

I know you are feeling down about the denial, but people are here trying to help you. People don't questioned your relationship but based on all facts you have presented here, they were trying to see a big picture why your fiancé's K1 visa was denied. I would think you are being nicer replied back to them.

If you think people have questioned your genuinely relationship then it is not for the first time happened ever. Many people had the experience including mine. But I wouldn't set a fire just because people don't believe my relationship to my husband is a real one. Swallow good advises and take a lesson from the tough ones.

Good luck!

Edited September 21, 2014 by Girl from Celebes

[Ebunoluwa 6,136]

Yes, that is a labor certification issue. I wish you would have mentioned that in your first post so that all speculations could have

been laid to rest.

Unfortunately fraud to bring someone over for work happens all the time, even spousal visas have been denied

because of it.

To understand the logic of it all you would have to understand the fraud behind it.

People pay people off to bring them over for jobs, then they go their separate ways or even divorce if married. it seems insane to you and me

but it happens a lot with desperate people.

The burden of proof is on you to show a rock solid paper stack of quality relationship evidence. From day one to current, describing the flow of it all.

You need a good lawyer experienced in returned petitions.

Do not attempt to file again without a lawyer. You also must front load your next petition, as they will have already seen your sparse

evidence submitted prior to the interview at which time they have already made up their minds and they don't want to see further evidence.

One last ditch effort I advice now is to have a (very good) US based lawyer request that the consulate not return your case and to be granted

an extension for a second interview with new, fresh, solid and overwhelming evidence that without doubt shows you are and have been in the past

a genuine couple.

You must act fast because once it is returned it is out of their hands and USCIS will NOT review it.

Small chance but worth a try to fight it at this level. If you file a CR1 you could run into the same obstacle.

[a@c 3]

helpful comments are appreciated but I am done being called a lier. That got old real quick.. so anyone with HELPFUL advise please continue to post.

[Beautifulday 16]

i am sorry that this happened...i guess sometimes they don't tell the truth either, cuz u mentioned that they told u that your fiancee got denied cuz of lack of evidence ? but they wrote down something different...i just know that a tourist visa has very many limitations, ive read about that visa once and the person who is on it isn't even allowed to volunteer...that is kind of weird and all but that's just what the law says i guess. hopefully you can hire a good lawyer and get this fixed. best of luck

[mymarriagejourney 112]

No one is calling you a liar. What you did (apparently without realizing and with bad advice from a lawyer) is try to apply for a visa under fraudulent terms. She is not your nanny, was never your nanny, and would not be acting like a nanny. She was in a relationship with you, coming to visit, and acting in the capacity of a parent. Parents aren't nannies or babysitters. Again, I am not calling you a liar. I am explaining why your initial visa was denied and why the K1 is denied, with the assumption of labor fraud. There is good, solid advice here that you are taking as an insult rather than constructive information.

[a@c 3]

there is a lot of great advice and I will take it.. but there is also a lot of negativity that quite frankly I don't need or have to listen to. I am not blind and I can see there are genuine people trying to help.