Help my K1 same sex visa was denied

[a@c 3]

Is Brazil still an option with all of the possible changes? Also I do appreciate your help. Know that I am not trying to be defensive. I just got off the phone with my lawyer who wants to take it to the LGBT media.. he feels its just been handling so poorly. He is aggressive and I know we will somehow get through this.

[sma1488 155]

No offense, but it sounds like your lawyer is approaching the problem from the wrong angle. Based on the info you've provided us with, this is NOT a LGBT issue. The information you need to find out is exactly why you got denied, so if I were going to contact anyone in power, it would be my senator/representative. I would also have my lawyer filing a FOIA request ASAP, which someone else mentioned already a couple pages back.

[a@c 3]

we contacted our Sentor the day after it was denied, and its is a LGBT issue.. think about it.. had it been a Man who had a Women working for him.. applied for a workers visa and was denied.. then decided to announce they were fiancee after spending so much time together I think it would be approved. I do think its a LGBT issue, I think its discrimination and a human rights issue quite honestly.

[Mariana M. 18]

It doesn't matter why the visa was denied, it is an LGBT issue once they can't get married in the Philippines as a second option and have to scrutinize the globe after a country where they could go especially for that. It's just wrong.

Big feminist and LGBT community supporter here, seriously, if you want to come to my city I could even try to find you a place to stay.

I think it wouldn't be an issue to get married here, but I can't say it certainly.

[sma1488 155]

Let me rephrase: what I meant is that the K-1 visa was not denied because of an LGBT issue. The result would have been the same for a heterosexual couple.

Now, the fact that the OP's options are now limited because same-sex marriage is not legal in the Philippines IS an LGBT issue, but I'm not sure how much the OP and her lawyer are going to be able to achieve if they go that route.

[a@c 3]

well either I;

a; Refile a new petition which, could take 5-7 months

b: Get Married somewhere they allow SSM and wait a year for processing

c: wait for the previous petition to be returned to the UCIS, add more information and actually fly out to Manila for the interview. ( this could be the shortest route).

Am I missing something? I would post the time line but honestly its long, we have raised a child together who will be 10 tomorrow without her other mom. we have a long history... i provided as much evidence as I could think of and then some. I am seriously open to ideas.

[NikLR 13,234]

The chances of C happening is extraordinarily slim.

[a@c 3]

so whats the best option?

here is a copy of my story: y Fiancé Petition was recently denied on 9/15. My fiancé went to the interview and we thought we were totally prepared for. I met Lucila late 2005 or 2006 to to the best of my recollection, we were introduced through a mutual friend. At the time I was going through an adoption of my daughter..and needed someone to help take care of her and there was a spark between Lucila and I. Lucila gladly accepted and moved in shortly after. Acting as a Nanny and a friend to me. Things progressed into a romantic relationship between the 2 of us.. and have been together for about the last 8 years, since about 2006. We have traveled to Hong Kong, Singapore and all over the Philippines. I did hire a live in Nanny ( Maria Rosario Lado) as this is how our family developed. Lucila was my daughters other mother and my lover and best friend. When we applied for a b1b2 visa around 5/2010 to come to the US for the Holidays, it was of course denied as she did not have enough to show that she would return to the Philippines. (although, I lived and worked in Manila from 5/2003- 2/2014). I felt that after the DOMA ruling I could return to the US and petition my fiancé to join me. Sadly, that was not the case. She was denied based on the b1b2 Visa, although we did claim it in our application and noted it was denied we did not go into detail.

Since the denial of my fiancés visa, I have become a depressed person who was once lively and enjoyed getting out and having fun with my daughter. My Daughter has also changed with writing her "Nana"( Short for Nanay, Mother in Tagalog as she lovingly calls Lucila letters telling her it will all be ok. Because Mom can fix everything. Lucila is stuck in Manila alone with a house I built while I was there and is just waiting for the day for us all to be together. She really has no contact with her family as her mother passed away when she was just 7. And her dad and step mother live in a mountain house with no electricity. Not to mention, maintaining 2 house holds is quite hard especially when you are depressed with no drive to go to work. I am hoping and praying that someone will hear our concerns and make it possible for us to be together. I have been a good citizen, never done anything wrong.. paid my taxes and always done what I consider the right thing to do. I do not want my only option to be to move back to the Philippines to be together as its time to spend time with my family in the US. Lucila means the world to me and my daughter. But, during my stay in Manila because I did not want to leave her I have missed on major life events, the deaths of my grandparents, births of nieces and nephews, Years of my mom going from 50 years old to now almost 62 and the most important and the reason I knew it was time to get home was the death of my 36 year old brother who was only 16 months older than me in 2012. Its my hope that this will not fall on deaf ears and someone can help my family reunite and become whole again.

Please see attached note from the senator office after they reached out post decision on our fiancé visa.

A,

Below is the response that we just received from the Embassy. Once USCIS receives the visa petition, we will be more than happy to send a congressional inquiry on your behalf.

Sincerely,

[Ebunoluwa 6,136]

This is why I said Senators aides don't always know what they are talking about when they intervene on behalf of their constituents.

USCIS will not care about anything the senator has to say when your case is back in their hands. It will expire.

NOW is the time to ask for a second interview with solid quality evidence, not after it has been returned, that will be too late.

I understand you want to cling to hope but I am telling you a fact.

A competant lawyer can try this for you, better than a senator.

No one can advice you on what personal choice will be best for you between the CR1 and another K1.

You would have to research the Brazil option in depth first and their regulations

as you two aren't Brazilian citizen and marriage regulations can be tough for two foreigners, some countries requiring a certain residential time there

from at least one of you in order to be permitted to marry.

No one can predict how a second K1 will turn out for you.

[a@c 3]

this is the rest of the email from the MNL embassy to the Senators office:

This is in reply to your September 17, 2014 inquiry regarding the visa concerns of your constituent, AD.

As you are aware, the applicant was interviewed by a consular officer on September 15, 2014, and was refused a visa under Section 221(g) of the Immigration and Nationality Act (INA). The adjudicating consular officer carefully reviewed the case and determined that the interview with the applicant, together with the documents available, did not provide sufficient evidence of a bona fide relationship.

We understand that your constituent would like to schedule another visa interview for the applicant. As we have completed our review of the case and a final determination has already been made, we are unable to accept additional information or documentation from the petitioner or the applicant.

We are returning the visa petition for LA to the U.S. Citizenship and Immigration Services (USCIS) office, through the State Department’s National Visa Center (NVC), for appropriate action. When the USCIS is in receipt of the petition, the petitioner may contact the USCIS National Customer Service Center (NCSC) toll-free at 1-800-375-5283 regarding this matter.

I think its too late now to get more evidence to get a second interview..

[Ian H. 207]

It sounds like they are not going to be forthcoming with a second interview no matter how hard you try. Your best option right now is to find a way to get married and file a spouse petition. You could try the fiance path again, but getting married may just be the simpler choice.

Ask your lawyer about Brazil as an option and try to do research regarding the marriage requirements over there and the legal status of SSM. Some places are more strict when it comes to foreigners, as mentioned before, so you want to be prepared. If Brazil is not an option, again, you can consider other countries like Mexico or Argentina.

[Ebunoluwa 6,136]

this is the rest of the email from the MNL embassy to the Senators office:

This is in reply to your September 17, 2014 inquiry regarding the visa concerns of your constituent, AD.

As you are aware, the applicant was interviewed by a consular officer on September 15, 2014, and was refused a visa under Section 221(g) of the Immigration and Nationality Act (INA). The adjudicating consular officer carefully reviewed the case and determined that the interview with the applicant, together with the documents available, did not provide sufficient evidence of a bona fide relationship.

We understand that your constituent would like to schedule another visa interview for the applicant. As we have completed our review of the case and a final determination has already been made, we are unable to accept additional information or documentation from the petitioner or the applicant.

We are returning the visa petition for LA to the U.S. Citizenship and Immigration Services (USCIS) office, through the State Department’s National Visa Center (NVC), for appropriate action. When the USCIS is in receipt of the petition, the petitioner may contact the USCIS National Customer Service Center (NCSC) toll-free at 1-800-375-5283 regarding this matter.

I think its too late now to get more evidence to get a second interview..

It is always vital to get a good lawyer experienced in returns to fight this on the day or a day after the refusal.

Extremely small chance that a lawyer can still request another review at the consulate WITH fresh evidence and the correct legal lingo.

Call Marc Ellis, an experienced attorney in returns, research his posts and articles here on VJ.

http://marcellislaw.com/contact.html

Brent Renisson is also very good 503-597-7190.

Pay for a phone consult with these very experienced attorneys. Marc may be hard to get a hold of. Sometimes they do a very short phone consult

for free if you are considering hiring them.

Forget the fly by night lawyers you have encountered. Your chance is only as good as your attorney's competence.

Forget the senator, that ship has sailed.

If the consulate will refuse a lawyers request (very likely) then that option is out which leaves you with a K1 re file or CR1

which again will depend on varies factors. To navigate this confusion you have to eliminate one thing at a time to see what's left.

[kehills 217]

As someone who works in journalism, I can only say that in my professional experience/opinion, taking it to the media is a bad idea. I'm afraid your narrative isn't as cut-and-dried as you would like: you met looking for a nanny and she fulfilled that role for you until becoming your partner. Unfortunately, that falls under a very common "immigration fraud" narrative that likes to be played out on certain more paranoid/anti-immigration stations here, and while some media sources may be sympathetic to your story, IF it got wings, it would almost immediately be eviscerated in anti-immigration (and probably anti-LGBT) media.

I doubt that's the sort of attention you want for your family. Beyond that, I'm not entirely sure what you think media attention can or will do; it's not going to be of local (Philippines) interest, nor is it going to garner much attention stateside, except maybe "hometown story" if you have some really compelling and moving narrative, which you haven't presented yet–sorry, professional opinion here, but I think the lawyer you spoke with is just looking to get money and their name in the paper, if they can.

Also, to be blunt, with the current high profile news items, it just can't compete. Ebola, bombing Syrian ISIS/ISIL targets, Russia/Ukraine, survivalist on the run after killing cops, racism issues, NFL DV, and all the new fall shows? It's not a slow news cycle moment.

I think that Ebunoluwa likely has the best feedback: contact the most experienced lawyers possible, chase down options, then when those are exhausted, look into a third country to marry... or return to the Philippines, and fly back to America (you and your child) more frequently for visits.

[Thomas&Cleofe 358]

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.

You do a lot of judging of other people's relationships, but yet you don't want to be judged for your relationship....you know what that's called?

Hypocritical...!!!

..........and all is not lost, there are 195 other countries in the world for the 2 of you to live together.

[d3adc0d3 186]

Argentina does same sex marriages.

I personally think your best best is to get married in a country that does SSM, and apply for a CR-1

Whether this is a LGBT issue or not, it's the government you'd be up against. The battle won't be worth the win, it won't likely change anything in PH. Any personal details of you or your intended will be smeared for the media to see. They will show the good, the bad, and the ugly. To make matters worse, they will likely twist facts and make half-truths look like you guys are the scum of the earth. The media loves a good lie, to outrage or frighten people, and depending on which paper is covering the story depends on what angle they will take.

As much as you are outraged and want to go in this swinging, I don't recommended it. But I also don't recommend you standing idly by and sitting on your hands. Correct the situation yourselves via the CR-1, contact your senators, and file a complaint. Sounds to me like the IO at the embassy had issues with your intended's previous visa. Perhaps there may be something else involved they did not inform you of, or perhaps the IO just had a bad day. Who knows... but the IO's are usually the final decision. They won't likely reaffirm the petition, they'll just let it expire.

Good luck.