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Daniel n Somphos

What should I do if my fiancee and I are wrongfully accused?(merged)

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Filed: K-1 Visa Country: Cambodia
Timeline

Bump^ I'd like more information. As I am Back almost one month after attending my fiancee's interview and also being called a sham and actually stating that its being returned on grounds of fraud or misrep. without ANY explanation whatsoever. How soon after the denial at the embassy should I fight this.? and what are my chances of bringing my fiancee home to marry, if at all possible? We're completely devastated and most of the questions revolved around her U.S. Citizen family of which lives in the same city as i was born. if it wasn't for them we would have not fallen in love, they stood in at the engagement in Battambang for my deceased and ill mother after getting permission in person. They were only around to support in the cultural differences and to help me with native alphabet issues. I'm floored as to what to do next and not knowing what the actual reason for denial is really hurting me as i know time is of the essence.... can i expect to NEVER be able to bring and marry my fiancee in the United States?

USCIS Petition(s) Filed

Form I-129F: Petition for Alien Fiance(e) / Case#2:
Date I-129F Sent : (2014-05-14) #2: (2015-09-03)
Date I-129F NOA1 (Receipt) : (2014-05-22) #2: (2015-09-11)
-- I-129F RFE(s) : (N/A) #2: (2015-10-14)Received in mail (2015-10-19)
-- I-129F RFE Reply(s) : (N/A) #2: (2015-10-20) Replied to RFE Next Day
Date I-129F NOA2 (Approved) : (2014-06-25) #2: (2015-10-29)

National Visa Center Processing

Date Package Received By NVC : (2014-07-10) #2: (2015 N/A)
Date Case #, IIN, and BIN assigned : (2014-07-10) #2: (2015 N/A)
Date Package Left From NVC : (2014-07-12) #2: (2015 N/A)

Consulate Processing

Date Received By Consulate : (2014-07-15) #2: (2015 December)
Date Rec Instructions (Pkt 3) : (2014-07-15) #2: (2015 N/A)-Downloaded and followed Packet3 Instructions while in Cambodia
Date Complete Instructions (Pkt 3) : (2014-07-20) #2: (2015-12-19)
Date Rec Appointment Letter (Pkt 4): (2014-07-29) #2: (2016 N/A)-SOON!!!
Interview Date (K1 Visa): (2014-11-24) #2: (2016 03-21)
-- Interview Result: Denied #2: Approved!

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Filed: Citizen (apr) Country: Canada
Timeline

~~One post from a 4 yr old thread merged to this one. Please do not post in old threads your questions can get lost. In many of the older threads the OP is no longer active or the information in those threads no longer applies.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: K-1 Visa Country: Cambodia
Timeline

Sorry about that, I am just lost in this struggle... I really don't know how to obtain the actual reason for her denial while i was also there in person... why the denial form was handed directly to me, with a spoken false accusal. I'm really worried about all of this. as finding a "better" job is almost impossible at this time. Unless i get a raise within the next year, ... once i get a raise, hopefully it's enough to get married but until then the k1 denial needs to be addressed before we ever refile for anything. and finding out the consulars exact notes and reasons why he thought we werent genuine are proving to be extremely hard to get from any agency. has anyone had success with this?

USCIS Petition(s) Filed

Form I-129F: Petition for Alien Fiance(e) / Case#2:
Date I-129F Sent : (2014-05-14) #2: (2015-09-03)
Date I-129F NOA1 (Receipt) : (2014-05-22) #2: (2015-09-11)
-- I-129F RFE(s) : (N/A) #2: (2015-10-14)Received in mail (2015-10-19)
-- I-129F RFE Reply(s) : (N/A) #2: (2015-10-20) Replied to RFE Next Day
Date I-129F NOA2 (Approved) : (2014-06-25) #2: (2015-10-29)

National Visa Center Processing

Date Package Received By NVC : (2014-07-10) #2: (2015 N/A)
Date Case #, IIN, and BIN assigned : (2014-07-10) #2: (2015 N/A)
Date Package Left From NVC : (2014-07-12) #2: (2015 N/A)

Consulate Processing

Date Received By Consulate : (2014-07-15) #2: (2015 December)
Date Rec Instructions (Pkt 3) : (2014-07-15) #2: (2015 N/A)-Downloaded and followed Packet3 Instructions while in Cambodia
Date Complete Instructions (Pkt 3) : (2014-07-20) #2: (2015-12-19)
Date Rec Appointment Letter (Pkt 4): (2014-07-29) #2: (2016 N/A)-SOON!!!
Interview Date (K1 Visa): (2014-11-24) #2: (2016 03-21)
-- Interview Result: Denied #2: Approved!

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Filed: IR-1/CR-1 Visa Country: Cambodia
Timeline

Sorry about that, I am just lost in this struggle... I really don't know how to obtain the actual reason for her denial while i was also there in person... why the denial form was handed directly to me, with a spoken false accusal. I'm really worried about all of this. as finding a "better" job is almost impossible at this time. Unless i get a raise within the next year, ... once i get a raise, hopefully it's enough to get married but until then the k1 denial needs to be addressed before we ever refile for anything. and finding out the consulars exact notes and reasons why he thought we werent genuine are proving to be extremely hard to get from any agency. has anyone had success with this?

Like I stated above they just deny you off suspicion . Maybe speak with your employer and tell him your situation for a raise and get married. Idk about much about fighting it . Maybe get someone from the state to contact the embassy directly to speak on your behalf? I didn't bother fighting it because I figured by the time someone looked at my appeal the petition would expire so I focused on turning the page. The K1 does not have to be addressed if you file for the Cr1/IR1. Write a letter stating you want to withdraw K1 .

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Filed: K-1 Visa Country: Cambodia
Timeline

I was looking up how to withdraw it. But could not find much information on withdrawing after a denial. My boss isnt the nicest person. I had to try hard to get him to write the letter stating my annual pay. And right now he is closing "the books" and he is not is such a good mood. If i ask for a raise he may fire me. Where i am from it is very hard amd competitive to find a great job that pays well. So i might have to try working for tesla.... i have contacted the senators and congress. Also for how we were treated as we approached the window... he was not nice the minute we stood there. But after the denial they did say we can refile... i did not understand this. I am so confused because he denied us in such a bad way... its impossible to fight. But told us to reapply anyways? I think we got a bad CO. so i filed a complaint with the bureau of consular affairs

I was looking up how to withdraw it. But could not find much information on withdrawing after a denial. My boss isnt the nicest person. I had to try hard to get him to write the letter stating my annual pay. And right now he is closing "the books" and he is not is such a good mood. If i ask for a raise he may fire me. Where i am from it is very hard amd competitive to find a great job that pays well. So i might have to try working for tesla.... i have contacted the senators and congress. Also for how we were treated as we approached the window... he was not nice the minute we stood there. But after the denial they did say we can refile... i did not understand this. I am so confused because he denied us in such a bad way... its impossible to fight. But told us to reapply anyways? I think we got a bad CO. so i filed a complaint with the bureau of consular affairs

USCIS Petition(s) Filed

Form I-129F: Petition for Alien Fiance(e) / Case#2:
Date I-129F Sent : (2014-05-14) #2: (2015-09-03)
Date I-129F NOA1 (Receipt) : (2014-05-22) #2: (2015-09-11)
-- I-129F RFE(s) : (N/A) #2: (2015-10-14)Received in mail (2015-10-19)
-- I-129F RFE Reply(s) : (N/A) #2: (2015-10-20) Replied to RFE Next Day
Date I-129F NOA2 (Approved) : (2014-06-25) #2: (2015-10-29)

National Visa Center Processing

Date Package Received By NVC : (2014-07-10) #2: (2015 N/A)
Date Case #, IIN, and BIN assigned : (2014-07-10) #2: (2015 N/A)
Date Package Left From NVC : (2014-07-12) #2: (2015 N/A)

Consulate Processing

Date Received By Consulate : (2014-07-15) #2: (2015 December)
Date Rec Instructions (Pkt 3) : (2014-07-15) #2: (2015 N/A)-Downloaded and followed Packet3 Instructions while in Cambodia
Date Complete Instructions (Pkt 3) : (2014-07-20) #2: (2015-12-19)
Date Rec Appointment Letter (Pkt 4): (2014-07-29) #2: (2016 N/A)-SOON!!!
Interview Date (K1 Visa): (2014-11-24) #2: (2016 03-21)
-- Interview Result: Denied #2: Approved!

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  • 2 weeks later...
Filed: IR-1/CR-1 Visa Country: Cambodia
Timeline

Sorry for late reply. I read your situation and best for you to do is re file K-1 again. It's very quick and easy. Like I said it's very common in Cambodia to deny K-1 applications without any cause and also very common approval rate 2nd time around. So go for it again. Just withdraw the first petition. Write a letter to withdraw that case. Try to re open first case takes forever. You can have interview done long before that with a new K-1 case and approval rate 2nd time around in Cambodia over 95%. I have seen many cases during my 4 years struggles and many visits to Cambodia and 3 entire days of spending and witnessing many interviews inside US Embassy.

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