K1 visa denied

[Ando&sirik 12]

So here's our situation. My fiance went to the interview yesterday and got denied under Section 212(a)(5)(a) "has not seen fiance for 4 years. People that remember from my older posts it was as follows: My situation: I met my fiance in Armenia on November 2011 and fell in love. At the time I met her I was a fugitive. I left Armenia and came back to the states on January 2012 to face prison time. After coming out of prison on December 2013 I got in touch with her through facebook told her my situation and asked her to marry me. I am on probation for 5 years and one of my probation terms are that I cannot leave the country. Because of that reason I cannot leave the country to go and see her and get few pictures together to show that we have seen each other in the past 2 years. So anyways I decided to go to a lawyer. The lawyer said we can try and file for the visa and hope for the best. So I filed on October 2014 and got approved by the uscis and the paperwork went to the embassy for an interview. On the day of the interview the first exact question was "why don't you guys have a picture together?" And my fiance explained the situation and they said they cannot do anything but refuse to give her a visa. My fiance asked her if we were to meet again can we file for the visa again and they said of course. The problem still is probation officer says that they will not allow me to leave the country because of my prosecutor not allowing me to. By the way my crime was bank fraud and has nothing to do with the denial of the visa although the co said "so he's a criminal!" And my fiance told her that no he just made a mistake in life and faced his punishment. So what do you guys think? Talk to a different lawyer and try to get permission from court to try to go to Armenia? Or apply for a tourist visa for her to come here? The first option is doable but will take longer time. The second option would be better if they were to grant her a tourist visa which is kind of hard for a 3rd world country like Armenia. Does anyone think that since they denied her a k1 visa they might actually give her a tourist visa to see me over here? Please help guys. I am desperate. Thanks.

[baron555 934]

She visiting you is the only option. And yes her being denied due to the past K-1 is a possibilty.

Think about living together in another country.

[Ando&sirik 12]

Also please if you guys dont have anything valuable to say just don't answer. Everyone on this site should know how high the frustration rate can be in obtaining a visa, left alone being denied. I'm sorry if I came too hard with the word stupidity but you did deserve it.

[sma1488 155]

By the way my crime was bank fraud and has nothing to do with the denial of the visa although the co said "so he's a criminal!" And my fiance told her that no he just made a mistake in life and faced his punishment.

I'm not sure why your fiancée used the past tense. Probation is part of your punishment, and you're still facing it right now and will be for the next few years. Probation isn't supposed to be convenient.

It sounds like you're in a tough place with regard to the relationship. She (probably) can't come to the US, and you can't leave the US. That doesn't leave you a whole lot of options...

[Pennycat 880]

If she can't get a tourist or other visa to the US, maybe you can investigate her options/ability to visit Canada. From there, you could meet at Peace Arch Park (on the Washington/British Columbia border). The park straddles the boarder and you may go on both sides....as long as you don't leave the park. Many families who are separated for visa/immigration reasons use the park for this purpose. Now one meeting, over one day....still may not work out for you. But it is an option.

[Ando&sirik 12]

If she can't get a tourist or other visa to the US, maybe you can investigate her options/ability to visit Canada. From there, you could meet at Peace Arch Park (on the Washington/British Columbia border). The park straddles the boarder and you may go on both sides....as long as you don't leave the park. Many families who are separated for visa/immigration reasons use the park for this purpose. Now one meeting, over one day....still may not work out for you. But it is an option.

Thanks for the advice. Much appreciated. Will definately look into that.

[Pennycat 880]

Thanks for the advice. Much appreciated. Will definately look into that.

My pleasure. Best of luck to you. Here is an article about a couple who used the park while waiting on (what sounds like) CR-1. For all I know you could get a justice of the peace in the park and go that route. ...but K1 is still faster.

http://m.tdn.com/news/couple-separated-by-border-meet-at-peace-arch/article_d89572e4-a18d-54f9-ab97-059a9cacbd04.html?mobile_touch=true

Edited February 19, 2015 by CatherineA

[KayDeeCee 4,891]

I wish there was a way to report yoir message. The admin should really comtrol this.

You can click the report link at the lower right of all posts if you wish to report them for something. However, I do not see that the post you dislike was worse than you lashing out at those responding to you by calling them stupid.

[Ando&sirik 12]

You can click the report link at the lower right of all posts if you wish to report them for something. However, I do not see that the post you dislike was worse than you lashing out at those responding to you by calling them stupid.

I really do not want to go into this right now. Im sorry if I have offended anyone. Now can I please get responses that might help me a little? Thanks.

[Pheebs1201 269]

By all means apply for a tourist visa for her and try your best to demonstrate that she has strong ties to her home country and will return. It's unlikely to be granted I admit, but you might as well try.

My pleasure. Best of luck to you. Here is an article about a couple who used the park while waiting on (what sounds like) CR-1. For all I know you could get a justice of the peace in the park and go that route. ...but K1 is still faster.


http://m.tdn.com/news/couple-separated-by-border-meet-at-peace-arch/article_d89572e4-a18d-54f9-ab97-059a9cacbd04.html?mobile_touch=true

How lovely!

[john_and_marlene 162]

If she cannot get a visa, your only choice might be to wait until you are able to travel for the required meeting.

[Limey 550]

Apply for a tourist visa for her.

If she can't get a tourist visa, then K1 is probably going to be difficult for the same reasons (aside from not having met in past 4 years). Think about it, if they don't trust her to come as a tourist, they probably won't trust her to emigrate to the US.

You might think that some of the posts here were unhelpful, but ultimately not being able to travel outside the US is part of your punishment. Some of the posters on this forum face similar issues because the non-US citizens they wish to sponsor have what you might think are relatively minor criminal convictions and that prevents them coming to the US. That is part of life that if you do something wrong and you get caught there will be consequences, and not all of them might be ones you'd have considered in advance, like restrictions on travel. Bear in mind that even those of us without any criminal convictions are having to wait many months and jump through many hoops to be with our loved ones (those of us not on the West Coast so who have the misfortune to have our applications handled in the bogged down Texas center) - so this isn't necessarily the right place to come for sympathy if your problems are ultimately of your own making. My crime? To fall in love with someone who lives on the East Coast - if she lived in California we'd have been married months ago, yet we're still waiting on NOA2 and no idea when we will be married.

I assume at some point your travel restrictions would be lifted? How long will that be? I'd say with way the Texas center is stalling, and the fact that you're in California, you may well be married before me, and I don't have a criminal record and applied last August, so spare a thought for the honest folks here.

Edited February 19, 2015 by Limey

[LORIEandPHIL 123]

I dont know the details but there is a waiver for not meeting within two years. It is very very difficult to get, and you would need a decent immigration lawyer to even attempt to get a waiver. And she would also need to have applied for and been turned down for a tourist visa on numerous occasions.

[MsDup 0]

In my experience it is hard to get tourist visa if you are in k1 also. I applied for tourist visa, my fiance want me to attend on his son's graduation but iI was denied. But you can always try though.

[baron555 934]

I dont know the details but there is a waiver for not meeting within two years. It is very very difficult to get,

Yes

and you would need a decent immigration lawyer to even attempt to get a waiver.

Most likely nothing a lawyer can do.

And she would also need to have applied for and been turned down for a tourist visa on numerous occasions.

That's one measure....but what about a visa to another country where the petitioner can also meet up with?