CO said not DENIED - Releasing Area said DENIED!!!

[DaNnE 17]

The beneficiary is my friend, just wanted to help their situation.. ~DaNnE

Interview date was Oct. 14, 2015, accompanied by her fiance.

CO ask fiance on previous marriages he had and he said 2 BUT on the petition only 1 information was provided. Reason: fiance did not realized that the first marriage should be included since it was terminated because of the death of the first wife and that he didn't noticed the other blank spaces under "prior spouse" info. Second marriage was terminated via divorce, and that was the only information provided. CO said that since something is missing on the petitioner's background, it needs to be sent back to USCIS.

After that, they were advised to proceed to step 5 (RELEASING) - a Filipino staff in the releasing area said that he will return the passport because they were DENIED! They reasoned that the CO did not told them they were denied so he sent them back to the CO to verify.

Fiancee ask: Am I really denied?

CO said: No. Your fiance has undisclosed marriage so the form and case must be sent back to homeland security for further review. We will just give you back your passport cause it takes time to process it. Also said that they will just email her when to send her passport to them once the lacking file is okay.

Back to the releasing area, my friend's passport was returned with a green paper: 212(a)(5)(A) was checked -- Further explanation: Undisclosed Marriage - Petitioner

PLEASE HELP.. ANY ADVICE WHAT TO DO NEXT? SHOULD THEY PROCEED TO SPOUSE VISA?

[Hank_ 9,174]

That is a denial ..... in motion. Officially it isn't denied until USCIS is done with their process, reason being the faulty information was on the I-129F petition. Highly unlikely the current petition will be approved now that the inaccurate information has been noted.

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

The cost to challenge the denial is more than a new visa petition. Let it die.

Get married, file for the spousal visa... and don't leave out any information on the next petition. Marriage is marriage no matter how it ended.

Edited October 27, 2015 by Hank_

[DaNnE 17]

That is a denial ..... in motion. Officially it isn't denied until USCIS is done with their process, reason being the faulty information was on the I-129F petition. Highly unlikely the current petition will be approved now that the inaccurate information has been noted.

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

The cost to challenge the denial is more than a new visa petition. Let it die.

Get married, file for the spousal visa... and don't leave out any information on the next petition. Marriage is marriage no matter how it ended.

Thanks for the input Hank_

Really appreciate this..

[Sunrise_t 3]

Same way that happened to us last January 2013. I had my interview date when we noticed something that he did not write his first wife's name only the second wife. I asked him how could you forget something so important "then" in your life? Well, he said it's been long time ago and I just happened to forget it. So, what we did withdraw the K1 petition and he came back and we got married and filed for spousal visa July 2013 and things really did not go smooth because we were asked to submit RFE but I guess things happened for a reason (perfect timing on things) and I came here last year May 21, 2014. I received my green card 2 weeks after my arrival. So, good luck to you. It's okay I know the waiting is a killer but everything worth the wait.

[Greenbaum 12,260]

Hank_, on 27 Oct 2015 - 12:13 PM, said:

That is a denial ..... in motion. Officially it isn't denied until USCIS is done with their process, reason being the faulty information was on the I-129F petition. Highly unlikely the current petition will be approved now that the inaccurate information has been noted.

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

The cost to challenge the denial is more than a new visa petition. Let it die.

Get married, file for the spousal visa... and don't leave out any information on the next petition. Marriage is marriage no matter how it ended.

Can they withdraw the K-1 or is it best to just let it die a HARD death. The reason I ask, wouldn't it look better for any future visa application? Chalk it up for experience.

[Hank_ 9,174]

Can they withdraw the K-1 or is it best to just let it die a HARD death. The reason I ask, wouldn't it look better for any future visa application? Chalk it up for experience.

I think trying to withdraw a petition at this time would equate to shutting the barn door after the horse has left.

[DaNnE 17]

Greenbaum, on 28 Oct 2015 - 06:31 AM, said:

Can they withdraw the K-1 or is it best to just let it die a HARD death. The reason I ask, wouldn't it look better for any future visa application? Chalk it up for experience.

I think trying to withdraw a petition at this time would equate to shutting the barn door after the horse has left.

Their CEAC status at the moment is REFUSED. So just it let die then? What's the impact of having a previous visa application for any future visa application? Any circumstances they need to expect?

Thanks for the idea Greenbaum

[Greenbaum 12,260]

DaNnE, on 27 Oct 2015 - 9:56 PM, said:

Greenbaum, on 28 Oct 2015 - 06:31 AM, said:

Their CEAC status at the moment is REFUSED. So just it let die then? What's the impact of having a previous visa application for any future visa application? Any circumstances they need to expect?

Thanks for the idea Greenbaum

If you marry her in the Phil and file a new visa as a spouse of a USC, there is not much they can do to deny you a new visa. Make sure that when you do file, please please don't leave anything out about your life that is asked and always tell the truth to anyone connected with the visa process. You can't afford another mistake. Good luck and keep us posted along the way as how you are doing.

[Hank_ 9,174]

There is not an option to withdraw the petition at this point, blew by that intersection when doing the interview

Edited October 28, 2015 by Hank_

[Greenbaum 12,260]

Thanks Hank.

[DaNnE 17]

If you marry her in the Phil and file a new visa as a spouse of a USC

The beneficiary is my friend, was just posting this to help them..

You can't afford another mistake. Good luck and keep us posted along the way as how you are doing.

Will do..

Thank you Hank_ and Greenbaum for the inputs, really appreciate it

[DaNnE 17]

Same way that happened to us last January 2013. I had my interview date when we noticed something that he did not write his first wife's name only the second wife. I asked him how could you forget something so important "then" in your life? Well, he said it's been long time ago and I just happened to forget it. So, what we did withdraw the K1 petition

Hello Sunrise_t, so by that moment when you realized that something was missing you didn't showed up on your interview and withdraw the petition?

So, good luck to you. It's okay I know the waiting is a killer but everything worth the wait.

The beneficiary is my friend, was just helping them.. Thank you for sharing your experience

[Sunrise_t 3]

Same way that happened to us last January 2013. I had my interview date when we noticed something that he did not write his first wife's name only the second wife. I asked him how could you forget something so important "then" in your life? Well, he said it's been long time ago and I just happened to forget it. So, what we did withdraw the K1 petition

Hello Sunrise_t, so by that moment when you realized that something was missing you didn't showed up on your interview and withdraw the petition?

So, good luck to you. It's okay I know the waiting is a killer but everything worth the wait.

The beneficiary is my friend, was just helping them.. Thank you for sharing your experience

Yes I did not go on with my interview I had plane ticket booked,hotel and all. It was 2 weeks before my interview when we realized about he forgotten to disclosed his first wife. We had lawyer that helped us on the process so she advised us to withdraw it. And suggested to file for spousal visa instead. We followed the suggestion it took a little longer than K1 visa but all worthed it because by the time I arrived here 2 weeks after my arrival I received my green card and i started working with no problem. Tell your friend to not to worry or be sad, time flies so quickly and then before she knows it she'll have her visa. They have all the requirements anyway no more going here and there. HUGS...

[DaNnE 17]

Same way that happened to us last January 2013. I had my interview date when we noticed something that he did not write his first wife's name only the second wife. I asked him how could you forget something so important "then" in your life? Well, he said it's been long time ago and I just happened to forget it. So, what we did withdraw the K1 petition

Hello Sunrise_t, so by that moment when you realized that something was missing you didn't showed up on your interview and withdraw the petition?

So, good luck to you. It's okay I know the waiting is a killer but everything worth the wait.

The beneficiary is my friend, was just helping them.. Thank you for sharing your experience

Yes I did not go on with my interview I had plane ticket booked,hotel and all. It was 2 weeks before my interview when we realized about he forgotten to disclosed his first wife. We had lawyer that helped us on the process so she advised us to withdraw it. And suggested to file for spousal visa instead. We followed the suggestion it took a little longer than K1 visa but all worthed it because by the time I arrived here 2 weeks after my arrival I received my green card and i started working with no problem. Tell your friend to not to worry or be sad, time flies so quickly and then before she knows it she'll have her visa. They have all the requirements anyway no more going here and there. HUGS...

Thank you once again Sunrise_t for the info