Failed K1 Reapplying for a new K1

[Caykay1 71]

It's more advisable to get married and go for CR1. There's a 98% of approved when you marry and do CR1 after denied K1

[shoeman009 7]

As I have read other places and talked with several lawyers both here in the US and Thialand.

A lawyer prepared package carries more weight in some cases. The same as a represented home buyer with a pre approval letter. Yes It is a paper exercise. Yes I did do a good job the first time. It derailed on the interview.

From the correspondence I got from my senators office and the debriefing of my fiancé, we were denied for an IMBRA Clarification and the city we met in. They didn't believe her job.

The job we have fixed. Affidavits and such. The IMBRA was for a protective order out of a divorce. The order expires in 2 weeks. No arrests no charges no convictions. And I have affidavits and a transcript where the judge left in place as a modified no contact order. Had I known then I would have fought harder to get it dropped.

Now we have much more time together. Much more communication and I took my son with me to meet her family.

I was just spitballing things and timing.

Yes I could do a CR 1. I'm taking a gamble about another K1. I'd rather take this risk being guided by a professional. Had I known and had a lawyer this time I could have forced a review at the embassy. Missed that chance hence someone who knows the game but also the playing field would have been helpful.

Thanks for your answers.

[Unidentified 2,930]

As I have read other places and talked with several lawyers both here in the US and Thialand.

A lawyer prepared package carries more weight in some cases. The same as a represented home buyer with a pre approval letter. Yes It is a paper exercise. Yes I did do a good job the first time. It derailed on the interview.

From the correspondence I got from my senators office and the debriefing of my fiancé, we were denied for an IMBRA Clarification and the city we met in. They didn't believe her job.

The job we have fixed. Affidavits and such. The IMBRA was for a protective order out of a divorce. The order expires in 2 weeks. No arrests no charges no convictions. And I have affidavits and a transcript where the judge left in place as a modified no contact order. Had I known then I would have fought harder to get it dropped.

Now we have much more time together. Much more communication and I took my son with me to meet her family.

I was just spitballing things and timing.

Yes I could do a CR 1. I'm taking a gamble about another K1. I'd rather take this risk being guided by a professional. Had I known and had a lawyer this time I could have forced a review at the embassy. Missed that chance hence someone who knows the game but also the playing field would have been helpful.

Thanks for your answers.

Since you seem like you really really really want a lawyer this time make sure you do your research on the person you hire. Lots of people on here with crappy lawyers who cause RFE for stupid stuff, lawyers who delay their application on purpose to make more money and some who frankly have no idea what the heck they are doing.

And I agree that you should marry and do CR1.

[AP16 30]

As I have read other places and talked with several lawyers both here in the US and Thialand.

A lawyer prepared package carries more weight in some cases. The same as a represented home buyer with a pre approval letter. Yes It is a paper exercise. Yes I did do a good job the first time. It derailed on the interview.

From the correspondence I got from my senators office and the debriefing of my fiancé, we were denied for an IMBRA Clarification and the city we met in. They didn't believe her job.

The job we have fixed. Affidavits and such. The IMBRA was for a protective order out of a divorce. The order expires in 2 weeks. No arrests no charges no convictions. And I have affidavits and a transcript where the judge left in place as a modified no contact order. Had I known then I would have fought harder to get it dropped.

Now we have much more time together. Much more communication and I took my son with me to meet her family.

I was just spitballing things and timing.

Yes I could do a CR 1. I'm taking a gamble about another K1. I'd rather take this risk being guided by a professional. Had I known and had a lawyer this time I could have forced a review at the embassy. Missed that chance hence someone who knows the game but also the playing field would have been helpful.

Thanks for your answers.

What was the problem with her job? As far as I know, only the petitioner's job matters to the process.

Well, as long as there are no objective requirements and one single person has all this discretion to believe or not stuff that are documented, without any chance of appeal, cases like yours will keep happening. I'm sorry for you and good luck on the next try.

[Illiria 980]

What was the problem with her job? As far as I know, only the petitioner's job matters to the process.

Well, as long as there are no objective requirements and one single person has all this discretion to believe or not stuff that are documented, without any chance of appeal, cases like yours will keep happening. I'm sorry for you and good luck on the next try.

I would hazard a guess that they took it to mean she was working as a bar girl (most of the time assumed to be a hooker) or massage parlour worker (most of the time assumed to be a hooker) and along with the petitioners no contact order they decided to send the petition back to uscis which on a k1 will let it die a slow death.

So you now have documentation to show her job isn't what they think it is and the no contact order is coming to an end. Any chance the ex will apply for the no contact order to continue? You said you took your son to see her, was the ex ok with this? Could this prompt the ex to try and get another order?

Edited July 12, 2016 by Illiria

[shoeman009 7]

Different X. First X is happy with this. We get along pretty well. Always have for raising the kids.

I don't think 2 nd X will apply to extend. It's been 2 years. I live 2 states away.

I've had no contact for a long time.

Very astute observation illiria on the situation. I wish others were as insightful and observant thank you.

Fingers crossed.

[AP16 30]

I would hazard a guess that they took it to mean she was working as a bar girl (most of the time assumed to be a hooker) or massage parlour worker (most of the time assumed to be a hooker) and along with the petitioners no contact order they decided to send the petition back to uscis which on a k1 will let it die a slow death.

So you now have documentation to show her job isn't what they think it is and the no contact order is coming to an end. Any chance the ex will apply for the no contact order to continue? You said you took your son to see her, was the ex ok with this? Could this prompt the ex to try and get another order?

I think they assume too much...

What is this no contact order?

US legal system is different and I'm a law bachelor, so I'm just curious about how this affects a case.

[zorus40k 21]

It's better to go through another medical, not only it will be related to new case number but also to avoid medical with civil surgeon here in US during AOS process.

[Illiria 980]

Thanks :-) Glad your sons mom is ok with it and that you have a good co-parenting situation, always best for the kids. Was good your son got to meet her and her family, springing it on kids is the worst thing and can lead to acceptance issues.

[WandY 430]

A "No Contact" order is a civil filing akin to an order of protection. In other words, X does not want Y to initiate contact (no phone calls, no letters, no e-mail, text, pulling up in the driveway, etc.). It is also commonly known as an ex-parte (there's you law school Latin, AP16). Violating an order may result in arrest or jail based on contempt of the court order. In Shoeman009's defense, Americans often use ex-parte (No Contact) orders as a means to punish, harass, or intimidate the other partner. Also, some lawyers use No Contact orders as a prejudicial move and/or as legal bait. For one, a No Contact order makes the receiving party look dangerous/evil. Also, if the receiver of the order can be "baited" into violating it, well...the case gets easier. I worked in a law firm that loved to lure unsuspecting men into violating protection orders. It's easy to do. It's wrong, but common.

[AP16 30]

A "No Contact" order is a civil filing akin to an order of protection. In other words, X does not want Y to initiate contact (no phone calls, no letters, no e-mail, text, pulling up in the driveway, etc.). It is also commonly known as an ex-parte (there's you law school Latin, AP16). Violating an order may result in arrest or jail based on contempt of the court order. In Shoeman009's defense, Americans often use ex-parte (No Contact) orders as a means to punish, harass, or intimidate the other partner. Also, some lawyers use No Contact orders as a prejudicial move and/or as legal bait. For one, a No Contact order makes the receiving party look dangerous/evil. Also, if the receiver of the order can be "baited" into violating it, well...the case gets easier. I worked in a law firm that loved to lure unsuspecting men into violating protection orders. It's easy to do. It's wrong, but common.

Oh I understand, thank you for your answer.

Actually we have something similar in Brazil's legal system, but it's not that common. Divorces here are not that "agressive", most of the times.

[Villanelle 4,121]

Lets keep on topic here guys.

Shoeman you say had you known then. Im sorry that this is coming as a shock to you. A RO or TPO or CPO depending on where you live is a BIG deal. It can cause a revoke of security clearance, complicate a background check, affect credit, renting an apartment, obstruct job opportunities, and restrict or prohibit the use of a firearm. In fact the federal clause prohibits any weapons like knives, guns, grenades, ammo, even collectible swords etc.

It seems what happened is the Embassy wanted a reason to deny you so they found it. A review while it was at the Embassy wouldve shown the IMBRA charge was a non issue. Im hesistant to say having an attny wouldve avoided that. There are far too many stories on here from people who had a complex case and used an attny only to find the attny had no experience with complicated cases. Many attnys make a living submitting immigration paperwork and 99 percent of the time it will be just standard. So if you are going to invest in an attny instead of another trip to marry then make sure you do research. Ask questions that you know the answer to and see what their response is. Most attnys also charge a standard fee and if it gets complicated then they want more money so prepare for that.

You also have to have the most information you can about the denial. You referenced so far age, IMBRA, and her job. You seem to have the job under control. For the age difference theres not much you can do besides showing more proof of the relationship. I have to say I agree with your reasonings about using a lawyer- Often times it seems denials are issued and the fact that you come back helps prove the point that you are legit. Same goes for investing money in an attny. If you werent serious you wouldnt do that.

For the IMBRA- part of it is the Embassy rejecting it and sending it back for review incorrectly and the other part is the actual interview. I can link you some pdfs on IMBRA but thay are easily found on google. Basically as it relates to you is the USCIS did a background check. Your offense (dont know what else to call it) is not on any list of excludable offenses nor is it something that needs a waiver. All it needs is to be disclosed to the intending immigrant by the Embassy and the immigrant to acknowledge it and still want to continue with the visa.

Often times the CO will use this as a test for the immigrant. They try to see how much they know about it. If it matches the info on the paper they have etc. Mismatching answers causes problems. How your fiancee responded to it can cause problems. You need to get your fiancee a copy of the report etc. You do have time now that you are re filing to gather it up. Transcripts (very cheap from the clerk), the actual order, even the initial complaint. Most dont know they are entiled to that. When someone requests an order they fill out a form and make a sworn statement as to why they want/need it. This is on file with the court somewhere. Most offenders are not aware of this and simply go into court unprepared for what they are even being accused of.

This also appears to be your 3rd marriage? Thats a bit of a flag which didnt come up this time but may the next time around. The only way to prepare for that is to show a legit relationship and if you can proof of the reasons why the previous marriage failed. It seems wife 2 had an affair and probably wife 1 was when you were too young to know what you were getting yourself into.

But anyway I wish you guys luck. And thank you to Kay for posting the correct info on k1 medicals. I havent been in the K process or forums in years so sorry about that.

[Ryan H 3,790]

~~~Closed for review~~~

***Thread back open, one post instigating unnecessary drama removed. Heed what is quoted below, failure to do so will result in appropriate action being taken.***

Lets keep on topic here guys.

Edited July 12, 2016 by Ryan H

[Ebunoluwa 6,136]

I am not 100% sure and can not find any reference but I think that with a second K1 for the same beneficiary with a technically still valid

under 6 months medical, a new medical is needed simply because it is a new petition. Can anyone confirm this with a link ?

[shoeman009 7]

Well for all those that replied I thank you. I posted another thread about this, but wanted to add to this one.

My original petition was reaffirmed by the USCIS and sent back to the NVC / Embassy.

I had tried to withdrawl in preparation for the new K1 but it evidently got lost. In the meantime the original was reaffirmed !

So I've withdrawn k1 #2 and USCIS says it's all good on their end.

I'm beyond shocked but very pleased.

Edited September 7, 2016 by shoeman009