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K1 Visa denied to my Filipina Fiancee

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Filed: K-1 Visa Country: Philippines
Timeline

I need some help guys!

On September the 8th my fiancée was denied her K-1 Visa at the US Embassy in Manila. They told her it was her protection.

They told her I had a DUI in 2000 and I did.

And on the application a question was asked have you ever been convicted of Domestic Violence and I have for assault on a female so I sent my conviction papers.

I am not a bad guy so before I get beat up on this forum let me explain.

In 2012 I caught my wife cheating and gave her another chance...3 months later I caught her again so I put her things outside and she recorded with her phone. I told her to get it out of my face with the phone and she wouldn't so i smacked the phone out of her hand. I know it was stupid and I was hurt and made a mistake. In court...I was told even though I didn't touch her physically that was still assault on a female.

So....I messed up but have never touched a woman!

They Consulate told her that it appeared to them that I was abusive to women and had a drinking problem. I have not touched alcohol in over 6 years.

They told her I have been divorced 2 times and that was an issue.

They also told her there is a big age difference she is 23 and I am 47. They said you need to get on facebook and try again... sorry but you are denied for your protection.

She is begging me not to give up I have went and seen her 2 times this year and we have become very close in the last 20 months.

They told her she could reschedule but it might not help and if I find another woman they would have on record that i was in on a previous K1 Visa denial.

She called to day and they said they would email her a form to reschedule.

I am not sure what she is talking about...she said reschedule but I think she means an appeal??

I was told the best thing to do is just refile...then I was told to go to the Philippine and marry her and file for a spouse visa because if you are married...the requirements...like criminal past is not something they ask about like they do for a K1 visa and it would be harder for them to deny her a spouse visa.

I love her very much and she does me also. She has asked me to just quit my job and move to the Philippines....but I can do that.

What is the best thing for us to do...and do we still have a chance to be together?

Thanks for your help!!

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Filed: Lift. Cond. (apr) Country: China
Timeline

~Moved from K1 Process to K1 Progress Forum~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Filed: Other Country: Nigeria
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hmm thats alot of red flags , but seems spousal would be the only chance now , dont be surprised if she gets scrutinized during the interview , may be wise to get a lawyer this time


 

 

 

 

 

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Filed: AOS (apr) Country: Philippines
Timeline

Agreed with Soulstriker.

The DUI even itself probably is just an added reason ontop of the "assault" conviction, regardless of how it actually played out in real life, it was a charge and conviction so cannot avoid it now regardless.

The age difference is always something they look at; but not exactly the "biggest spread" ever with a K-1.

It all just kind of adds up unfortunately to something they see and don't like.

See what your fiance does receive in the sense of the "appeal"; but definately I would get an immigration lawyer's advice and recommendations about it before refiling or trying to do the spousal visa.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

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Filed: Timeline

Yes, on paper that is a lot of red flags. A DUI, a domestic assault, 2 divorces and an age gap. The last 2 really aren't much of a problem by themselves but add them to the other 2 and they become a possible problem. She might be trying to get an appeal but If the consulate issued a protective denial then I'm not sure of an approval. Check out information about IMBRA.

My advice? Get a lawyer and see if marrying with a CR-1 is an option. K-1s once denied are usually a dead end. Find out what you need to prove that you have taken the proper actions, classes, etc to counter the DUI and Assault. Be prepared. This won't be easy. Good Luck.


 
 

 

 

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

Did she know about your DUI and the assault before she went to the interview? IMBRA applies to spousal visas too.


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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Filed: K-1 Visa Country: Philippines
Timeline

hmm thats alot of red flags , but seems spousal would be the only chance now , dont be surprised if she gets scrutinized during the interview , may be wise to get a lawyer this time

hmm thats alot of red flags , but seems spousal would be the only chance now , dont be surprised if she gets scrutinized during the interview , may be wise to get a lawyer this time

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Alcohol and DV does not look good on paper. Seems your fiance sincerely wants to be with you. Go the spousal route.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: AOS (apr) Country: Cyprus
Timeline

Find out what they were talking about in regards to re scheduling. If they meant they will re schedule her for a second interview then

fly over and be there !

If they return the petition to USCIS for "review" then it is DOA and there will be no review it will be purposely allowed to expire.

There is no appeal.

If that is the case then marry and file a CR1 and consult a lawyer and front load your next petition.

Best wishes.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: K-1 Visa Country: Philippines
Timeline

She said they told her to go home and talk to me to makes sure this is what she wants and make sure that the assault will never happen again and reschedule...this is her message just now:

I also ask if i will cll for reschedule if do i need to mdical again do i need to do all again they just said i will call their landline number and just tell i want to reschedule, i also ask if do i have something that i need to bring he just my passport and other pprs that i have, and i already at US embassy i will just go to window 31 I told them i really love you and i dont care about all your case, but yeah they said we need to tlk about this about all your case they really worried about your case assault on a fmale hon, i told them i know that case and told them i blieve what you said and i told them i dont care about your all case, i love you and want to be wth you, but the consol said im still young beautifull and nice prson he said i can find another love morethan i feel now, he said we need to tlk about your case and mke sure it will nver hppen to me

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Did she know about the domestic violence case before she went to the interview?

Even if a visa was obtained wouldn't the CFO interview be difficult (if not impossible) and without that she isn't leaving the Philippines.


K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

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Filed: K-1 Visa Country: Philippines
Timeline

Did she know about the domestic violence case before she went to the interview?

Even if a visa was obtained wouldn't the CFO interview be difficult (if not impossible) and without that she isn't leaving the Philippines.

Yes it says above that she told them she knew about all of my cases

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Filed: K-1 Visa Country: Philippines
Timeline

I know they are protecting her....and I appreciate it....because there are alot of bad people in this world....but my assault on a female was knocking the phone out of my exes hand...was that smart....that was stupid...but I am not a wife beater....I made a mistake but they just see assault on a female...I don't know what will happen at the CFO...I was told by many that they had fiancée's get approved for far worse than what I have done...but....I don't know if that is true or not???1

I am not a bad man...and she knows that....but on paper it don't look good.

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Filed: AOS (apr) Country: Cyprus
Timeline

Re schedule, be there on the premises and request to be part of the interview, then tell them what exactly happened and convince them nothing

like that will ever happen again and bring a doctor's letter that you have been sober for 6 years.

You really should be there or you may have to re file if not approved.

If you can not attend then at least write a letter explaining everything (and doctor's letter) and scan it to her so she can take it with her.

You being there could make or break the case.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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