I-129 Petition for K1 visa question!

[markdavis803 0]

Hello I am new to the forum but have been trying to search through all the posts but really I'm more confused now. I do not understand all the abbreviations and short sentences so I'm hoping someone with patience and knowledge can help. My petition was approved and I got an approval notice of 6/22/2016 through 10/21/2016. My fiance got an interview though 11/10/2016. After reading the posts I am confused as if her interview was already to late. Nobody ever said anything and we done what the lawyer and other government agencies asked of us. Anyways she was denied due to the consular officer finding our relationship to be fraudulent. She couldn't answer 3 questions about an ex wife I had been divorced from about 8 years. I couldn't either to be honest as I have no idea where she lives or if she is close. I provided proof of my divorce decree and it shows how long ago it's been. As far as proof, the officers were pleased and told her she brought more than enough. The officer asking those questions just had to be the ****! So make it a point to discuss your exes people apparently it's American now. I have also been told they can even ask how much your spouse paid for a ring. While searching for an immigration lawyer you might well have a divorce lawyer handy as well! So November 10 2016 was her denial, now April 27, 2017 and USCIS has been reviewing our case since February 13th. Am I correct to assume from what I read I should file a new petition to get an interview quicker? She is in Cambodia and from what I have learned I would have to spend a month there to be able to get approved for marriage. I can't do that because of work and the home I bought for us. Looking for  some good advice or knowledge because I'm lost. I have thought about Rapid Visa because they seem to offer more than the Lawyer's assistant I had to deal with already. Just trying to not waste anymore time waiting if my petition has done expired. You would think as a government contractor for Homeland Security I would have insight or someone who can help. You can also wonder why I am on this forum after being labeled as a fraud trying to get my fiance here, I can assure you it makes going into my job now not so easy. 

[NikaMo 39]

You lost more then 5 months waiting to hear from USCIS? You wasted all this time for nothing. Forget about previous case and re apply for a new K-1 immediately since you cannot get married in Cambodia. You can file it tomorrow. Just make sure you write a K-1 waiver letter with your new petition and also write a letter to withdraw your old petition. You will never hear from USCIS about your old case until it expires. Then you will get a letter saying your case has been expired. Don't waste any more time and file tomorrow. If need any assistance just ask. Cambodia used to be one of the toughest country to get approved for K-1. Recently more people getting approved but still is a tough embassy. They deny cases for no reason at all. As a K-1(Denied in 2011) and CR-1(Approved in 2013) veteran of this embassy, I know a lot about this embassy.  Ask any question you might have.

[NikaMo 39]

Just realized you also had a lawyer. And you wasted all this time? Why did you pay your lawyer for? Anyway, at this stage lawyer is useless. Lawyer didn't advise you correctly anyway. You should have applied for a new K-1 right away. Why your lawyer didn't advise you this? My guess is he is not familiar with K-1 cases and specially not familiar at all with Cambodia. I would fire that lawyer immediately. I helped many people in the past here mostly denied cases in Cambodia. Because of my job and family I cannot give more time at this forum anymore. But once in a while case like yours I feel an obligation to help. I fought this embassy for almost 4 years. But I learned if you are really committed, you will win at the end. You want to win or not its up to you. Don't rely on useless lawyers or misinformation.

[markdavis803 0]

Thank you Nika for your response! I actually traveled to my local USCIS office before getting your response. It was a waste of time! I did ask about them holding onto to my petition until it expires on purpose. The lady pointed out that they did not put a date on my paper so it wouldn't expire like that. I asked about filing a new petition because I didn't want to just sit around and wait for nothing. She told me that I could but run the risk of an easy denial with my old K1 petition not being dealt with. I'm assuming she was referring to the denial on our record as she mentioned it would be difficult to overcome that if it was still there. This is what makes things so confusing I think. I am with you and agree I should just start a new petition. The only thing I don't feel 100% about is this denial being on our record and how it could pose problems. Of course I could not get any clarification on what to do from them. Just wondering should I verify this denial is off the table before I start a new petition?

[NikaMo 39]

16 minutes ago, markdavis803 said:

Thank you Nika for your response! I actually traveled to my local USCIS office before getting your response. It was a waste of time! I did ask about them holding onto to my petition until it expires on purpose. The lady pointed out that they did not put a date on my paper so it wouldn't expire like that. I asked about filing a new petition because I didn't want to just sit around and wait for nothing. She told me that I could but run the risk of an easy denial with my old K1 petition not being dealt with. I'm assuming she was referring to the denial on our record as she mentioned it would be difficult to overcome that if it was still there. This is what makes things so confusing I think. I am with you and agree I should just start a new petition. The only thing I don't feel 100% about is this denial being on our record and how it could pose problems. Of course I could not get any clarification on what to do from them. Just wondering should I verify this denial is off the table before I start a new petition?

Trip to your local USCIS office is a waste of time. In my personal case I called and was told on the phone don't do anything until I hear from them. That is of course a misinformation. I personally petitioned again after denial but as CR-1. But I personally know and helped at least 7/8 people just like you. They all members of this group and also in Facebook visa journey. So far, everyone successful and last few ones recently got their visa. Everyone got approved so far who I helped. They all became my lifelong friends. Happy ending in the end. If anyone one of you reading this post can confirm this. But if you just wait you just waste your time. K-1 petition expires one year after the date. But you can apply immediately before expiration date. You need a K-1 waiver letter. Your old case expires or not you need that waiver any way. There is no hope in your old case. So why waste time? I can personally give you few people who went through this but need to as them first. Most of them are members here. You may be able to check some of my old correspondence with them here. They all been approved and already in the USA.

[NikaMo 39]

You may not know that 9 out of 10 K-1 cases in Cambodia used to be denied just like you. Most of the time for no reason at all. You know your cause but I never knew why exactly. Most people never knew. They don't pinpoint either. Anyway it is very common at this embassy and there is absolutely no problems filing 2nd time at this embassy. It actually proves that you are really committed. In my opinion, it's another way they try to weed out fraud. I witnessed many cases over the years at this embassy and rate of passing the interview very high here. Very rare the reject 2nd time unless they find something really wrong. In the mean time if you visited your fiancé more chances of approval goes way up. This embassy mostly deny K-1 cases for only one visit. If you have 3/4 visits, very rare they deny you.

[markdavis803 0]

I have been twice and was going for the third time this year. I was mainly waiting to go to her interview if she was awarded another one this year. Due to my job being classified there are many obstacles I have to overcome just to be able to travel outside the country and I can only take up to 8 days off within each year. Just trying to make that one trip count as much as possible! To share some light on how we met, I didn't meet her online. I have grew up around her family here in the States since middle school, her cousin is like a brother to me. I had been single for almost three years before I considered dating again. I have grown tired of trying to date women here in the states as I just haven't found what I was looking for. Her Aunt which I know very well got in on one of my rants and listened to me. She didn't even know I was single and mentioned her niece if I wanted to check her out. We talked for about 6 months before meeting and her Aunt helped us translate as well as accompanied me on my first trip. We knew how we felt prior to meeting, but spent about a week together traveling around Phnom Penh, before I asked her if she would marry me. Then we spent another half week in Siem Reap before I had to leave. The second time I was there we spent a few days traveling Cambodia to meet her relatives and we tried to conceive a child. I want her here more than anything but we both want so bad to have a child together! We constantly go back and forth who we both want the child to take after. Anyways off topic sorry! I work nights so I am going to look up and see how to obtain the K1 waiver form as well as how to start a new petition. Thank you so much for your time, advice, and help! I get overwhelmed with not knowing how to take care of something like this but I think with me trying to adjust to working nights and going back to school full time might contribute to that. The lawyer helped fill stuff out and file some stuff, as well as she knew where to look. Other than that a waste of $3,000 as I only worked with the lawyer's assistant.

[markdavis803 0]

I forgot to mention we do have papers signed by an appointed official there saying we had a ceremony for our engagement. We done this at her family's residence there in one of the provinces. The reason they denied her was because she couldn't answer 4 questions regarding an ex-wife I had over 8 years ago. I can not answer some of the questions myself because I do not stay in touch with my exes. I think had I been there, the questions would have been more fair. This time I will make sure I am there! I have also contacted all the senators and house representatives in NC, as well as local city council. I stay in touch with them and actually they are really well responding back. I even got a letter from former President Obama with his sympathy. Due to my job I have reached out and asked for backing from some personal with high rankings in the military. I also emailed the Cambodian Senator here in the States at the beginning of the year. I will have to look as I have forget his name, I think Sam? I thought that was pretty cool as he beat out another Cambodian for the position.

[NikaMo 39]

Just realized you also had a lawyer. And you wasted all this time? Why did you pay your lawyer for? Anyway, at this stage lawyer is useless. Lawyer didn't advise you correctly anyway. You should have applied for a new K-1 right away. Why your lawyer didn't advise you this? My guess is he is not familiar with K-1 cases and specially not familiar at all with Cambodia. I would fire that lawyer immediately. I helped many people in the past here mostly denied cases in Cambodia. Because of my job and family I cannot give more time at this forum anymore. But once in a while case like yours I feel an obligation to help. I fought this embassy for almost 4 years. But I learned if you are really committed, you will win at the end. You want to win or not its up to you. Don't rely on useless lawyers or misinformation.

[NikaMo 39]

Well your story very similar to me. How you met through family and stuff. You even did the similar things like me contacting senators. But I learned my lesson. You have to do all that right before interview. Nothing can be done right now. So basically you just regroup and re apply. There is no form for a waiver letter. You just have to write for a K-1 waiver letter with a heading K-1 waiver. Anyone applying for K-1 2nd time within 2 years need to file this waiver. Also write another letter to request withdrawing your previous case. Write all the case number, beneficiary info everything. You must have copies from first application. Use those for everything else. That's it. You should have an interview within 6 to 9 months.