USCIS K1 termination notice, questions for refile.

[Dataunavailable 82]

So after our K1 was denied March 2019, our petition was sent back to USCIS for review. I got a letter dated Aug 1st that states about the petition expired and that all USCIS action is done as of date of letter. 

 

I called USCIS, as our case status online is still showing it's being reviewed. And they told me to still possibly wait to refile. 

 

I am wanting to refile another K1 petition, I understand a CR-1 would be better, but everything I've read about a foreigner marrying a Cambodian citizen is not easy and very expensive. 

 

I've been told in email correspondence from the Embassy that the Visa was denied due to "not showing adequate intent to marry". 

So I know the hurdle we have to overcome. 

 

My questions are, with a refile, what would be the best way to submit my petition this time, since I have been back to Cambodia again after the denial, I have signed third party affidavits from friends, family and colleagues who are all aware of our relationship and our intent to marry. I have a letter from a friend who was going to be my best man at the wedding. 

 

Should I be front loading all of this information with the petition,  should I write a cover letter explaining our previous denial?

[Just Paul 4,591]

11 minutes ago, Dataunavailable said:

what would be the best way to submit my petition this time

You can only submit it by mail.

 

11 minutes ago, Dataunavailable said:

Should I be front loading all of this information with the petition,

Yes to the extent that it is on the form

 

11 minutes ago, Dataunavailable said:

should I write a cover letter explaining our previous denial?

In the additional information section you can provide a brief detail.

 

The petition is for USCIS.   You already passed that once.   You need to do better with the interview steps.   Have plenty of updated info for that.

 

Personally I'd still recommend the spousal visa since you can appeal it if there is another denial.

[payxibka 10,044]

This is probably one of those situations where front loading would be beneficial 

[Dataunavailable 82]

1 hour ago, Paul & Mary said:

You can only submit it by mail.

 

Yes to the extent that it is on the form

 

In the additional information section you can provide a brief detail.

 

The petition is for USCIS.   You already passed that once.   You need to do better with the interview steps.   Have plenty of updated info for that.

 

Personally I'd still recommend the spousal visa since you can appeal it if there is another denial.

I would love to, I wish I could hear from someone who has married a Cambodian. They changed it to where now you need to make 2500 USD per month to be able to qualify to marry. Than you also have to get the village chief to approve it and money spent getting forms signed. It also looks like a requirement of being in the country at least 90 days during the process from start to finish. 

[SalishSea 16,899]

7 minutes ago, Dataunavailable said:

I would love to, I wish I could hear from someone who has married a Cambodian. They changed it to where now you need to make 2500 USD per month to be able to qualify to marry. Than you also have to get the village chief to approve it and money spent getting forms signed. It also looks like a requirement of being in the country at least 90 days during the process from start to finish. 

Why not just marry in a third country?

[Just Paul 4,591]

4 minutes ago, Dataunavailable said:

I would love to

. . .  You don't have to get married in Cambodia.  We did Hong Kong to skip the process in the Philippines.

[Dataunavailable 82]

1 hour ago, payxibka said:

This is probably one of those situations where front loading would be beneficial 

In your opinion, would it be beneficial or in a sense, pointless, to put pictures/boarding pass/chats in from our first filing, or just not worry about that and send all the newer paperwork and pictures I have from this years visit? I even took a picture of us both holding up the hotel receipt with our names on it. 

 

Also why I was curious about a cover letter explaining the previous denial and  the reason for the amount of stuff being sent.

I want to come back hard this time, because I don't want it to be like last year, where we get another denial due to not seeming legitimate. I also plan on being there this time for the interview. I personally feel that played a part in the denial. I mean, I can't know for sure if me being there would of made any difference,  but one of his questions was who she came with and why I only visited once prior to filing. 

 

I have everything ready to mail, I'm just trying to get it the best we can possibly can. 

[SalishSea 16,899]

1 minute ago, Dataunavailable said:

In your opinion, would it be beneficial or in a sense, pointless, to put pictures/boarding pass/chats in from our first filing, or just not worry about that and send all the newer paperwork and pictures I have from this years visit? I even took a picture of us both holding up the hotel receipt with our names on it. 

 

Also why I was curious about a cover letter explaining the previous denial and  the reason for the amount of stuff being sent.

I want to come back hard this time, because I don't want it to be like last year, where we get another denial due to not seeming legitimate. I also plan on being there this time for the interview. I personally feel that played a part in the denial. I mean, I can't know for sure if me being there would of made any difference,  but one of his questions was who she came with and why I only visited once prior to filing. 

 

I have everything ready to mail, I'm just trying to get it the best we can possibly can. 

More visits would likely have made a difference in your case.  I would go for a CR-1 after having a wedding in another country if I were you.

[Just Paul 4,591]

The issue wasn't with the petition.  You are fine with USCIS.  The issue was the interview.

1 hour ago, Dataunavailable said:

"not showing adequate intent to marry".

Maybe she didn't present well?  Maybe there was an issue with the Intent letters?  

 

Being there definitely helps.

Edited August 8, 2019 by Paul & Mary

[payxibka 10,044]

1 hour ago, Dataunavailable said:

In your opinion, would it be beneficial or in a sense, pointless, to put pictures/boarding pass/chats in from our first filing, or just not worry about that and send all the newer paperwork and pictures I have from this years visit? I even took a picture of us both holding up the hotel receipt with our names on it. 

 

Also why I was curious about a cover letter explaining the previous denial and  the reason for the amount of stuff being sent.

I want to come back hard this time, because I don't want it to be like last year, where we get another denial due to not seeming legitimate. I also plan on being there this time for the interview. I personally feel that played a part in the denial. I mean, I can't know for sure if me being there would of made any difference,  but one of his questions was who she came with and why I only visited once prior to filing. 

 

I have everything ready to mail, I'm just trying to get it the best we can possibly can. 

As others have mentioned,  your issue isn't the USCIS but the consulate.   Doesn't mean you don't include some stuff with the petition.  You should have an idea what failed previously,  address the shortcomings. 

 

Be very strategic,  don't shotgun.   Carefully develop your plan, carefully select every piece of evidence.   This is a chess game.  Every step should have a purpose.   Your are trying to back the CO into a situation where it is checkmate 

[Dataunavailable 82]

2 hours ago, Paul & Mary said:

The issue wasn't with the petition.  You are fine with USCIS.  The issue was the interview.

Maybe she didn't present well?  Maybe there was an issue with the Intent letters?  

 

Being there definitely helps.

That's entirely possible. The intent to marry letters, I thought, were good, they explained our intentions without sounding over dramatic. 

 

I don't know if I would consider it getting tripped up, but two questions and answers stick out to me in her interview.

 

One was why I only came one time. She said she had to think how to answer in English for a second and said, "He came to see me and for our engagement ceremony and to bring me to the U.S."

 

The other was the question about how we met. We met through her aunt, who I have worked with for years at a Casino. Which she stated when asked. 

At the end he asked something similar,  but he was implying that her sister introduced us, her thought was his question is "Did you talk to your sister about your fiance after you met" she says yes, she than realized he was asking if her sister introduced us and said no and told them she misunderstood and what she really meant. 

 

Those are the bumps, which most likely coincide with the decision that there isn't adequate intent to marry being shown. She knows everything about me, even little nuance things that most people in my day to day life don't. Things I do or things I avoid. 

 

So it is getting a plan of the paperwork to show them the decision the first time was wrong, we are still together strong and are not giving up because we had a denial. 

 

Hind sight is 20-20, but even if I knew me being there would help, it's extremely tough to take the extra time off work when I don't have the extra vacation time,  they have already been super helpful with giving me some days as unpaid to go there in May this year after I was talking to them about the current situation. And I'm eternally grateful to have a job and boss that is understanding,  but they can't just bend rules for me or they have to for everyone. 

 

I appreciate your input. Thank you

[SalishSea 16,899]

To me, it sounds like the connection to her family may have been an issue.  For some consulates, this is a red flag.

 

I have never heard of letters of intent even entering into a denial at the interview - unless they specifically wanted updated ones?

[SalishSea 16,899]

10 minutes ago, Dataunavailable said:

it's extremely tough to take the extra time off work when I don't have the extra vacation time,  they have already been super helpful with giving me some days as unpaid to go there in May this year after I was talking to them about the current situation.

This is an issue for many who pursue relationships overseas.  Unfortunately, USCIS/DOS doesn't care about the cost/time issue.  They still want to see genuine relationships, and time spent together is premium evidence.

[Dataunavailable 82]

58 minutes ago, payxibka said:

As others have mentioned,  your issue isn't the USCIS but the consulate.   Doesn't mean you don't include some stuff with the petition.  You should have an idea what failed previously,  address the shortcomings. 

 

Be very strategic,  don't shotgun.   Carefully develop your plan, carefully select every piece of evidence.   This is a chess game.  Every step should have a purpose.   Your are trying to back the CO into a situation where it is checkmate 

You are exactly right, and that's why I came here to get advice from you all. Because I have the understandings of what went wrong and heard it straight from the consulate in an email. My concerns are how to arrange this all, without it looking like I'm just putting in extra paper for bulk.  To show them, without being a smartass, and showing respect, because I do respect the people that have to do this job, that the denial was wrong, that we do love each other and want to start a family here. 

[Dataunavailable 82]

2 minutes ago, Jorgedig said:

This is an issue for many who pursue relationships overseas.  Unfortunately, USCIS/DOS doesn't care about the cost/time issue.  They still want to see genuine relationships, and time spent together is premium evidence.

And that is completely understandable,  and definitely not an excuse on my end. I do bust my A at work and save my vacation up to see her when I can. I don't take days off, it's all saved so I can see her for a few weeks each year. 

 

If she could get a visitors visa I'd happily bring her here for a week or two as well. But I know it will be denied, especially taking into consideration the K1 denial. Because as much as I could say I she would go back, which she would, and we are doing this the right way and not trying to get around anything, it would be denied. 

 

That's all I'm trying to do, follow the rules and get my fiance here the correct and legal way.