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Filed: AOS (apr) Country: Peru
Timeline
Posted
I guess my main question is:

Has anyone experienced working through the initial k-1 Visa denial process?

What is the success rate and time frame?

I have an appointment with a lawyer?

I'm not sure you can overcome this if they have signed proof that your future wife was only marrying for immigration benefit - ie marriage fraud.

This is beyond the scope of the board. Just go talk with your lawyer and let us know how it goes.

this is the way the world ends

this is the way the world ends

this is the way the world ends

not with a bang but a whimper

[ts eliot]

aos timeline:

married: jan 5, 2007

noa 1: march 2nd, 2007

interview @ tampa, fl office: april 26, 2007

green card received: may 5, 2007

removal of conditions timeline:

03/26/2009 - received in VSC

07/20/2009 - card production ordered!

Filed: AOS (apr) Country: Romania
Timeline
Posted

yea its going to be hard to try and get another type of visa where shes already signed something stating that.

good luck tho

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Posted (edited)

Did she state that herself that she was marrying to gain immigration benefits and raise her family in the USA and that the both you don't speak the same language???? if so, i wouldnt continue with the process unless you wanted to be used by somebody. I wish the best of luck to you and do what's best for you.

Edited by 77Maureen

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Filed: Other Country: China
Timeline
Posted
I guess my main question is:

Has anyone experienced working through the initial k-1 Visa denial process?

What is the success rate and time frame?

I have an appointment with a lawyer?

Sure, a lot of people have, but none I know of when the fiance(e) signed an affidavit like you describe. Just how did that happen again?

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: AOS (apr) Country: Philippines
Timeline
Posted
Hello:

The reason given is: "Beneiciary signed an affidavit noting that she married Petitioner SPECIFICALLY to incur immigration benefits and raise a family in the US".

Married is in the past tense so it indicates that an the marriage event has occured... If that is a fact, then you are no longer eligible for a K-1 visa and this cannot be overcome unless you re-petition and change visa types.

YMMV

Filed: AOS (apr) Country: Peru
Timeline
Posted
Hello:

The reason given is: "Beneiciary signed an affidavit noting that she married Petitioner SPECIFICALLY to incur immigration benefits and raise a family in the US".

Married is in the past tense so it indicates that an the marriage event has occured... If that is a fact, then you are no longer eligible for a K-1 visa and this cannot be overcome unless you re-petition and change visa types.

And have a really good reason why the affadavit was signed in the first place?

Actually, even that may not help.

this is the way the world ends

this is the way the world ends

this is the way the world ends

not with a bang but a whimper

[ts eliot]

aos timeline:

married: jan 5, 2007

noa 1: march 2nd, 2007

interview @ tampa, fl office: april 26, 2007

green card received: may 5, 2007

removal of conditions timeline:

03/26/2009 - received in VSC

07/20/2009 - card production ordered!

Filed: Timeline
Posted
Hello:

The reason given is: "Beneiciary signed an affidavit noting that she married Petitioner SPECIFICALLY to incur immigration benefits and raise a family in the US".

Married is in the past tense so it indicates that an the marriage event has occured... If that is a fact, then you are no longer eligible for a K-1 visa and this cannot be overcome unless you re-petition and change visa types.

And have a really good reason why the affadavit was signed in the first place?

Actually, even that may not help.

Pretty sure that bit in red is a giant NO.

Posted

Engineer...

This is definitely one for a lawyer, but if you want to get any information that might be even slightly useful here, you're going to have to give more information. Can you explain more about the affidavit? Did she sign it at her interview? Why? Did she know what she was signing, did she understand what it said?

And can you clarify... are you two married, then? And what visa have you applied (and been denied) for?

I don't know... maybe she was given some piece of paper to sign amongst all the others (in English?!) at her interview?! That would be pretty sneaky... especially if her English is non-existent...

2005 - We met

2006 - Filed I-129F

2007 - K-1 issued, moved to US, completed AOS (a busy year, immigration-wise)

2009 - Conditions lifted

2010 - Will be naturalising. Buh-bye, USCIS! smile.png

Filed: AOS (apr) Country: Philippines
Timeline
Posted
Hello:

The reason given is: "Beneiciary signed an affidavit noting that she married Petitioner SPECIFICALLY to incur immigration benefits and raise a family in the US".

Married is in the past tense so it indicates that an the marriage event has occured... If that is a fact, then you are no longer eligible for a K-1 visa and this cannot be overcome unless you re-petition and change visa types.

And have a really good reason why the affadavit was signed in the first place?

Actually, even that may not help.

Pretty sure that bit in red is a giant NO.

I hear yeah.... but I don't think the info on the affadavit is sufficient to completely close that door (other visa type) but it might be... If they are indeed married then K-1 door is locked

YMMV

Filed: AOS (apr) Country: Peru
Timeline
Posted
Hello:

The reason given is: "Beneiciary signed an affidavit noting that she married Petitioner SPECIFICALLY to incur immigration benefits and raise a family in the US".

Married is in the past tense so it indicates that an the marriage event has occured... If that is a fact, then you are no longer eligible for a K-1 visa and this cannot be overcome unless you re-petition and change visa types.

And have a really good reason why the affadavit was signed in the first place?

Actually, even that may not help.

Pretty sure that bit in red is a giant NO.

I know :P I was being sarcastic (oops)

While fwaguy says it may not be completely closed, if they have signed "proof" of marriage/immigration fraud, I would think it would be EXTREMELY difficult to come here - ever.

this is the way the world ends

this is the way the world ends

this is the way the world ends

not with a bang but a whimper

[ts eliot]

aos timeline:

married: jan 5, 2007

noa 1: march 2nd, 2007

interview @ tampa, fl office: april 26, 2007

green card received: may 5, 2007

removal of conditions timeline:

03/26/2009 - received in VSC

07/20/2009 - card production ordered!

Filed: Other Country: China
Timeline
Posted
may simply be too many obstacles to overcome...

Lots of maybe to agree with here but until Engineer come forward to explain why and what exactly his "fiance" signed, we have nothing but maybe to offer.

"Married" will be reason enough to deny a K1 visa, as will strictly to obtain an immigration benefit.

What is the actual an complete wording of the reason for denial?

Why and under what circumstances did she sign any such affidavit?

What did the affidavit specifically state?

Without those answers and possibly more, we have only maybe.

My first thought was simply that the letter of intent originally states her reason for wanting to marry the petitioner was to move to immigrate to the US in order to benefit herself and her children. If she neglected to mention any other reasons for her intent to marry the petitioner, that could be the whole enchilada. I suspect there is far more to the story we need to hear to be of help.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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

One possibility I did not see mentioned: Could she have previously married under false pretenses? If so, perhaps she signed an affidavit as an alternative to prosecution which was kept on file to prevent further attempts.

  • 07/17/07 Returned from two months in China. All K1 documents 'in hand'.
  • 07/19/07 Completed preparation of I-129F & associated documentation. Mailed it.
  • 08/03/07 Received NOA1 from the CSC.
  • 12/13/07 Received NOA2 from the CSC.
  • 01/23/08 NVC sent our case to U.S. Consulate in Guangzhou China.
  • 03/31/08 U.S. Consulate in Guangzhou China received, issued case number.
  • 04/05/08 P3 received.
  • 04/06/08 P3 sent.
  • 05/01/08 P4 received.
  • 05/12/08 Flight to China.
  • 06/23/08 Interview at U.S. Consulate in Guangzhou China- PINK.
  • 06/25/08 K1 & K2 visas received.
  • 07/09/08 We all arrive in America, Chicago POE
  • 08/06/08 Fiancee receives SSN (req. for marriage in our state)
  • 08/08/08 Married
  • 09/01/08 Moved into new house. AR-11's filed for wife & son.
  • 09/19/08 AOS / EAD package mailed.
  • 09/25/08 AOS / EAD NOAs.
  • 10/02/08 Biometrics letters.
  • 10/16/08 Biometrics taken.
  • 10/17/08 Case transferred to CSC.
  • 12/08/08 EADs approved / EAD cards issued.
  • 03/05/09 AOS approved.
  • 03/12/09 Green Cards received.
  • 09/17/10 Application for Lifting Conditions Mailed.
  • 10/04/10 NOA1
  • 10/19/10 Biometrics Taken.
  • 01/07/11 Removal of Conditions Approved
  • 02/26/12 Still Happily Married & Doing Well

4983700_bodyshot_300x400.gif

Filed: K-1 Visa Country: China
Timeline
Posted
may simply be too many obstacles to overcome...

Lots of maybe to agree with here but until Engineer come forward to explain why and what exactly his "fiance" signed, we have nothing but maybe to offer.

"Married" will be reason enough to deny a K1 visa, as will strictly to obtain an immigration benefit.

What is the actual an complete wording of the reason for denial?

Why and under what circumstances did she sign any such affidavit?

What did the affidavit specifically state?

Without those answers and possibly more, we have only maybe.

My first thought was simply that the letter of intent originally states her reason for wanting to marry the petitioner was to move to immigrate to the US in order to benefit herself and her children. If she neglected to mention any other reasons for her intent to marry the petitioner, that could be the whole enchilada. I suspect there is far more to the story we need to hear to be of help.

Have to agree with you the OP has to spill the beans on this, a affidavit to what ? why sign it ? married ? lots more clarity needed from these guys.

Nov 2nd 2006 met online

June 28th 2007 sent 1-129f to NSC

July 11th 2007 NOA-1 received date on NOA-1 (now at CSC)

July 19th 2007 NAO 1 Reciept date on NOA-1

Nov 21st 2007 NOA-2

Dec 13th 2007 - arrives at NVC

Dec 20th 2007 - leaves NVC on route to GUZ

March 10th 2008- P3 sent & returned

April 9th 2008- P-4

May 22nd 2008 interview

Tracking:

Filing to Noa -1 -13 days

NOA-1 to NOA-2 - 133 days

NOA-2 to NVC - 22 days

NVC Processing - 7 days

NVC to GUZ - 81 days

P-3 to interview - 73 days

Interview to visa - 10 days

Filing to visa- 341 days

 
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