I have another post talking about getting refused with 221(g) because of past misdemeanor convictions so I won't go into that again:
So we got other red flags I wanted to list to see if you think that any are also an issue, and also if you think the arrests were really the issue, or if it's something else, or the combination. First, just to go over the 2nd interview where she was denied:
They asked her about how we met. She had read my initial statement I sent with the application over and over and basically recited it. After about 2-3 sentences about how we met the officer interrupted her asking if she new I was arrested, she said yes, and that was the last question. The officer went over my arrests trying to convince her to change her mind, and then told her that I had too many arrests, that there was no problem with her, and that she is worried what would happen to her if she went to USA, and also said something like our relationship isn't clear (which neither of us completely understand, plus it was a mixture of English and her language). She tried to say more to the officer but the officer just said I can't give you a visa and walked off. The paper she gave at end of first interview was yellow and had a long list of possible issues with none checked except 221(g) Administrative Processing. The 2nd was pink and a shorter list of issues with 221(g) checked (which talks about fraud, etc.).
POSSIBLE ADDITIONAL FLAGS:
- Her daughter's birth certificate lists the father as being an Australian having the same name as herself (A Cambodian name, so strange) and born in 1943 (my fiance is 1984 and I'm 1980). Also, her daughter is darker skin than her.
- I last left USA July 2, 2020, had the application ready to send in an envelope and gave to my dad to send when he dropped me off, so the priority date is July 7 (I wasn't in the states). The officer at the 1st interview asked me when I arrived in the country and about MY visa status if it's work or not (I told her I think it's an Ordinary, and I have a work permit, but I own my own web development business in USA)
- I filed with a GA address, which is same as my driver's license, and all other documents, except my tax return which the last one was filed in TN (my grandmother lives in GA 1/4 mile from my dad in TN). Also, I provided closing documents for a house I just bought in AL.
- The first interview was at a window where everyone could hear. So she heard other applicants asking for a translator. First thing she said was can I have a translator, didn't speak a word of English again even for easy questions, until saying thank you at the end in English.
- I met her in November 2016 after my ex and I separated, but I didn't officially divorce until 2018
- I attended the first interview (I read for Cambodia it's important, but then on other forums, not country specific, they said an issue)
- I was asked a 2nd question (only these 2 listed) about my mom had visited (as she was fumbling through the interview) she was like "but your mom visited right" and I answered "yes, she came 2x, as shown in the photos we provided this time" (as we brought 100+ more photos in addition to the ones we originally submitted, and she didn't even look at them) and then I pointed the photos, and added "She speaks good English, not sure why she is using a translator, maybe she's nervous"
- They only asked 3 question at the 1st interview. First was how/when we met. She said September, but it was November.
- Second was about engagement (which she said we didn't have, she forgot to add reason was COVID, but seems obvious).
- She asked when we would get married and my fiance said correctly (I don't speak her language but do know months, days and numbers) but the translator only said 2pm and didn't say the date (that or I missed it, but I was wide eyed paying attention).
- It's my 3rd marriage. First was less than 2 years, 2nd was 13 years, and I did I-485 and naturalization for the 2nd one, but met her in the USA (so my first K1)
- She's Buddhist and I'm Christian born turned Muslim
- Did I mention I'm Muslim, hahaha
- For proof of marriage we gave a deposit slip from a wedding chapel in Gattlinburg, Cabin Rental deposit, tickets to park people do wedding photos at in Gatlinburg, honeymoon 2 night hotel in Ramada in Nashville, and tickets to the Opry
- My youngest son was born 5 months before we were born and was born in Philippines and the lady made us sign papers saying he's a ####### to report his birth at the Embassy (even though his mom had been a US citizen for over 5 years already, was 4th child same wife, and we had everything, but the divorce from my first wife was a copy and not original, plus we had our original marriage certificate) The officer in Philippines said it might cause issues for me if having another kid overseas.
- I had family take photos holding signs saying our names and Good Luck, or Welcome to USA, etc.
Some of the things I'm not sure if good or bad, like the photos with sign. Others I know aren't good, but not if they really effected it much or not. Honestly, it seems the officer already decided because of my criminal history that she was going to decline it.
I'm switching to a CR-1 most likely, and trying to see potential issues.