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12 hours ago, Boiler said:

I have not met her, how many of the people providing affidavits have?

My parents have spoken with her regularly for the last two years, my dad just passed away, so I have to bring a copy of the death certificate to prove that I'm sure. Because he wrote a letter and I'm not sure if the embassy will or would call, since everyone left a phone # and email to be reached. 

The rest are mainly character letters, showing I dont't hide our relationship from anyone, specific things they know about me personally. No one is begging a consular to make any specific decision. It's no different than me taking letters of recommendation to a job interview,  these are from people who have known me for a long time. 

I've also stated in my post to the OP, that I don't know if they will make a difference. 

And while I appreciate that you have been around here for a long time. You can also be extremely rude at times. Not that it makes a difference one way or the other. You have to remember what it's like being on the other side of the fence for so many people who don't have their significant others here yet. You can think a question is ridiculous, or whatever else you want about people, that's your freedom, but you're also here as a higher standing member of this community. 

So try to step back at times and remember the frustration and feelings you felt while going through your own process. 

5 hours ago, jaysaldi said:

Hi, I remember your case. I think submitting a bunch of affidavits from people who have never met her and never seen the two of you together will not help you.   They are not in any position to help the consular officer determine if your relationship is genuine. The fatal flaw in your case was that you were set up by her (scheming?) aunts in your hometown and flew to Cambodia to meet her once and had an engagement party on your first meeting.  

 

You need to meet her again and spend face time together to overcome the suspicions about the relationship moving too fast and about your fiancee's motivation being reunification with her family.  Affidavits from her family members advocating for you or affidavits from your friends saying "I've never met this woman but I know she's in love with him" aren't going to move the needle it all. 

I've been back since the denial, and I have another trip coming before her next interview. I haven't kept up to date with my progress here, because honestly, I see no point to do it. I appreciate the help I've received from some members, but it feels like no one personally cares about anyones situation. I thought this was supposed to be a site to help people going through difficult times, not a place where people are going to post questions, and than get snarky responses like. "Looks like my price has gone up". It's just not necessary. 

I did this time, we've already been denied in Cambodia for what they deemed "not adequately displaying intent to marry", basically a 221g that the relationship wasn't legitimate. So we refiled and this time I've included letters from co workers, friends, parents that all talk about how they are aware of our relationship and intent to marry. My mother is even ordained and she included her documents for that as she has offered to officiate our wedding. 

Will any of it help, not sure. My dad has wrote a letter and since passed away, so I'm not positive if that will make a difference. Since everyone included their phone numbers to call if necessary.  I'll be bringing a copy of the death certificate as a precaution. 

It's easy for people to say it isn't necessary, when they already have their significant others here, or went through an Embasy that isn't that difficult. So it depends where you're going through. 

I'm going through Cambodia, an Embasy that approves around 20-25 K1s a month vs somewhere like Manilla that approves around 300. 

5 hours ago, geowrian said:

It does for an I-129F if fort a fiance/fiancee if the previous petition was filed within the past 2 years (not exactly the same set of circumstances described by the OP, but presumably still fits):

https://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf

 

What does someone do who didn't request a waiver? We resubmitted a new I-129f after a denial in March. But, everything I've read about this question is that it does not require a waiver, as it was an approval at USCIS, but it is for the same beneficiary. If it was within two years after an approval for a different beneficiary,  it would require a waiver. 

That's what I've read about it. 

1 hour ago, payxibka said:

Doesn't change the responses you have already received.   They do not reaffirm i129f petitions 

I can understand that, we just want to refile, but why the hassle of it all? If I have received a termination notice about a week and a half ago, wouldn't case status online be updated to show that? Instead of reps telling me the termination notice was most likely from when the dept of state sent it to USCIS. 

And wouldn't the USCIS rep be able to see online that everything is done and not still in review? Even they keep saying to hold off on resubmitting until everything is done.  

This is why I come here, because it's just more confusion consistently. Stress and confusion, and I can't get a straight answer from them on what is going on. And if they could just tell me "ok we are done" , instead of them having it and doing some sort of security check to proceed now. 

I got a Termination Notice dated Aug 1st, which states that all USCIS action is done as of the date on letter, due to petition being expired. 

I called USCIS and the representative said it is still showing as being reviewed and she put in a request for them to email me an update of where our petition sits. I received this today and am unable to call USCIS due to working. Could anyone explain what this means? Security checks, wouldn't they have done that for me while it was in USCIS possession and for her when she did her background in her country? 

Thank you for any help with this. 

8 hours ago, jaysaldi said:

 

Everything I've heard about the embassy in Phnom Penh is that your chances are much higher if the American petitioner is there. The Cambodians (mostly women) who show up for interviews without the petitioner are more likely to get denied. They actually collect the American's passport with the applicant's documents and give the passport to the consular officer who reviews the case. When my fiancee had her interview. the first three questions were from the consular officer to me about my intriguing and conversation starting passport stamps from obscure countries.

 

When you say "the issue was the interview" I would agree except I would clarify to say "the issue was the interview, or, more likely, with your "evidence of relationship" that the consular officer reviewed before calling the fiancee up for the interview.

In my case, my fiancee and I met 4.5 years ago and I have spent 400+ days in Cambodia since then. I know that's not required or the norm. But the officer asked me "Did you guys have a traditional engagement ceremony" and I said "Yes, the photos are at the end of the evidence of relationship packet there." She responded "Oh, I probably didn't get that far because I had already decided to give her the visa."

My fiancee did not interview well, like when asked "What type of wedding do you plan to have?" she answered "Romantic." When asked again what type of wedding we planned to have, she responded "To get married." It didn't matter.

 

 

The intent to marry letters are just a boilerplate requirement for USCIS. The didn't even take them from my fiancee at the embassy in Phnom Penh.  

Am I to understand from your post above that you guys got engaged and agreed to marry one another before you ever met in person and that your first visit to Cambodia was for an engagement party? That's gonna set bells off.   It makes a reasonable person wonder, "Come on, is she really in love with this American guy or did she agree to marry him sight unseen at the urging of her aunt for the immigration benefits?"

And then she interviews without you, and the denial is not surprising to me. Since you were able to visit in May, I think you should have postponed her appointment until then.   Consular officers say "No" to foreigners who want to go to the USA all day long. It's easy for them. They're numb to it. It's a lot harder to look a fellow American in the eye and say "I'm going to block you from marrying who you want in the USA."

Are you Cambodian-American? That is also a red flag to them, as a lot of the marriage fraud involves Cambodian-Americans.

 

 

I'm not Cambodian at all. We spoke consistently everyday for a year and a half before I decided to propose to her. I was there in April 2018 for two weeks, we had the engagement at the end of my trip so we could see how well we got on with each other before officially doing the celebration. So it was a go there, propose and have our engagement. 

It was another year later she had her interview,  March 2019 and I went again May 2019 about two weeks. So in total, we have been together three years now. What do you do if you don't mind me asking, that allows you 400+ days in Cambodia within 4.5 years? My job allows me enough vacation to go there roughly once a year, this year I will be seeing if I can possibly go again for two weeks around the end of the year, but my vacation is accrued on each pay period about 2.5 hours every two weeks. 

That's why this time, I plan on front loading more evidence,  chat logs from her talking with my mother and father, letters from friends and family that know of our relationship. My mom is legally able to marry and has offered to do our wedding at her house and officiate it, so I'll include a copy of her certificate as well. 

The picture was more of just us two being silly, just kind of a, well, we take this picture if they really want proof we were together. Nothing I would send in. 

4 hours ago, carmel34 said:

The officer most likely was concerned that your fiancee was using you to join her sister in the US, in order to avoid the long wait for a sibling based immigrant visa.  I would suggest getting married in a third country, spend more time together, more visits to show that the relationship is genuine, and then file an I-130 petition for a spousal visa.  Good luck!

My only question/concern would be, marrying would take away the argument that a couple wouldn't marry. But if someone was in a fraudulent relationship,  how would that change anything that would really happen anyway? 

If someone was coming just for status, why wouldn't everyone just get married and forget about doing a K1, since it takes just a bit more time and in the end, a bit cheaper? But also a higher chance of approval. 

I've also been getting things in order in the event that I do just end up moving to Cambodia. Even marrying, a consular can still deny a Visa.  And the stress I feel now, I can't imagine after getting married and still told no. 

11 minutes ago, Jorgedig said:

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?

And I've wracked my brain around that numerous times. My only conclusive thought is, her sister has been married here in the U.S for 11 years, she could have petitioned for her at anytime during those 11 years and she would most likely have been here 5+ years ago if all she wanted was a way to the U.S. 

I guess in the grand scheme of things, why would having family somewhere cause a flag? Is it because they think the families of other intending immigrants just try to get them all here? 

I've learned so much about this whole process from this site, other sites and just personal education, that all I know, is I don't know enough. 

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. 

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. 

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

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. 

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. 

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?

52 minutes ago, DaveAndAnastasia said:

The Department of State sends it back to USCIS for review. USCIS then lets it die.

I was told by a USCIS supervisor that our petition was requested for review and to wait for whatever decision they make, why would it be saying please wait until we are done, if they are just letting it die?

Why wouldn't they just say, we recieved your returned petition May 21st, nothing further can be done with it. 

I was specifically asking the supervisor about sending in further documentation from my trip in May to help the review and they told me to not send anything unless I get an RFE. Why wouldn't the supervisor just have told me that nothing further will be done? 

Sorry if I am sounding argumentative,  I'm not, but this whole process has put a lot of stress on me. 

So what do they do, they give me a case status, don't review it and eventually say, sorry for wasting months of your time, you can refile whenever? 

17 hours ago, AGG said:

I call the Us embassy today and i asked them what the reasons behind th denied 

They tell me this

We will wait receipt of Uscis reconsideration findings to further contact you 

plus they back my passport and medical Exam and tell me we will contacted you as soon we get an answer 

 

Any one here has a commun cases like that

We were denied back in early March, I've been waiting for a few months to see what the outcome will be. I've contacted USCIS a few times and they said just wait for possible RFE or whatever they will decide. We did a K1 that was denied due to "not displaying adequate intent to marry ". 

Was told USCIS never reviews K1s, that they are just left to expire, but that's what they are doing with ours. 

1 hour ago, payxibka said:

Are you willing roll the dice and wait for what  is most likely a negative outcome or just get married in her country and start a spousal?

I would prefer to do that. The problems are that I used my vacation up already this year going to Cambodia in earlier this month. So I have to wait for that to build back up, and I would have to be there for about 30 days for the process and paperwork to be approved. Getting an entire month of unpaid, while maybe possible, leaves me just spending money and not getting any paychecks. 

I went back to Cambodia for 2 weeks to spend time with her, because our plan was to refile a K1, we didn't have enough time to get a wedding ceremony and paperwork done. 

And now with this, I don't know the best course of action. Do I want to just get married, of course. But going unpaid when I have rent and car payments, and already having spent about $2500 going there earlier this month. The savings are drying up. Using money that we were going to use for our wedding since we thought she would be here in April. 

I know it sounds like excuses, but these are problems I'd have to solve to be able to get there for the wedding. Not to mention the money spent to get the paperwork sped up. 

1 hour ago, payxibka said:

The only time I have seen it reviewed is if there was a defect in the approval of the petition originally that the uscis needs to correct .  Lack of a bonafide relationship is not a petition defect 

So I am wondering if they really will review it like USCIS says, that it's noted for request to be reviewed as of last week. Or if they will just get it and close without prejudice. The lady on the phone at USCIS said it can take up to 180 days to hear a response. And to send in documents if they send an RFE. 

14 hours ago, Boiler said:

I have not seen a K1 that is not just allowed to die, thought if there had been one it would have been mentioned, well if it had happened to somebody who posted on VJ.

I feel like our case is strange, and it's so confusing, which is why I'm always asking questions about it. It's rare to have a petition reviewed? 

4 hours ago, payxibka said:

When was the interview?

The end of March, this year. 

Sorry this might be a long post. 

I've made a few posts about my situation. Fiance had a K1 interview in Cambodia. Denied with a basic 221(g), it did say on the bottom being sent back to USCIS on fraud or material  misrepresentation grounds, nothing else checked, nothing stating 212 or anything with 6c. She was never mentioned anything that she would need a waiver. 

I sent email correspondence to the embassy as well as our state Congress person. We both got back roughly the same response. That the IO could not determine the legitimacy of the relationship, but we can refile at anytime. And the petition is being sent back for revocation. 

Fast forward to early May of this year, I go to Cambodia again to visit my fiance, we both go to the embassy in person and am told I need to email for an appointment. Email and get a response a couple days before leaving. Stating the same copy paste in prior correspondence along with the statement that my fiance did not adequately display intent to marry in the U.S. 

I emailed back asking about the fraud/misrep wording on the denial letter. I received a response stating a refusal under 221g is not a permanent ineligibility and does not inherently preclude you from filing another petition. 

After I get back to the U.S. I have an appointment with USCIS, where I am told the petition has been requested by a service center for review and they suggest we wait to refile until we hear something from USCIS. I called the customer service number and they also stated the same, that the petition is requested for review and it can take up to 180 days for response. 

Now in another thread, a poster has stated that, if by some chance they do review the petition, agree with the CO and revoke it, it will be automatically hit with the P6C marker and bar her, now requiring an I-601 waiver. 

My questions are, the denial letter has never had anything about 212a or anything with 6c, the only mark was 221g, my email correspondence with the embassy stated 221g denial with no ineligibility. So, if the petition is revoked,  when does the P6C hit and where does it come from? Are the consular notes different if they tell me 221g, but really send it back on something like 212a? Isn't it normally like this, To revoke an I-129F petition approval, USCIS must have "good and sufficient cause" to find the petition should have been denied in the first place. Which I am assuming, is why most people are saying USCIS does not review anymore and lets petitions die. So, why am I being told ours is requested for review if they normally just let them expire. 

There is also this, considering our petition was returned, as far as I know, under 221g, at least that is all that is checked on our denial, or can they put 221g on a denial letter, but send it back to USCIS under different criteria? 

If the consular officer returns the petition because they believe the relationship is a sham, primarily for the purpose of securing an immigration benefit, then they cite INA 212(a)(6)(C ), which relates to misrepresentation or fraud to secure an immigration benefit. Consular officers cite paragraph (6)(C ) the majority of the time when they use their discretion to deny a visa, even if the reason was because the beneficiary didn't have enough pictures or chat logs to convince them the relationship was real. A finding of fact means the beneficiary is guilty of fraud, and subsequently banned from the US.

The P6C marker exists if the consulate cited paragraph (6)(C ) when returning the petition. It becomes a finding of fact if USCIS makes a final decision not to reaffirm the petition approval. 

Sorry for the long, possibly confusing, post. This whole issue is stressing us out so much, I'm barely sleeping, I can't figure out how to just turn my mind off and relax after this. People keep telling me if I don't take a step back and just let what happens, happen, I am going to have a heart attack from the stress of worrying about things that are out of my control. 

Thanks. 

1 hour ago, geowrian said:

Let us know how it goes, but as others noted, they do not review a returned I-129F by USCIS policy. DOS policy says they will - hence why NVC and the consulate would send it back - but they have no say on what USCIS does.

 

In some miracle that USCIS does review it, also know that if it is not reaffirmed then it automatically turns into a fraud finding with a permanent bar. This would add $1000 + any attorney fees + ~1 year  or so to the timeline for any future visa in order to waive the bar. That's the primary reason USCIS stopped reviewing returned I-129Fs years ago. If you're interested in the history, research P6C markers.

I tried to send you a PM, but it said it wont go through. 

43 minutes ago, missileman said:

They will not review it.  It will expire.

They told me that the service center requested it for review as of last Tues. 

14 minutes ago, missileman said:

My advice:  Get married, spend a LOT of time together, then start the CR-1 process.......Nothing cures doubt about a bona fide relationship better than more documented actual time together.  

I've been back to Cambodia again and went to our local office to ask some questions about a refile and the officer there told me the service center themselves requested it for review and to wait on refilling. I didn't think they ever reviewed them either. 

46 minutes ago, Paul & Mary said:

Usually petitions go back to the USCIS and die.   There is no requirement to review it.  

 

Sometimes a case gets sent back because of an Administrative reason like a missing stamp or lost page.   But that doesn't happen after an interview.

That's what I thought too, but they told me it was noted on our file that it was actually requested for review. And that it can take up to 180 days to hear something.