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Filing I-130 after K1 Visa Denial

I am so confused and really scared. Need some advise fast because I'm losing my mind. Last October, My K1 petition was denied at the US Embassy in Dominican Republic. It was denied because When I filed in April 2010 I did not have my fiancé's divorce certificate and sent the original court documents signed by the Judge and translated into English. It was approved 68days without RFE's at VSC. Well his Original Divorce certificate was printed 4 months later based on the date of the hearing. But it read "registered on June 15 of the year 2010 is the divorce signed and dated on February 24 2010." When I went to the interview they refused my then fiancés visa because the CO stated he was married at the time of the petition. I tried to explain to him that I filed with the court order and he would not listen. I asked why was it approved in Vermont and he said because I lied. I lied?!!! They had the original court documents!!! We were under the impression he was divorced the date the judge signed the divorced order.

Well anyway, I married my fiancé 4months later. I did not know they sent cases back to USCIS I received a notice in March 2011 saying that on February 24 2011 USCIS had received my file back from the DOS for review and that they would contact me if they needed anything.(It does not say intent to deny or Revoke anywhere, just back for review) Since I was married I sent them a letter that same day stating I was not interested in the review because I was married, had filed I-130 and would like to withdraw my petition. 2 weeks later they sent me another letter saying the approval had been automatically terminated per my request.

THIS IS MY CONCERN:

I had no idea consulates put a P6C marker on the beneficiary's file.If I withdrew the case after the USCIS received it back from the consulate, do they still put the marker on it? Or does the DOS or USCIS place inadmissibility? What are the chances my husband's CR1 being denied?
I appreciate your response :)

angeles2315

Comments

Phil's picture

Thanks for posting this

Thanks for posting this question. This is a new one to the forum. The short answer is that I am not aware of any practice by the Department of State as automatically finding that a previously denied petition constituted fraud or misrepresentation. I know that this is an issue of some concern that others have written about. I'll look into it some more and post something on my site if I find out more information. You can subscribe to my site on the home page to receive notifications of new posts.

At the end of the day, you may not know until he actually applies for his immigrant visa if this is an issue and therefore will require a waiver. if you did require a waiver it seems like you would be able to prove that he was not in fact married at the time of the original filing.

Thank you so much for the

Thank you so much for the reply. I just wish there was a way for me to know if there was something on his file. Something that relieves me a bit is that when I check the USCIS site with the K1 visa case# it shows it as being in the Decision stage stating that they have acknowledged my request to withdraw the petition. So hopefully they wont mess with it any further. I will continue to check your site. Thanks again!

Phil's picture

I spent a little time today

I spent a little time today looking into this further because it is an important issue and one I have not addressed before on my site. I am working on an article now that I will post in an hour or so that discusses the issue you raised in your post in more detail. However, I know you are probably losing sleep over this so I wanted to post a follow up now.

The short answer is that the previous K1 denial, by itself, will not create a problem for you with respect to your current I-130 filing. It should also not result in a P6C notation on your husband's file.

Please read the new post on my site for further information.

I will tell you that I-130 cases after a K1 denial can be very difficult. If you are not successful with this petition you could face a USCIS revocation that would likely result in a P6C notation which is very difficult to overcome. Obviously you also risk losing a year's worth of time apart and the filing fees.

Given the risks and the relative difficulty of cases like yours I would strongly encourage you to consider retaining legal counsel to assist you with this case if you have not already done so. I realize that the filing fees alone are not cheap and for many people hiring a qualified attorney seems too expensive. However, if you are not successful with this it will be extremely difficult to obtain an immigrant visa for your husband even if you had the assistance of an experience immigration attorney. If you want to at least look into this send me an email and I will provide you with a quote. Even if my services aren't a good fit for you this will provide you with some baseline and you can look into other options.

Phil's picture

I think that it is likely

I think that it is likely only to be an issue if the USCIS actually revoked the approved petition which doesn't sound like this was the case.

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