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K1 Petition Denied!! Please need an advice.

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  • K1 Petition Denied!! Please need an advice.

    Good Day! I'm a Filipino, my K1 petition was denied, i just received the letter from US Embassy Manila, stating that our relationship with my Fiancee does not satisfy the legal requirements for immigration benefits. What should i do? Can my fiancee file for me a new petition K3 if we decide to get married here on my own country? I already emailed the Immigration department here in Manila US Embassy, asking for an appointment to discuss about this matter. Any opinion are so welcome, Thank you in advance guys.

  • #2
    What requirements are not met?
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Thank You so much for the reply Sir PraetorianXI, by the way the paper or notice i received didn't specify if what paper they need, the notice was this; It was under section 221(g) Your relationship with the petitioner does not satisfy the legal requirements for immigration benefits. And theres an X stating, that my visa petition was being returned to USCIS through NVC for proper disposition, and further inquiries will be directed to the USCIS office that processed my petition. Sir what this mean? Is this denied or just ineligibility for a visa? Can i reapply this at US Embassy? Sir thank you so much.

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      • #4
        Originally posted by hunk_dansen
        Thank You so much for the reply Sir PraetorianXI, by the way the paper or notice i received didn't specify if what paper they need, the notice was this; It was under section 221(g) Your relationship with the petitioner does not satisfy the legal requirements for immigration benefits. And theres an X stating, that my visa petition was being returned to USCIS through NVC for proper disposition, and further inquiries will be directed to the USCIS office that processed my petition. Sir what this mean? Is this denied or just ineligibility for a visa? Can i reapply this at US Embassy? Sir thank you so much.
        Reapplying will not solve the problem. You need to determine why you were given the 221(g).

        You may want to contact an immigration lawyer to assist you in making that determination and what you should do next.

        Adding: You have not supplied enough information for anyone here to help you. I suspect you do not have it; therefore, I make the suggestion that you see the lawyer.
        Last edited by C4us; 06-03-2008, 06:49 PM.

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        • #5
          Originally posted by C4us
          Reapplying will not solve the problem. You need to determine why you were given the 221(g).

          You may want to contact an immigration lawyer to assist you in making that determination and what you should do next.

          Adding: You have not supplied enough information for anyone here to help you. I suspect you do not have it; therefore, I make the suggestion that you see the lawyer.

          Sir i thought i can reapply a i read on this website, it is said its possible, https://www.immihelp.com/usa-visa-re...lication-tips/ thats the web i got the info about reapplying, in that paper that the US Embassy send to me said if i want to discuss about that matter, just send an email, or fax, to request an appointment to them. I don't know what really the reason why they refuse me on my petition. They just send me the 221(g). Sir thank you so much for your advices.
          Last edited by hunk_dansen; 06-04-2008, 03:26 AM.

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          • #6
            Originally posted by Amir
            See what I'm talking about? Just from the reason I can tell you that they haven't got one.

            A couple of years back, lawyer advise would have worked. Then, any lawyer would advise you to re-apply, but conoffs have since closed this avenue. Now, you cannot re-apply. Now, you cannot even get married and apply for I-130. All you can do now is to sit and wait, even if it takes years.

            Will the things improve with time? No!!! This will be a century of shrinking and strained natural resources (if you couldn't deduce it from 9/11), an equation in which there's hardly any room for human rights.

            Sir means to say i dont have a chance now to go to US? Our petition will be just drained out?

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            • #7
              Originally posted by Amir
              1. Do not blame each other for visa denial. Keep the relationship alive in the meanwhile, thru calls and even visits, no matter the cost involved.

              2. Petitioner needs contact district's HR and state senator's offices. Since this is an election year, you can also ask all 3 leading candidates offices for help. Obama's been a leading voice against consulates but what's changed?

              3. You can do a FOIA request yourself, or thru a lawyer (used to cost $50) to look at everything cosulate looked at. Document of interest is the Petition Revocation Memorandum (if they still have them).

              There's really nothing else you can do except wait for the petition to crank thru the system.
              Sir thank you for your help it really appreciated. So means to say i dont have a choice than to wait for years? This is bad, i'm sorry i dont have idea about this matter, my Fiancee and I never hired a Lawyer for this. Now we are planning to get the service of famous lawyer named Michael Gurfinkel, who used to be hired of my fellow Filipinos. Sir do you think it is advisable to hire them?

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              • #8
                I think you are doing the correct thing by hiring a law firm. Check out the websites for any of the firms that you are considering; there are several with very useful postings on country specific issues; one for the Phillipines is really good on family based immigration issues.

                Unfortunately, the Philipines seems to have a high rate of marriage fraud or irregularities in prior relationships (such as missing ex-spouses but no divorce) so that even people with valid relationships are hurt.

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                • #9
                  Originally posted by C4us
                  I think you are doing the correct thing by hiring a law firm. Check out the websites for any of the firms that you are considering; there are several with very useful postings on country specific issues; one for the Phillipines is really good on family based immigration issues.

                  Unfortunately, the Philipines seems to have a high rate of marriage fraud or irregularities in prior relationships (such as missing ex-spouses but no divorce) so that even people with valid relationships are hurt.
                  Oh thank you sir for that advice. Yes here in the Philippines we have here a lot of fraud, thats why i cant blame here the US Consulates, they are very cautious and very careful in deciding this kind of applications. I hope i got over this.

                  Comment

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