K-1 denied; No Relationship

[Dabyano]

I have a friend who is trying to get his girl here on a K-1 visa. As nearly as we can figure, he completed all of the forms, submitted all of the required supporting documents [including receipts, pictures, letters, etc.], but at the end of the interview, the official at he embassy told his girl that she would be denied because they "did not have a relationship."

He has not received any official notice yet, but his girl called him right away and of course, both of them are very upset. As far as we can figure, all of the paperwork was correct, but the official just didn't believe that my friend and his girl had a real relationship, so the petition was denied.

Has anyone ever had this happen or can anyone recommend the best way to try to get this decision reversed? What should he do next?

[cebu4us]

The Immigration service has clamped down and they are not willing to take chances. We were approved in April 2005 and she arrived Nov 2005

When I sent in the K-1, I sent a document that was over an inch thick in evidence. Never cut corners. send flight tickets, hotel bills, fares for travel (super boats) between Islands. Go to a photo studio, and get a formal picture of the two of you. Do you have receipts from the jewlery store? and a picture of her wearing the ring! Pictures with the family? the more relatives the better, which is usually not hard to do....

Like real estate its location location location
Imigration its Document! Document! Document!

[Dabyano]

Thanks, I will pass this on to my friend. Yeah, I think you are right. It does seem like things used to be a little easier. If you come up with anything else, I will pass it on too.

[Dabyano]

Now, my friend thinks that the best thing he can do is marry his sweetheart, and file a petition for her as his spouse.

I know that it has worked for people both ways, fiancee or spouse, but their petiton was denied already because the official did not believe that they had a relationship.

I have some concerns about that. I think I saw, somewhere that I can't remember, that he still has to protest or do something with the denial of the K-1 petition. If I remember correctly, if he doesn't handle it the proper way, she will never be approved. If you know about this, please give information.

My other concern is, if the petition for spouse is still not approved and it results in a break up of the relationship, eventually. She is pretty much toast as far as being able to marry someone else in the Phils and she would have a difficult time if some other guy from stateside gets into a relationship with her and tries to petition to bring her here. Am I right?

[Dabyano]

My friend returned to Texas this morning, after two weeks in the Far East with his......wife. Yeah, they got married. He went to the US Embassy and found out that his paperwork was just sent out from there on December 20. He says that someone at the Embassy, someone who works there, told him that he can just send back the K-1 paperwork and they will treat it as a K-3, now that he is married. I'm no expert, but this sounds a little off beat to me.

Also, he is thinking that, since he got married before the end of the year, he can claim his wife on his 2008 income taxes. Does it still work that way, when you marry a foreign national?

[Dabyano]

My friend brought back over 300 pictures of him and his girl: togheter; with various members of her family; at several identifiable locations; in restaurants; on the street; shopping; and...a whole gaggle of wedding pictures. They say a picture is worth a thousand words. I think he has that part covered.

Daby

[angelnoah]

I think your friend made a good move to marry the fiance' but in my own opinion, it would be useless to send the K-1 back, since they would treat the K-3 as a new case. Remember, this time, they would instead start working on the immigrant petition (I-130) and once approved can then apply for the K-3...much more paper works than K-1.
But the fact that marriage would be a stronger foundation to prove their relationship is already a good evidence.
In my case, I had a K-1 denied (with ex bf), the year 2003. Immigration officer said no evidence of relationship and they returned the papers to USCIS. Perhaps, it was true because after my ex bf knew what happened, he abandoned me and the papers (he's a jerk! and I was stupid), and never cared for me at all....I'm now thanking the immigration officer for that!
I then met another man (now my husband) who was so sincere, kind and understanding, came to visit me in the phils 3 times before we got married. He went with me during my interview at the US embassy in Manila, armed with complete evidences. (2 inches thick), that were not even bothered to look at..hah! They just did a quick look on my husband's taxes and payslips. I got approved, and now happily living with my husband here in the US .

[Dabyano]

What a great and inspirational post! I am glad to hear about the happy outcome in your case. I will definitely pass this on to my friend. I am sure it will help him through the hard times and give him a little hope.

Daby

[Dabyano]

My friend is trying to file his income taxes now. Since he got married in 2008, he wants to include his new wife [who still way across the Pacific] on the form.

The problem is...since she has never even been in this country yet, she does not have a Social Security number. He is trying to find out what to do to get her on the income tax forms.

A few years ago, I had another friend with a similar problem. The IRS made him send a form to the Embassy in Manila. His wife had to go in with some documentation to prove her identity and the identities of their children and that she was married to the guy. THEN....after the Embassy Official verified everything and completed his part of the form and sent it back to my friend, he could file with his wife and kids.

Anybody else have this problem? Is there another way for my friend to get his new wife on the income tax forms?

Daby

[Warlord]

I am pretty sure he needs SS# and plus she has had to live with him at least 6 months out of the year to be elible as a dependent.

Sorry!

Warlord