I receive telephone calls from other people, (other people for they were not my clients, they prepared their applications themselves, or used a lawyer), who call to talk about their shock and disappointment after talking with their heartbroken girlfriend their petition was refused.
They request: Are we able to sue the consulate? Are we able to appeal? Can my Congressman help?
Yes, to any or all these questions. But heading down that path is usually an unsatisfactory waste of time and cash, as none of those actions brings your companion nearer to reunion along with you in the united states.
What you can do, that’s Helpful?
Short answer: Do not get Refused to begin with. The very first time are applying ought to be the ONLY time you have to apply. Seek information, understand why the consulate declined couples previously, then avoid repeating exactly the same mistakes. When the consulate needs a proper engagement, or multiple outings, or perhaps a lengthy courtship …. do precisely what it takes before you decide to submit your petition. And make certain you provide abundant and credible proof that that there’s no fraud, that you’re a pure, genuine, ‘bone fide’ couple planning for a future existence together.
Even though it is certainly affordable to organize all of the documents yourself, I suggest you hire me to personally assist you to. My record is 100% approval.
Lengthy answer: Begin Again.
If refused, your main effective choice is to begin again, repeating the whole process again. You have to perform a better job this time around. Around the plus side: you’ve more durability inside your relationship, you’ve more evidences, and also the fact you’re persisting and seeking again contributes to your credibility.
Study your mistakes. Sometimes, the consulate supplies a letter, explaining at length why the petition was refused. This ought to be analyzed carefully and action come to correct what you could. What cannot be directly remedied, could be generally overcome because of the truth that your relationship presently has a lot more durability (a minimum of annually) the 2nd time are applying.
Frequently however, the vague reason given for denial is ‘the couple wasn’t found bone fide’. Essentially this means that the consular officer’s intuition told him to deny. You haven’t any real solid details to take. It is important to try your very best to determine what went wrong. Request your girlfriend to explain the job interview at length: What questions were requested, what comments were created, what body gestures happened? Try to determine which maybe it was the consulate officer was worried about, found suspicious or responded adversely to?
Did he request lots of questions regarding your boyfriend or girlfriend-wife? particulars concerning the marriage proposal? wanted to understand about finances? Who introduced you and also why? Said around the courtship happening prior to the divorce was final? Whatever appeared to visit wrong, that’s something you’ll have to correct and address, for the following time. Use additional evidence to best advantage: You ought to have done a complete job in supplying evidences of the relationship whenever you filed your original petition.
Quite a few the phone callers mention they provided the ‘rookie’ mistake of not supplying sufficient supporting evidences of the relationship. If you didn’t do this job well the very first time, now’s the time to get it done properly. Or request in my help. I strongly believe the most crucial part of the papers are evidence from the ‘bone fides’ of the relationship, this is where I spend probably the most effort and time whenever using clients. Helping these to tell their story inside a logical and convincing manner. As the relationship reaches least annually older then at that time it you initially applied, you have a whole years price of additional evidences to increase your petition.
Enlist Support of the Congressman
You can request your Congressman to assist have an explanation of the reason why you were refused. I’ve come across this done, truly without any useful results. Usually the answer acquired is ‘they weren’t thought to become bone fide’, full stop. A much better utilization of your Congressman would be to contact him when your fiancee’s second interview is scheduled, simply tell him the particulars of the situation, let you know that sincere and bone fide your relationship is, and request for his help. This usually leads to an e-mail from his office towards the consulate a couple of days prior to the interview, counseling the Congressman is personally thinking about your situation, and asking the consulate to advise the outcomes following the interview.
This isn’t a note in the Congressman promoting your situation. However it serves to place the consular looking at officer on observe that if the situation be refused, he’ll be likely to report a good, recorded reason. Most cases are declined based on the ‘intuition’ from the looking at officer. The expectation that detailed written documentation is going to be needed just in case of denial has a tendency to influence the consular officer to locate a solid reason behind denial, and when he’s not able to do this, then to approve.
The current IMBRA laws and regulations restrict using K1 visas by American sponsors. Two limitations are that the American is restricted to 2 K1 visa applications in the lifetime, and they are unable to be posted within 2 yrs of one another. Then when using immediately, the 2nd time, for the K1your petition will have to incorporate a request waiver from a minimum of one of those IMBRA limitations, despite the fact that you’re using for the SAME girlfriend.
K1 or Spousal Visa Either visa needs the equivalent evidences. If you’re living together, marriage does look much better than only remaining engaged. If however the connection is lengthy distance, marriage but nonetheless living far apart only marginally makes your relationship appear more sincere. The spouse visa takes about twelve to fourteen several weeks to process as the K1 visa takes only 5- 7 several weeks to process. Generally I suggest couples whose K1 Visa continues to be refused, to try to get the K1 visa again because it is faster.