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Fiance Visa Denied::can T Believe This!

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Fiance Visa Denied::can T Believe This!

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Old Sep 22nd 2003, 5:40 am
  #16  
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Well the whole divorce is finalized since the beginning of july..so completly legally divorced...don t even understand then why they asked a RFE...they should have denied then from the beginning,cuz we sended them the finalized sealed divorce certificate!
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Old Sep 22nd 2003, 5:44 am
  #17  
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Hi Folinskyinla,

Ye probably the best thing to send the whole package,even our lawyer told that wouldn t be necessairly...but we don t wana have more risks tough.Thank you for your help!
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Old Sep 22nd 2003, 5:56 am
  #18  
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The Sept 03 thread started by Catwhiskers covered this subject , which is
interesting, but too late with the information I guess. I find it had to
believe the lawyer didnt know about this, but if that is true, you dont have
an immigration lawyer, you have a lawyer who is not familiar with
immigration law,. and you would be better off without him. He could likely
cause you more trouble down the road.

Dont get me wrong, I think this is realy awful news. I wouldnt be able to
handle it myself.



"cutenurse300" <member13197@british_expats.com> wrote in message
news:[email protected]...
    > I m feeling terrible now after so long waiting and after RFE sended on
    > july the 8 th our application got denied!Our lawyer just called us with
    > this terrible news ...and we got to file again from the beginning!Reason
    > is that the time we filed our petition my fiance (US) divorce wasn t
    > finalized..in MA the divorce is final after 90 days!!
    > So starting again from the beginning!!!
    > I m so depressed now..why did they even asked a RFE THEN
    > --
    > Posted via http://britishexpats.com
 
Old Sep 22nd 2003, 6:05 am
  #19  
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We ALL knew that but our lawyer told us it wouldn t make any difference and that we could start the case already..cuz the 90 days would be over anyways at july the 6 th
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Old Sep 22nd 2003, 6:07 am
  #20  
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cutenurse300 wrote:
    > I m feeling terrible now after so long waiting and after RFE sended on
    > july the 8 th our application got denied!Our lawyer just called us with
    > this terrible news ...and we got to file again from the beginning!Reason
    > is that the time we filed our petition my fiance (US) divorce wasn t
    > finalized..in MA the divorce is final after 90 days!!

Did both your fiance and his attorney not know it wasn't final until
after 90 days? I would have expected this to have come up at some point
in the divorce process, especially if he had a fiance at the time.
 
Old Sep 22nd 2003, 6:09 am
  #21  
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hey i am so sorry to hear this , but you arent alone in this mistake we did the same thing got denied because the decree absolute happened 1 week after we filed in the first place .....
just go back and re-file again , we contacted his congress liason about it and she helped us get the 2nd filing expedited we got our approval last week through her .......
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Old Sep 22nd 2003, 6:17 am
  #22  
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cutenurse300 wrote:

    > He s able to get a passport now,but has to pay §5000

$5000 for what?
A legitimate passport from anywhere shouldn't cost $5000
 
Old Sep 22nd 2003, 6:19 am
  #23  
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cutenurse300 wrote:

    > Well the lawyer knew about the 90 days and said it wouldn t be a
    > problem,but there was nothing from 90 days on the paper..anyways he said
    > he doesn t has to send in the whole case,just a paper that we "Refile"
    > the whole case.Well here we go again!

Your lawyer should pay for the fees to refile. Most of the people on
this newsgroup know that you have to be able to marry at the time of
filing the I-129F for a fiance.
 
Old Sep 22nd 2003, 6:20 am
  #24  
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cutenurse300 wrote:

    > Hi Folinskyinla,
    >
    >
    >
    > Ye probably the best thing to send the whole package,even our lawyer
    > told that wouldn t be necessairly...but we don t wana have more risks
    > tough.Thank you for your help!
    >

At this point I would be doubtful of anything that attorney (not
Folinskyinia) says. He failed on a simple point of filing for I-129F...
You can not file unless you are able to marry at the time of filing.
 
Old Sep 22nd 2003, 6:28 am
  #25  
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<smiles> If there's something I've learn over the months I've been reading this newsgroup, it's that when the lawyers who help people on these boards recomend something, it's always very sound advice. They are all very capable lawyers and good people.
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Old Sep 22nd 2003, 6:31 am
  #26  
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Default Re: Fiance Visa Denied::can T Believe This!

Originally posted by Mrtravel
cutenurse300 wrote:

    > He s able to get a passport now,but has to pay §5000

$5000 for what?
A legitimate passport from anywhere shouldn't cost $5000

Re-read the thread Mike. It's apparently what he owes in back child support and they won't issue him a passport until he coughs it up.

That's a lot of child support. Sheesh.
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Old Sep 22nd 2003, 6:37 am
  #27  
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Well anyways,our lawyer is gona send me overnight the papers back that i have to sign and then we re back in the game.Ofourse we have to cancel and rebook our Vegas Dezember wedding!We don t have all the luck,cuz we had to wait 2 years for his divorce,but most importantant we got the biggest love!!!
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Old Sep 22nd 2003, 7:18 am
  #28  
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tbiller wrote:
    > Originally posted by Mrtravel
    >
    >
    >>cutenurse300 wrote:
    >
    >>>He s able to get a passport now,but has to pay §5000
    >
    >
    >
    >>$5000 for what?
    >
    >
    >>A legitimate passport from anywhere shouldn't cost $5000
    >

    > Re-read the thread Mike. It's apparently what he owes in back child
    > support and they won't issue him a passport until he coughs it up.
    >

If the $5000 was for child support, the post should have said it.
He should have worked out the CS issue before going to college.
 
Old Sep 22nd 2003, 7:22 am
  #29  
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I hate to be the bad girl here, and I hate this bad news for you, but I just have to say, are you sure you didnt realize this, or did you not want to wait for the final divorce decree because you were like everyone else and wanting this to go as fast as possible.

I think you chose to ignore what you knew, and hoped for a favourable outcome.

I think you should be approved, but what you think and I think or anyone else here thinks doesnt matter. You had to have done reading on all of this prior to filing, if you didnt, then as always in the legal arena, ignorance doesnt count.

I think you knew, I think you took a chance, and you lost....


Im sorry you lost , I wish you would have won.
 
Old Sep 22nd 2003, 7:48 am
  #30  
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Hi Cute Nurse:

This is terrible news. I was sure you were close to getting an approval and now this. It has to be so depressing for you right now. I would take Folinskylina's advice and send them an entire new application along with the denial. Leaving out previous encounters only leads to further delays while they put it on the shelf and then check it out. Once they have to check out something then your looking at exta months. I am sure this is what happened to us before we were approved because I did not include a separate letter with explanation that I had cancelled a previous K1 because it was not going to work out.
Although its agonizing for you right now if you really love each other you will get through this and it will happen because other than the fact you filed too early you have done nothing else wrong to be denied. Whoever is to blame for this doesn't matter if you long term goal is to marry this man. So go for it girl!!

Bob the Canadian
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