K Visa Fiance Visa Denied

[dpa62]

I have been trying to get my fiancee to the USA for about 1 1/2 years now. I just returned from Saigon where I married her. We did not sign papers because I could not stay the 30 days required to be legally married in Vietnam. We had a marriage ceremony though. I asked the American consulate why we were denied the visa and they told me they thought we were lying about our relationship. Both my fiancee and myself have submitted everything they asked for and I even went as far as going to Vietnam to talk to someone in person at the consulate. They would not allow me to speak to an American worker there. The good new is that we have about 1 year to submit more proof before they cancel the petition, the bad news is that I dont have anymore evidence to submit, I have submitted everything I can. Can anyone tell me what I can do at this point? I have spent 1000's trying to get her here. I love my fiancee dearly and I really want her to come here. She has been denied 3 times for the visa and all 3 times were for the same reason. I just don't know what to do at this point. Your advice is appreciated. Thank you.

 

[mafioso]

Given you have tried three times and have been denied all three times, you need a change of strategy. I would have loved to give you advice on moves you can make to improve your evidence. I would rather differ you contact an immigration lawyer with all the paper work you filed and evidence submitted. He would review it and tell you what you can do to improve your chances. I can't give you legal advice just based on your superficial explanation here. You have a last shot at it so get a lawyer to help you. We could have provided you with the type of evidence which would have been helpful before your first try. Once the consulate suspects a fraudulent wedding, the burden of proof goes way up. Some people have gotten so frustrated to the point of getting you fiancés pregnant just to get DNA to approve the wedding. That gives the visa ASAP…I know you think that is crazy but people would do such to get their spouse here. It usually hard to get the consulate reverse their decision now without an experienced immigration lawyer personally reviewing and advising you.

 

[shannagiggles]

I have a similar problem. My fiance had an appointment with the U.S. Embassy in London (he is from Wales), but he was denied because of prior drug convictions from eight years ago. I wonder if I can go to Wales and marry him? Do you know?

 

[mafioso]

What was the maximum possible sentence for his charge?
What was his actual sentence?
The answers matter..........

 

[shannagiggles]

Well, I have his court documents in front of me, but the maximun possible sentence charges are not listed. He received 3 Class B felonies for Cannabis. one for allowing people to smoke it on his premises, one for pos of 0.6 grammes of Cannabis, one for acutually being caught smoking it. He also received one Class A felony for possession of 0.3 grammes of heroin, which he received 80 hours of community service and 12 months probation. For all the Cannabis charges he was fined and that is all.

 

[mafioso]

From the information it sounds like his offenses don't meet the US petit crime exception. The exception would have let him immigrate here if his maximum jail time was under a year. Your best option is to contact an immigration lawyer and evaluate his chances of getting a waiver. Plan B would be you might have to try moving there............Waivers on drug offenses are difficult to get especially because his are felonies.