Jump to content
Guille89

K1 Visa Denied. Now married and applying for CR-1

49 posts in this topic

Recommended Posts

Hello everyone! This site has been THE BEST SOURCE for useful information I have found and have been reading it since I first started with the K1 visa process. So thank you to all for helping people in need. Now it is me the one in need of some advice. Here's the story (I'll be as detailed as possible without writing a book!):

So last year (2014) in July, I went to visit my dad in Cuba for his bday. At the bday party I met my current wife who lives just a block down the street. We instantly hit it off and I left the next day. I am 26 yo and she is 23, we were 25 and 22 when we met. I went back to visit her and get to know each other about every 2 months, even going twice in December. In February I proposed to her because I felt like we really had something special and I wanted to give our relationship a real chance, so the plan was to bring her over as a fiancee and get married here.

On March 29th, 2015, I sent an I-129F to apply for a K1 visa. I expected to get an approval in 4-5 months but was stunned when it was approved on April 29th, exactly a month after sending the application. I wondered if it had to do with the fact that I am a very meticulous person and prepared the best I-129F packet I could! Anyway, shortly after, I received the NOA1, then NOA2 by June 29th. Things were moving very quickly and we were both super excited. I scheduled the interview appointment for July 29th because she needed time to get the required documents (police records, medical exam, etc). I went back twice during the process in April and in June.

Now, it never occurred to me that proving a bona fide relationship would be the challenge because we had SO MUCH proof. For example, my constant trips every 2 months (passport stamps), our many many pictures together, evidence of daily e-mail and text message communication, my credit card statements showing me recharching her cellphone balance. She took a mountain of evidence to the interview despite me telling her that I didn't think it would be an issue....our relationship is VERY REAL!

Quick side note before I reach the denied reason: My wife was married before to her first boyfriend (of 4 years), who is also Cuban. They got married because he had gotten his Spanish citizenship and they decided to go live over there. After 4 months abroad, things didnt work out and they got back to Cuba around February 2012. After that they took their own paths and basically never heard from each other again. However, they remained married until she requested a divorce in September of 2014, considering the possibility of getting married with me at some point. She had not gotten divorced before because these processes are a headache in Cuba to go through and it's very tough to get around. The day-to-day hardships over there are real. Anyway, she received the Divorce Certificate in January of 2015 (before we had gotten engaged and before I had sent the application!).

So July 29th, she interviews at the former Interests Section Office, now officially the U.S Embassy. After many questions about our relationship and about my family, etc, he denied her the visa because he said it was "weird" that she had gotten divorced in January while we were dating already. Even though he denied her, he told her that our relationship looked REAL!!! She tried to explain that she actually requested the divorce in September, but those people are like robots and aren't even acknowledging you after their decision. We were both destroyed at this point....we had so many plans :/ she would've been here already.

I had a trip planned for July 31st already and was there for 9 days. We decided to get married so we could apply for a spousal visa this time. So this is where I am now. I am pretty confident I can handle the process without the assistance of a lawyer (even though I contacted one and wanted to charge me $5,000 for the help...which I declined). I am just somewhat worried that since she got her K1 visa denied less than a month ago and I plan on sending the I-130 within the next 2 weeks, I fear the recent K1 denial will have a negative impact for the CR-1 process.

I welcome your opinions and comments regarding my case. Sorry for writing so much (compared to most other posts) but I wanted to give a clear picture of the situation in return of clear suggestions and comments from all you wonderful people here on VJ. Thank you for taking the time to read.

- Guillermo

Share this post


Link to post
Share on other sites

It saddened me to hear of the denial. Crazy stuff.

I think I can see why you posed the question. Sometimes I don't even know what to think when it comes to the people at the Embassy.

I want to say you should have a little bit more of an advantage since you are now married. You will have to bring up the denial again when you do the DS-260. I don't think they should be able to pull that same excuse for denial this time.

Share this post


Link to post
Share on other sites

The same thing has happened to us...denied K1 so got married and filed for the CR-1. Several people on VJ have done that and been approved the second time. But not guaranteed. The advice I hear the most is to know why the K1 was denied and be able to address the issue. (Which I think is impossible when they don't give a specific reason and they just say they don't think its a bonafide relationship, even when you've submitted plenty of evidence.) Best of luck to you.

Share this post


Link to post
Share on other sites

You should be just fine with the CR1, no worries !


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Share this post


Link to post
Share on other sites

Thank you for your replies! The lawyer I spoke to said that since we knew the reason why they denied her the visa, that we needed to make sure that we can prove that my wife and her ex-husband have indeed been actually separataed and not living together or anything from february 2012. She was even in another year long relationship with someone else after that, for crying out loud. Not sure if that'll be "good evidence" that her previous marriage was actually terminated.

It is definitely different in embassies across the world. I've heard great things about the embassy in Canada. In Cuba, it is known that they could just deny your visa for any little tiny mistake. They are not interested in helping you; once they see a reason, as tiny as it is, for them to be able to deny the visa, they cling to it and stop considering the case. I wish they could've re-scheduled her appointment to give her a chance to get proof that she had been separated from her ex-husband for more than 3 years. I figure they need to deny some visas even if they know there's no reason to, otherwise, 90% of people who go for an interview would get approved since they know that is their once chance at a new life in the USA and they would make sure they have their ducks in a row *sigh* just never thought it would happen to us :(

thanks again for the replies!

Edited by Guille89

Share this post


Link to post
Share on other sites

You should be fine with the CR1- someone else from Cuba did the same thing and she was approved. Look at her time line it is Zetete I believe.

I also have a friend who went through a similar situation where she had meet her fiance in cuba while she was still married. They remained friends and when she divorced she then started to see the Cuban. They were put into AP status for a while because of this... but eventually were approved.

So when they see someone in a relationship - (marriage) during the time when two of you met they frown upon that.

Trust me we all know how life works but these people who work for the GOVT I swear they are a special breed. Emotionless.. soulless and don't give a ####### about us who are really in a real relationship.

I am scared to death they will not approve my case because my Fiancee doesn't have access to a computer - and so there are very little emails and his phone doesn't text me for some reason - I even tried when I was there to make sure it wasn't him - not knowing how to use the technology and it didn't work.. so I feel we are screwed.

Anyways you willbe just fine with the CR1 - best of luck to you


2nd go round

1st K-1 Denied

Subitted Feb 2-6-15

NOA1 - 2-18-15

NOA2 - 8-18-15

Interview 11-25-15 - Denied

And Here we go again -

New K1 submitted - 1-9-16

NOA1 - 1-12-16 (according to USCIS)

Text received 1-15-16

hardcopy - not received yet as of 1-26-16

Share this post


Link to post
Share on other sites

thanks for the comments pepper. I know how difficult it can be to communicate with people on the island - so much lack in technology. It's a little better in Havana now since they're implementing WiFi hotspots in parks and popular urban areas. However, in other parts of the country can be almost impossible to use any sort of internet for e-mails etc. I use a company called Cuballama (www.cuballama.com) to send text messages and make calls. Maybe you can give this a try; it works great for us. Anyway, I see that you're halfway through the process by now so the calls/emails/texts evidence you can collect from now, if you plan to, may not be much. I would think the consular officers in Cuba are very aware of the scarcity of internet connectivity and old technology and hopefully are able to understand the lack of such evidence....but I wouldn't count on it. They can be ruthless when they do not want to issue the visa. Make sure you overwhelm them with all the evidence you can about the relationship.

best of luck!

Share this post


Link to post
Share on other sites

Hello everyone! This site has been THE BEST SOURCE for useful information I have found and have been reading it since I first started with the K1 visa process. So thank you to all for helping people in need. Now it is me the one in need of some advice. Here's the story (I'll be as detailed as possible without writing a book!):

So last year (2014) in July, I went to visit my dad in Cuba for his bday. At the bday party I met my current wife who lives just a block down the street. We instantly hit it off and I left the next day. I am 26 yo and she is 23, we were 25 and 22 when we met. I went back to visit her and get to know each other about every 2 months, even going twice in December. In February I proposed to her because I felt like we really had something special and I wanted to give our relationship a real chance, so the plan was to bring her over as a fiancee and get married here.

On March 29th, 2015, I sent an I-129F to apply for a K1 visa. I expected to get an approval in 4-5 months but was stunned when it was approved on April 29th, exactly a month after sending the application. I wondered if it had to do with the fact that I am a very meticulous person and prepared the best I-129F packet I could! Anyway, shortly after, I received the NOA1, then NOA2 by June 29th. Things were moving very quickly and we were both super excited. I scheduled the interview appointment for July 29th because she needed time to get the required documents (police records, medical exam, etc). I went back twice during the process in April and in June.

Now, it never occurred to me that proving a bona fide relationship would be the challenge because we had SO MUCH proof. For example, my constant trips every 2 months (passport stamps), our many many pictures together, evidence of daily e-mail and text message communication, my credit card statements showing me recharching her cellphone balance. She took a mountain of evidence to the interview despite me telling her that I didn't think it would be an issue....our relationship is VERY REAL!

Quick side note before I reach the denied reason: My wife was married before to her first boyfriend (of 4 years), who is also Cuban. They got married because he had gotten his Spanish citizenship and they decided to go live over there. After 4 months abroad, things didnt work out and they got back to Cuba around February 2012. After that they took their own paths and basically never heard from each other again. However, they remained married until she requested a divorce in September of 2014, considering the possibility of getting married with me at some point. She had not gotten divorced before because these processes are a headache in Cuba to go through and it's very tough to get around. The day-to-day hardships over there are real. Anyway, she received the Divorce Certificate in January of 2015 (before we had gotten engaged and before I had sent the application!).

So July 29th, she interviews at the former Interests Section Office, now officially the U.S Embassy. After many questions about our relationship and about my family, etc, he denied her the visa because he said it was "weird" that she had gotten divorced in January while we were dating already. Even though he denied her, he told her that our relationship looked REAL!!! She tried to explain that she actually requested the divorce in September, but those people are like robots and aren't even acknowledging you after their decision. We were both destroyed at this point....we had so many plans :/ she would've been here already.

I had a trip planned for July 31st already and was there for 9 days. We decided to get married so we could apply for a spousal visa this time. So this is where I am now. I am pretty confident I can handle the process without the assistance of a lawyer (even though I contacted one and wanted to charge me $5,000 for the help...which I declined). I am just somewhat worried that since she got her K1 visa denied less than a month ago and I plan on sending the I-130 within the next 2 weeks, I fear the recent K1 denial will have a negative impact for the CR-1 process.

I welcome your opinions and comments regarding my case. Sorry for writing so much (compared to most other posts) but I wanted to give a clear picture of the situation in return of clear suggestions and comments from all you wonderful people here on VJ. Thank you for taking the time to read.

- Guillermo

I think you had some bad luck, I was married when I started a relationship with or technically met my wife and they didn't say anything about it. I don't think you will have to worry with the CR-1. Good luck

Share this post


Link to post
Share on other sites

You should be fine with the CR1- someone else from Cuba did the same thing and she was approved. Look at her time line it is Zetete I believe.

I also have a friend who went through a similar situation where she had meet her fiance in cuba while she was still married. They remained friends and when she divorced she then started to see the Cuban. They were put into AP status for a while because of this... but eventually were approved.

So when they see someone in a relationship - (marriage) during the time when two of you met they frown upon that.

Trust me we all know how life works but these people who work for the GOVT I swear they are a special breed. Emotionless.. soulless and don't give a ####### about us who are really in a real relationship.

I am scared to death they will not approve my case because my Fiancee doesn't have access to a computer - and so there are very little emails and his phone doesn't text me for some reason - I even tried when I was there to make sure it wasn't him - not knowing how to use the technology and it didn't work.. so I feel we are screwed.

Anyways you willbe just fine with the CR1 - best of luck to you

You definitely must find a way to generate ongoing communication evidence or they will not approve you.

Real face to face time with visits for extended periods is the most important but they do want consistent communication as well.

He may have to move to a better internet area or go regularly to an internet cafe (or buy a laptop).

They will not excuse it due to sparse internet reception whatsoever.

I strongly suggest you find a way to be able to submit plenty of quality relationship/communication evidence.

Skype,detailed phone logs, texts and emails yes, but have a variety of ways to communicate and some web cam screen shots.

Not saying this to stress you out but to motivate both of you with the reality of how things are.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Share this post


Link to post
Share on other sites

While I was going through the K1 process, I read multiple times that the US citizen, the petitioner, would not be allowed in the interview with the beneficiary. However, I have seen some people here on VJ stating that they have interviewed with their beneficiaries. My guess is that each embassy has its own rules but was wondering if anyone had more information about this.

Share this post


Link to post
Share on other sites

Whether or not you're automatically allowed into the interview, it's important to be on the consular premises in all but the softball consulates/embassies. Giving your U.S. passport to the beneficiary to stick under the consul's nose scores points beyond belief and can result in your being invited in.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Share this post


Link to post
Share on other sites

Hello everyone! This site has been THE BEST SOURCE for useful information I have found and have been reading it since I first started with the K1 visa process. So thank you to all for helping people in need. Now it is me the one in need of some advice. Here's the story (I'll be as detailed as possible without writing a book!):

So last year (2014) in July, I went to visit my dad in Cuba for his bday. At the bday party I met my current wife who lives just a block down the street. We instantly hit it off and I left the next day. I am 26 yo and she is 23, we were 25 and 22 when we met. I went back to visit her and get to know each other about every 2 months, even going twice in December. In February I proposed to her because I felt like we really had something special and I wanted to give our relationship a real chance, so the plan was to bring her over as a fiancee and get married here.

On March 29th, 2015, I sent an I-129F to apply for a K1 visa. I expected to get an approval in 4-5 months but was stunned when it was approved on April 29th, exactly a month after sending the application. I wondered if it had to do with the fact that I am a very meticulous person and prepared the best I-129F packet I could! Anyway, shortly after, I received the NOA1, then NOA2 by June 29th. Things were moving very quickly and we were both super excited. I scheduled the interview appointment for July 29th because she needed time to get the required documents (police records, medical exam, etc). I went back twice during the process in April and in June.

Now, it never occurred to me that proving a bona fide relationship would be the challenge because we had SO MUCH proof. For example, my constant trips every 2 months (passport stamps), our many many pictures together, evidence of daily e-mail and text message communication, my credit card statements showing me recharching her cellphone balance. She took a mountain of evidence to the interview despite me telling her that I didn't think it would be an issue....our relationship is VERY REAL!

Quick side note before I reach the denied reason: My wife was married before to her first boyfriend (of 4 years), who is also Cuban. They got married because he had gotten his Spanish citizenship and they decided to go live over there. After 4 months abroad, things didnt work out and they got back to Cuba around February 2012. After that they took their own paths and basically never heard from each other again. However, they remained married until she requested a divorce in September of 2014, considering the possibility of getting married with me at some point. She had not gotten divorced before because these processes are a headache in Cuba to go through and it's very tough to get around. The day-to-day hardships over there are real. Anyway, she received the Divorce Certificate in January of 2015 (before we had gotten engaged and before I had sent the application!).

So July 29th, she interviews at the former Interests Section Office, now officially the U.S Embassy. After many questions about our relationship and about my family, etc, he denied her the visa because he said it was "weird" that she had gotten divorced in January while we were dating already. Even though he denied her, he told her that our relationship looked REAL!!! She tried to explain that she actually requested the divorce in September, but those people are like robots and aren't even acknowledging you after their decision. We were both destroyed at this point....we had so many plans :/ she would've been here already.

I had a trip planned for July 31st already and was there for 9 days. We decided to get married so we could apply for a spousal visa this time. So this is where I am now. I am pretty confident I can handle the process without the assistance of a lawyer (even though I contacted one and wanted to charge me $5,000 for the help...which I declined). I am just somewhat worried that since she got her K1 visa denied less than a month ago and I plan on sending the I-130 within the next 2 weeks, I fear the recent K1 denial will have a negative impact for the CR-1 process.

I welcome your opinions and comments regarding my case. Sorry for writing so much (compared to most other posts) but I wanted to give a clear picture of the situation in return of clear suggestions and comments from all you wonderful people here on VJ. Thank you for taking the time to read.

- Guillermo

Sorry about the denial--you probably chose the best path by getting married and going for CR1. Unfortunately, the timing of everything you described would probably raise some red flags in the K1 process and I'm not sure there's much you could have done to avoid it (especially if she told them that she married her last husband to move out of Cuba and then left as soon as that didn't work out. Even if there's good reason for that, you can see how it can look to someone whose job it is to look out for people gaming the system). But you guys are legit, you're just going to have to prove it. As others said, keep getting evidence of ongoing communication, go and visit for as long as you can etc. Proof that she was separated from her ex in 2012 would be helpful (a letter from him? separate rental agreements? I don't know).

Also, just so you know, your quick USCIS approval had nothing to do with how well you filled out your forms and (as you have experienced) is not a reflection on how "good" you look on paper. It's all about proving that you meet the minimum requirements, which you did. It happened fast because you got lucky enough to get put into a line that only had a 3 week wait time. It's a line, plain and simple, and at the time you applied, that office (the line you were in) was turning those out in 3 weeks (so at a month, you actually came out a week over average for that office). The 5 month timeline you saw means that they are approving things within the 5 month goal time--not that they are taking 5 months to do it. 3 weeks is within 5 months.

I'm spelling this out because you need to be careful with this way of thinking (fast approval = did the paperwork well). One, generally, you're implying that other people did something "wrong" to deserve the longer wait times, even though it's just their bad luck to be sent to the office with a 7-month long line ahead of them. But also, and for your very near future-- because with CR1 applications you can be sent to one of 5 offices and some are much much faster than others, simply because of the length of the line. You don't know which you'll be put into, and if you wind up in a slow one, you don't want to think that it's because of anything you did.


Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

Share this post


Link to post
Share on other sites

Sorry about the denial--you probably chose the best path by getting married and going for CR1. Unfortunately, the timing of everything you described would probably raise some red flags in the K1 process and I'm not sure there's much you could have done to avoid it (especially if she told them that she married her last husband to move out of Cuba and then left as soon as that didn't work out. Even if there's good reason for that, you can see how it can look to someone whose job it is to look out for people gaming the system). But you guys are legit, you're just going to have to prove it. As others said, keep getting evidence of ongoing communication, go and visit for as long as you can etc. Proof that she was separated from her ex in 2012 would be helpful (a letter from him? separate rental agreements? I don't know).

Also, just so you know, your quick USCIS approval had nothing to do with how well you filled out your forms and (as you have experienced) is not a reflection on how "good" you look on paper. It's all about proving that you meet the minimum requirements, which you did. It happened fast because you got lucky enough to get put into a line that only had a 3 week wait time. It's a line, plain and simple, and at the time you applied, that office (the line you were in) was turning those out in 3 weeks (so at a month, you actually came out a week over average for that office). The 5 month timeline you saw means that they are approving things within the 5 month goal time--not that they are taking 5 months to do it. 3 weeks is within 5 months.

I'm spelling this out because you need to be careful with this way of thinking (fast approval = did the paperwork well). One, generally, you're implying that other people did something "wrong" to deserve the longer wait times, even though it's just their bad luck to be sent to the office with a 7-month long line ahead of them. But also, and for your very near future-- because with CR1 applications you can be sent to one of 5 offices and some are much much faster than others, simply because of the length of the line. You don't know which you'll be put into, and if you wind up in a slow one, you don't want to think that it's because of anything you did.

Thanks for the helpful tips! BTW, she was never asked why she married her ex- and that they had left Cuba at any point. This was her first love/boyfriend of 4 years, not someone she got married to to leave the country. Idk where you saw that she said any of that. Also, you're implying that I'm implying other people did something wrong to wait longer which is not the case. I was just trying to make a point about my application being as well formed as I could've done it and eliminate that as a possible cause for the denial. Like you said, I just got lucky I got put into one of the faster lines.

Thanks for the reply.

Share this post


Link to post
Share on other sites

We had a denied K1 and then married and filed a CR1 as well. Not many questions were asked of my husband at the CR1 interview, but those that were, all centered around the previously denied K1 so be prepared for that if it happens to you. We were approved at the end of it all thankfully.

Good Luck to you!


Our CR1 Journey

Met - 1/14/2010 // Engaged - 3/6/2011

K1 filed - 6/8/11 // Interview @ Mumbai Consulate - 1/5/2012: Denied // USCIS final decision - 3/15/2013; administratively closed and free to file again without prejudice

Married in Delhi - 1/30/2014

Sent I-130: 4/7/2014 NOA 1: 4/10/2014

NOA 2: 11/13/2014 (after 217 days)

NVC Received: 11/26/2014 (13 days from USCIS to the NVC)  // Case # & IIN # received - 12/29/2014 (via phone to NVC) Also sent email to get case transferred to New Delhi

NVC Welcome Letter received: 12/30/2014

Submit DS-261: 12/30/2014 // Paid AOS Bill: 1/2/2015  // Received IV Bill & Paid: 1/13/2015 (CEAC shows PAID 1/15/15) // DS-260 submitted: 1/17/2015

AOS & IV packages sent via FedEx: 1/19/2015  // AOS/IV packages received: 1/21/2015 @ 9:58 am (Signed for by: G. Waters) Scan date: 1/21/2015

60-Day Email from NVC: 1/24/2015 2nd 60-Day Email from NVC: 1/26/2015 (OK...I get it, it's taking 60 days.... sigh)

Reply from NVC re: Transfer to New Delhi : 2/16/2015 (Told to contact New Delhi...49 days wasted for no help at all!)

CASE COMPLETE!!: 3/12/2015 (50 days) // Case Complete Email Received: 3/19/2015 (7 days from CC date)

Interview Date Received via phone inquiry to NVC: 3/24/2015 // Packet 4 (Interview letter/Instructions) received: 3/25/2015

Medical Completed: 3/30/2015 // CEAC status: In transit to Mumbai and shows READY as of 4/1/2015

Biometrics Completed: 5/4/2015 // Received call from Embassy 5/11/2015 asking if we want to transfer to Delhi.....huh? One week prior to interview? Ummm.... no thanks!

INTERVIEW!! 5/18/2015 @ 7:30 am ~ Mumbai Consulate  RESULT: APPROVED!!!

Visa in hand: 05/20/2015 (Yay!) ELIS Fee ($165) paid this day as well

POE: 05/29/2015 Newark 

SSN card received: 6/8/2015 (processed on 6/2/2015) // ELIS shows "Optimized" since 5/30/2015  // ELIS changed to "In Process" 07/14/2015. (E-file received 06/25/15)

GREEN CARD RECEIVED!! 7/30/2015

ROC

Sent:  3/22/2017 | $680 Check cashed: 4/3/2017

NOA1: 3/30/2017 (Rcvd 4/3/2017)

Biometrics Appt letter received: 4/22/2017 - Biometrics date:  5/3/2017 - Done. Hubby said they were super friendly in the Pittsburgh field office! 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×