K1 denied. Next step and documentation needed

[Ianh 0]

How can you get married before you get approved for a k1 visa ?? The k1 visa is specifically to get married within 90 days. Have you applied for the correct visa ?? 

[Brit1 54]

7 minutes ago, Ianh said:

How can you get married before you get approved for a k1 visa ?? The k1 visa is specifically to get married within 90 days. Have you applied for the correct visa ?? 

Relax, she didn't. They applied for a K-1. After that was denied, they got married and are now planning to file the CR-1 petition.

[Ianh 0]

53 minutes ago, Brit1 said:

Relax, she didn't. They applied for a K-1. After that was denied, they got married and are now planning to file the CR-1 petition.

Lol I was wondering 

[Myprincess 6]

15 hours ago, O&GForever said:

Front loading means providing extra documentation and evidence with the petition you send to the USCIS. For example, I submitted evidence of my trips to Ghana, receipts and information from our wedding, conversations and call logs, letters of support from my family, proof my husband is on my insurance, and the beneficiary of my life insurance, and some other things. Then I did what's called side loading at the NVC level. I added proof of another trip, updated conversations and a few other items.

 

The idea behind this is to provide the CO with evidence before the interview. It seems like many times they have made up their mind before you step foot in the embassy. There have also been cases where the CO's don't even look at the evidence that is brought to the interview. By front loading, you've hopefully provided them with a positive view of your case ahead of time. 

 

 

Yes,I agree with O&Gforever said,

That CO made a decision before you're interview ,base on the evidence you sent to USCIS and nvc. 

My husband sent a lot of document to USCIS and added more at nvc as well.

I also sent some to the interview.l think it's good to frontload your case with a whole lot of evidence

[LionessDeon 2,060]

8 hours ago, Vicgh16 said:

That's why I posted my question here. Hoping that someone who has experienced my circumstance may be able to guide me.

I urge you to slow down and take some time to do some research.  It will benefit you in the long run.  I have been on this forum for almost 3 years.  I have seen many many posts just like yours.  Please heed some advice.

1. visa approvals are consulate specific..meaning please pay attention to advice regarding the Ghana embassy directly and those who have had interviews, denials, and approvals there.

2. you must overcome the issues with your K1 denial to be successful in your CR1 approval.

3. Ghana is high fraud and therefore, frontloading, marriage evidence, and face time are of utmost importance.

4. Please, please start reading read everything...the Ghana portal go back page after page and read the other threads related to this exact topic.  There is a wealth of guidance and information there.

5.  Bascially, you were not successful in proving a bonafide relationship to the IO, which is very common at the Ghana embassy.  Contacting a congressman at this point is futile , in my opinion.

 

There were just some posts on this same topic recently.  Please read through them thoroughly.

^^^^ this post is directly 2 under yours in the Ghana portal.  A ton of info here.  It's redundant to retype it all.  PLEASE READ ^^^^^

[soulstriker 274]

maybe you should of tried understanding the k1 denial , before marrying seems yall got denied then rushed and got married without figuring out what the k1 denial really was ,and if u didnt frontload that could of also been a factor 

[Ben&Zian 4,397]

You need to, if you still can, inquire about the FOIA and figure exactly why the K-1 was denied.

 

If it was because they truely did not believe the relationship was real, getting married doesn't just magically correct that. 

 

You may be making 2-3 or more trips back to Ghana to prove that it is, as well as a lot more documentation before they would approve the CR-1 visa.

[Ebunoluwa 6,136]

13 hours ago, geowrian said:

No. The embassy may send the I-129F petition it back to USCIS, which may then send a NOIR to the petitioner (your fiance) providing a reason. That said, that process tends to take months to a year or more from what I've seen on VJ. Proceeding with the CR-1 might be a better option. While the only clue as to your denial is that the CO didn't believe you would marry, that - to me - implies the bona fide relationship was not proven in the CO's eyes. Either way, since you are now married, you can't fight the NOIR since you are no longer eligible for that visa anyway. Again, the CR-1 sounds like the next option.

 

K1's are not reviewed and receive no NOIR letter, only CR/IR's do. K1's will sit in storage at USCIS and then a letter is send out informing
the petitioner that the petition has expired, usually after 6 months.

[geowrian 22,335]

6 minutes ago, Ebunoluwa said:

 

K1's are not reviewed and receive no NOIR letter, only CR/IR's do. K1's will sit in storage at USCIS and then a letter is send out informing
the petitioner that the petition has expired, usually after 6 months.

Never? I know that it's more likely than not they they will not review them or issue a NOIR, but I wasn't aware that it was never.

 

https://dyanwilliamslaw.com/2016/08/what-triggers-a-notice-of-intent-to-revoke-an-i-130-or-i-129f-petition-and-what-can-you-do-about-it/

http://www.mayvisalaw.com/Family-Based-Immigrant-Visas/Notice-of-Intent-to-Revoke-I-130-or-129F.shtml

https://en.wikipedia.org/wiki/Notice_of_Intent_to_Revoke

 

[Eric-Pris 1,602]

14 hours ago, Vicgh16 said:

 He said the officer didn't believe we would get married with 90 days after entry to the states. 

I don't think that in itself is a reason to deny.  How can he tell whether or not somebody will marry.

 

But it sounds like it's part of the reason why he didn't think that the relationship was real and maybe that's a way for them to not have to tell the applicant that directly to their face.

 

Edited January 19, 2017 by Eric-Pris

[Ebunoluwa 6,136]

14 hours ago, Vicgh16 said:

Hello Everyone, 

 

My partner's K1 got denied. We got married October 2016, I want to file for him asap. What additional documentations do I need to add to the CR1 form . What's the total package I need to send to immigration. 

 

Thank You 

 

 

 

Here is the I-130 leading to CR1 guide >>>   http://www.visajourney.com/content/i130guide1

 

Frontload the petition. Use the VJ search bar by entering frontload to read the threads about it.
Sideload at NVC with more evidence from another trip you will have taken by then hopefully.

Then be on the premises at the time of the interview (even though you won't be allowed inside, it shows you are serious.)

Have your husband bring additional ongoing evidence to the interview as well as lots of photos from the wedding with family.

Have him mention that you are waiting outside should they wish to speak to you.
 

Don't bother with FOIA or a senator, the CO told you the reason already that he doesn't believe you would get married.
You have overcome that part by marrying. Done deal. Ghana returns piles of K1's, even CR1's, often for stupid reasons.
Ghana is high fraud so they have to weed out the scammers but along with it many genuine couples get refused.
To me it is always a surprise when K1's post they were approved and it comes as no surprise that most get refused there.
Unless the CO was harping on other issues and told your husband he didn't like this or that then there is no need to do a FOIA.

 

Take your time to prepare a top notch quality well organized petition and research the Ghana threads and embassy reviews
every day. Don't take it for granted that the CR1 will be approved the first time around.
Should it be returned also then you again find out the reason, overcome it and respond to the NOIR letter you will receive.
If USCIS would then be satisfied with your rebuttal it will send the petition back to the embassy with recommendation to approve.
The entire reaffirmation process of a refused CR1 can take 18-24 months so be diligent to have a superb petition package

at your next filing so you hopefully do not have to face another refusal.


 

 

[Ebunoluwa 6,136]

9 minutes ago, geowrian said:

Never? I know that it's more likely than not they they will not review them or issue a NOIR, but I wasn't aware that it was never.

 

https://dyanwilliamslaw.com/2016/08/what-triggers-a-notice-of-intent-to-revoke-an-i-130-or-i-129f-petition-and-what-can-you-do-about-it/

http://www.mayvisalaw.com/Family-Based-Immigrant-Visas/Notice-of-Intent-to-Revoke-I-130-or-129F.shtml

https://en.wikipedia.org/wiki/Notice_of_Intent_to_Revoke

 

 

 

Research Marc Ellis articles why the NOIR are no longer issued for K1's. A lawsuit prevents this now so that the fraud marker
will not be flagged on the case and to let it expire is the result of that lawsuit. Any lawyer that tells you differently is not telling the truth.
Your links are either outdated or the attorneys are clueless of the changes. Wiki is not correct either.
I have seen ONE K1 being looked at (reviewed) in the past 8 years. That one has not made it back to the embassy yet and it
involved different circumstances with a whole lot of rattling cages.
 

[Ebunoluwa 6,136]

33 minutes ago, geowrian said:

Never? I know that it's more likely than not they they will not review them or issue a NOIR, but I wasn't aware that it was never.

 

https://dyanwilliamslaw.com/2016/08/what-triggers-a-notice-of-intent-to-revoke-an-i-130-or-i-129f-petition-and-what-can-you-do-about-it/

http://www.mayvisalaw.com/Family-Based-Immigrant-Visas/Notice-of-Intent-to-Revoke-I-130-or-129F.shtml

https://en.wikipedia.org/wiki/Notice_of_Intent_to_Revoke

 

 

Read through this thread on page 2 you will see the change coming into effect. This is from 2010.
 

I have talked to Brent Rennison and Marc Ellis personally and discussed this issue years ago on the phone.

Edited January 19, 2017 by Ebunoluwa

[Ebunoluwa 6,136]

32 minutes ago, Eric-Pris said:

I don't think that in itself is a reason to deny.  How can he tell whether or not somebody will marry.

 

But it sounds like it's part of the reason why he didn't think that the relationship was real and maybe that's a way for them to not have to tell the applicant that directly to their face.

 

 

With the CO's discretionary powers they can surely use that reasoning.
They should not but they do and get away with it.
We were told by the CO that she thought our future marriage would not be a lasting one.
When I asked her why she thinks that she shrugged her shoulders and said just my gut feeling.
I documented this verbal exchange and submitted it along with my next filing to USCIS, frontloaded  her
personal assumption and spin on it. My now hubby was approved on a second K1.

[meemee1 34]

Sorry to hear about the denial, my fiance was also denied a K1 last year in April we married in October 2016 in Ghana too. We are now in the process of applying for cr1 too. I went thru my congresswoman and received a message from the Consul general who gave the whole sham marriage reason and suggested we reapply. It is very difficult for them to give a logical reason besides not bonefide.

As we reapply I am just focusing on front loading as Ebunoluwa and Lioness Deon have suggested, really follow their advice! I have also had more face time and stayed in Ghana for 2 months and we are planning another visit as well. I have also done some research online that's suggest high quality evidence instead of quantity as over submission can trigger them to doubt, thi embassy is strange if you give to little or too much it seems to cause a trigger.Wish you the best and hopefully this time around cr1 approvals:)