Re-filing my K1..is it not GOOD???

[Mrs. Taylor 2009 1]

Hi there to all VJ's Again... This really situation really gives me so much thinking... I will done on my Annulment and ME and my FIancee wanted to file again our K1. We've done the K1 last March 2008 my interview date, but bcoz of I have unterminated marriage I was denied. Do i still have the BIG chance to get a visa for K1??? Or do I really need to do the K3 next time??

THank you for the time reading this Topic and do appreciate all the advice....

GOD BLESS TO EVERYBODY....

Judy

[Completely 3]

Hi there to all VJ's Again... This really situation really gives me so much thinking... I will done on my Annulment and ME and my FIancee wanted to file again our K1. We've done the K1 last March 2008 my interview date, but bcoz of I have unterminated marriage I was denied. Do i still have the BIG chance to get a visa for K1??? Or do I really need to do the K3 next time??

THank you for the time reading this Topic and do appreciate all the advice....

GOD BLESS TO EVERYBODY....

Judy

Just do a CR1 Visa, get married first in the Philipines, have all the marriages certificate authenticated..

Here are some guideline regarding the difference of K3- and CR-1 Visa.

What is the CR-1 Visa?

The CR-1 (Conditional Resident) visa allows applicants to receive conditional permanent residence upon arrival in the US. Recipients of the CR-1 are able to work immediately upon arrival in the US. Conditional Residents usually receive their green card in the mail 2 - 3 months after arrival. Permanent resident status is considered conditional, because the immigrant must prove that they did not get married merely to circumvent the immigration laws of the United States.

The conditional resident and the US citizen spouse must apply together to remove the conditional status of permanent residence. It is advisable to apply 90 days before the end of the spouse’s second year as a conditional resident. If the application to remove conditional status is not filed in time, the immigrant spouse could lose her conditional resident status and be subject to removal from the country.

K-3 Visa & CR-1 Visa Process

The K-3 visa vs. the Immigrant (CR-1, IR-1) visas:

The K-3 visa was created with one intention: to allow spouses of U.S. citizens to swiftly get a visa to the U.S. without waiting for an immigrant visa (CR-1, IR-1) to become available. However, for spouses of U.S. citizens, there is no annual limit to the number CR-1 or IR-1 visas that can be issued each year, so an these visas are always immediately available.

The only difference between the K-3 and the immigrant visas (CR-1 and IR-1) is processing time. The USCIS must apply the exact same standards to both the CR-1 and IR-1 petitions for spouses of US Citizens as it does for K-3 visa petitions for spouses of US Citizens. It usually takes 2-3 months longer for the CR-1 and IR-1 Visa’s to be processed because the National Visa Center takes more time to process these visas.

The K-3 visa is faster up front, but a spouse who enters the country on a K-3 visa must adjust his or her status to conditional residency after he or she enters the United States. The time and money saved by getting the K-3 visa is made up because the adjustment of status demands an additional investment of time and money.

The bottom line: If you are looking to get your spouse into the United States as soon as possible then the K-3 visa is the way to go. However, if speed is not essential and if it is important that your spouse is a permanent resident from the moment he/she enters the US and will be able to work upon entry into the country, then the Immigrant (CR-1 and IR-1) visas are a better fit.

Goodluck

Edited September 14, 2008 by Completely

[brnidokiegurl 0]

so u cancel the first one? had interview?

ok i see u did have interview and was denied...the petition was returned? then what..have you been given opportunity to correct the problems..

Edited September 14, 2008 by brnidokiegurl

[Mrs. Taylor 2009 1]

so u cancel the first one? had interview?

ok i see u did have interview and was denied...the petition was returned? then what..have you been given opportunity to correct the problems..

We didn't cancel the first one, we got NOA2 approved it was my interview was denied bcoz I have unterminated married that i have to annul.. I will be finished on that annulment.. Thats the only reason they denied me and need to be annull first b4 i do the fiancee. And yeah the petition was returned already at USCIS as it is written on my RESULT that I've got after my interview..

[brnidokiegurl 0]

You would also get notice after it is returned fr either calif or vermont....my expierience is calif will let expire and tell u u are free to refile.....vermont sits on the reviews some still for 2 years with no review....

[KimandRuss 0]

Why suggest they get married in the PI?

The first visa was denied because you were not free to marry as is one of the requirements of of the I129f.

If you have your proof of annulment now simply file another I129f. Note that you have been through the process and what happened just so they are aware.

[Skeeter211 2]

I guess the bigger question for me is one of how did you complete your first petition since you were still married. Did you claim to be single and it was discovered by the embassy in your CENOMAR that you were married before? I am guessing that you must not have told the USCIS that you were married before because then your petition should not have been approved without the annulment to allow you to get to the interview stage. How did you complete the petition before?

If you were married when you filed the first petition and claimed to be single, I would think you would be questioned about it. Maybe some more experienced VJ members could also advise on this. Wouldn't she not need a fraud waiver?

Scott

[Skeeter211 2]

I forgot to add that if it is considered a fraud issue, I don't think getting married in the Philippines so you can file a new K-3 petition will fix that issue.

Scott

[envy_me 18]

fix the prob with the first case first..

then try to refile if they will let you.. IMO!

goodluck!

[brnidokiegurl 0]

I would think IF you claimed single knowing you were not free yes i think u maybe out of luck, if circumstances we such that for whatever reason you thought you were free, (wouldnt you need divorce papers, etc) then maybe you can explain more to them

[Mrs. Taylor 2009 1]

I guess the bigger question for me is one of how did you complete your first petition since you were still married. Did you claim to be single and it was discovered by the embassy in your CENOMAR that you were married before? I am guessing that you must not have told the USCIS that you were married before because then your petition should not have been approved without the annulment to allow you to get to the interview stage. How did you complete the petition before?

If you were married when you filed the first petition and claimed to be single, I would think you would be questioned about it. Maybe some more experienced VJ members could also advise on this. Wouldn't she not need a fraud waiver?

Scott

Actually, i've got my singleness b4 we do the K1 of course. I know the rules, i used my last name as in my BC Saringan with enye(~) thats what i got my CENOMAR.. thats why i thought that my first marriage b4 is really not existing coz my ex is my 2nd cousin and we have so complicated problem to all my family thats why i didnt know if the marriage really existing. So when i got the CENOMAR we do the K1 and my daughter BC is illegitimate so i thought everything is fine. Then USEM used my last name without enye thats it is on my Marriage Contract. So they got it. I got MY RESULT TO THE USEM stating on that paper... 221G Your relationship with the petitioner does not satisfy the legal requirements for immigration benefits. Note : That beneficiary has a prior UNTERMINATED MARRIAGE ...blah..blah.. ANd tthey returned it to USCIS..

My question is : Am i still dont have the chance??? if ive done my annulment already????

Thanks!

[brnidokiegurl 0]

refile, and show all evidences and explain complete story, i guess the question is will they believe now

[Dakine 26]

I guess the bigger question for me is one of how did you complete your first petition since you were still married. Did you claim to be single and it was discovered by the embassy in your CENOMAR that you were married before? I am guessing that you must not have told the USCIS that you were married before because then your petition should not have been approved without the annulment to allow you to get to the interview stage. How did you complete the petition before?

If you were married when you filed the first petition and claimed to be single, I would think you would be questioned about it. Maybe some more experienced VJ members could also advise on this. Wouldn't she not need a fraud waiver?

Scott

Actually, i've got my singleness b4 we do the K1 of course. I know the rules, i used my last name as in my BC Saringan with enye(~) thats what i got my CENOMAR.. thats why i thought that my first marriage b4 is really not existing coz my ex is my 2nd cousin and we have so complicated problem to all my family thats why i didnt know if the marriage really existing. So when i got the CENOMAR we do the K1 and my daughter BC is illegitimate so i thought everything is fine. Then USEM used my last name without enye thats it is on my Marriage Contract. So they got it. I got MY RESULT TO THE USEM stating on that paper... 221G Your relationship with the petitioner does not satisfy the legal requirements for immigration benefits. Note : That beneficiary has a prior UNTERMINATED MARRIAGE ...blah..blah.. ANd tthey returned it to USCIS..

My question is : Am i still dont have the chance??? if ive done my annulment already????

Thanks!

I suggest your fiance get a immigration lawyer. I would think getting married and doing a spouse visa wouldn't be the way to go about it. If refused you'd have to get another annulment for the new marriage before you could move on with your life.

[Mrs. Taylor 2009 1]

I suggest your fiance get a immigration lawyer. I would think getting married and doing a spouse visa wouldn't be the way to go about it. If refused you'd have to get another annulment for the new marriage before you could move on with your life.

[/quote

Here's the story: When i got my interview time they told me to get annul coz i have previous marriage, first i got scared to tell them i really do have marriage b4 coz i have DOCUMENTS stating that I am single and my child BC. Then she (CO)thought it was FAKE DOCUMENTS but i can fight for that coz I GOT THAT SINGLENESS through NSO and its not really FAKE..they can checked on that anyways. ANd YES, i went to the FRAUD DEPARTMENT at that time too for questioning and then the guy there told me to tell everything and he will HELP ME and we will do AFFIDAVIT SUPPORT stating that I'd truly tell the truth now and give it to the CHIEF of Fraud and oat to him that all I tell to the guy is the truth story. And the guy told me that your FINE now and YOU KNOW YOU ARE DENIED. So he told me that I should start my ANNULMENT PROCESS so i will be fine next time on the petition. I asked him if i have still the chance to go to my fiancee. And he EXPLAINED TO ME THAT OF COURSE... I DO THE FIANCEE VISA AND MY PROBLEM IS I HAVE STILL UNTERMINATED MARRIED and the solution is TO GET ANNUL FIRST... and i think they already CHECKED MY SINGLENESS PAPERS AND THEY KNEW THAT I'VE GOT REALLY TRUE DOCUMENTS and THE AFFIDAVIT SUPPORT STATING THAT I HAVE PREVIOUS MARRIAGE but the marriage contract stating the wrong DATE OF MARRIAGE AND OTHER THINGS. And its state there too that my fiancee knows that i have previous marriage and he is willing to HELP ME TO DO IT. That guy helps me alot and told me that AS LONG AS I TELL EVERYTHING AND WE HAVE THE AFFIDAVIT OF SUPPORT EVERYTHING IS DONE ALREADY FINE. Maybe thats why they've gave me A RESULT OF DENIED COZ I HAVE STILL A PREVIOUS MARRIAGE AND NOT STATING THAT I HAVE LIED OR WHATSOEVER...

Hope that you could enlighting on my story...thanks to all VJ's

[Mrs. Taylor 2009 1]

I have nothing to HIDE anymore coz the only problem we have is THE PREVIOUS MARRIAGE that I am on the process now. And really that GUY IN THE EMBASSY HELPS ME alot. HE TOLD ME THAT WE ONLY NEED TO DO IS TO HAVE A AFFIDAVIT SUPPORT to tell everything what happened on my interview...then OATH TO THE CHIEF OF FRAUD DPARTMENT.. AND HE SIGNED IT...and THE AMERICAN CHief is really nice.. I know, thats the reason they gave me a result stating ONE PROBLEM ONLY...AND NOT BCOZ I LIE OR WHATSOEVER....

Thanks to GOD...I went back home still smiling at that time coz I know i still have the chance if i do the RIGHT THING THIS TIME...

Thanks to ALL...