Can we file for CR-1??

[Roy&katy 1]

We were denied at the Guayaquil Ecuador Consulate for immigration purposes only.this was after 2 interviews. Yes we submitted all the evidence, senators, congressman, and all that non-helping items, they still sent our case back for review to VSC in january 8, 09. We want to marry in july and have everything ready. Our orginal petition was filed in october 2007. As long as we repsond to all the requests from uscis, is it safe we marry? my lawyer says that is the best option for CR-1 or K-3 and stop worrying about the k-1. Any help would be wonderful. Thanks

[chinese_mutt 11]

yep you can get CR1 after being denied for k1.

not sure what steps to do but i think, you have to close the case for k1 too before filing for cr1.

there are some people here who successfully got cr1 visa after being denied for k1.

[Otto 83]

What was the (exact) reason for denial?

[No-Where-Man 147]

yes its so important to share the exact reason of denial which was mentioned in the officer report about ur case ....?

its important for us to know it so we serve giving u the correct informations beside learning

hope u get back to us with an answer ..and tell us if u attended the Interview with the beneficiary or no ..

thanks and GOOD LUCK

[Beth/ Paris Heart 2]

yep you can get CR1 after being denied for k1.

not sure what steps to do but i think, you have to close the case for k1 too before filing for cr1.

there are some people here who successfully got cr1 visa after being denied for k1.

Wait!!!!!!!!!!!! You FIRST need to know EXACTLY why you were denied, and not for immigration purposes, that is not listed on reject form.

Exactly WHY were you denied? No bans were put in place , were there????

[chinese_mutt 11]

yep you can get CR1 after being denied for k1.

not sure what steps to do but i think, you have to close the case for k1 too before filing for cr1.

there are some people here who successfully got cr1 visa after being denied for k1.

Wait!!!!!!!!!!!! You FIRST need to know EXACTLY why you were denied, and not for immigration purposes, that is not listed on reject form.

Exactly WHY were you denied? No bans were put in place , were there????

oh yeah! this too!! material misrepresentation is not good... if you get a ban that's worse.

i was thinking more like the ordinary cases of denial such as lack of proof of meeting in person... such and such.

[Roy&katy 1]

We were not given a denial form. I have had the senator and congress get a response and it says Based on the information of the interview, we believe the visa was for immigration purposes only and are returning the case for review. The state department told us the denial was under section 221g. There was no form, formal letter, It was a typed, no letter head signed by the "chief consul" with no name. It was the same response in emails. I did not attend the first interview, but the second interview i attended and we did a matrimonial stokes style interview in separated rooms and were drilled like prisoners of war. This interview was done by an ecuadorian national and not a u.s. consul, and told us that the consuls were busy with other cases.

If you status changes I would think we could file a new petition with an attachment as the k-1 dies anyway when we marry. From what i understand, this k-1 can take 2-3 years just to offer a review and then more time for the decision. It says multiple k-1 petitions are not allowed, but it dont say that about cr-1 or k-3.. I have read other couples on here filed with pending cases and got approved, but every consulate is different. There is no talking to , asking questions, emailing or anything from this particular consulate, the only phone call you get to them cost 12 dollars and its just to schedule the interview.

We submitted hundreds of pictures, and during the interview, they never asked who was in them or anything. They didnt care, the decision was already made.

[Roy&katy 1]

Here is the congressional email response from the consulate to my congressman.

United States Consulate General

Guayaquil, Ecuador

August 12, 2008

The Honorable Vic Snyder

Member of Congress

ATTN: Maggie Hobbs

E-MAIL: Maggie.Hobbs@mail.house.gov

Dear Mr. Snyder:

Thank you for your e-mail of August 5, 2008 concerning the K-1 visa application of Ms. xxx xxx. Your constituent, Mr. xxx, is interested.

On March 25, 2008 Ms. xxx was found ineligible to receive a K-1 visa under Section 221 (g) of the Immigration and Nationality Act because she failed to provide sufficient evidence to prove that a bona fide relationship existed between her and Mr. xxx.

Based on the lack of evidence, the Consular Officer suggested a joint interview as a method for verifying the relationship. This Consulate conducted an interview with the couple on June 26, 2008. During this interview, the couple was not able to demonstrate that their marriage was not solely for the purpose of obtaining an immigrant visa for Ms. xxx.

Ms. xxx’s immigrant visa petition is being returned to the Department of Homeland Security (DHS) through the National Visa Center with a request that they revoke approval of this petition. The case is first sent to the NVC and then they forward the case to the DHS office that approved the I-130 petition.

The decision made by the Officer on August 7, 2008 cannot be appealed. After DHS reviews the request for revocation, they will contact Ms. xxx with their findings.

Please do not hesitate to contact us if you have any other questions.

Edited June 20, 2009 by Roy&katy

[Beth/ Paris Heart 2]

Here is the congressional email response from the consulate to my congressman.

United States Consulate General

Guayaquil, Ecuador

August 12, 2008

The Honorable Vic Snyder

Member of Congress

ATTN: Maggie Hobbs

E-MAIL: Maggie.Hobbs@mail.house.gov

Dear Mr. Snyder:

Thank you for your e-mail of August 5, 2008 concerning the K-1 visa application of Ms. xxx xxx. Your constituent, Mr. xxx, is interested.

On March 25, 2008 Ms. xxx was found ineligible to receive a K-1 visa under Section 221 (g) of the Immigration and Nationality Act because she failed to provide sufficient evidence to prove that a bona fide relationship existed between her and Mr. xxx.

Based on the lack of evidence, the Consular Officer suggested a joint interview as a method for verifying the relationship. This Consulate conducted an interview with the couple on June 26, 2008. During this interview, the couple was not able to demonstrate that their marriage was not solely for the purpose of obtaining an immigrant visa for Ms. xxx.

Ms. xxx’s immigrant visa petition is being returned to the Department of Homeland Security (DHS) through the National Visa Center with a request that they revoke approval of this petition. The case is first sent to the NVC and then they forward the case to the DHS office that approved the I-130 petition.

The decision made by the Officer on August 7, 2008 cannot be appealed. After DHS reviews the request for revocation, they will contact Ms. xxx with their findings.

Please do not hesitate to contact us if you have any other questions.

Okay then, you can apply for a CR-1. Clean cut denial. Im sorry about that, but its not over. Marry and file again. Very best wishes!!!

[Penguin_ie 5,986]

I would send a registered letter to USCIS to withdraw the K1 even if you get married, just to make sure that petition is dead. The ensure you gather lots of photos, chat records, affidavits from friends and family who know you as a couple etc to convince the CO next time that you are a happily married couple.

[Jamaican JNR 2]

We were denied at the Guayaquil Ecuador Consulate for immigration purposes only.this was after 2 interviews. Yes we submitted all the evidence, senators, congressman, and all that non-helping items, they still sent our case back for review to VSC in january 8, 09. We want to marry in july and have everything ready. Our orginal petition was filed in october 2007. As long as we repsond to all the requests from uscis, is it safe we marry? my lawyer says that is the best option for CR-1 or K-3 and stop worrying about the k-1. Any help would be wonderful. Thanks

Follow your lawyer's advice.