k-1 Refusal , apply for k-3

[Adil & Jeanne 296]

Hi Everybody !!

Our k-1 visa get Refusal , so we plan me and my fiancee to get married here in Morocco as soon and apply for k-3 !!

is that okay !! any information and thanks for Help .

[Penguin_ie 5,986]

It's ok to do this, but the reason for the original denial would still need to be overcome. Why were you denied?

Don't go for the K3, apply for the CR-1, which results in an immediate greencard upon entry to the USA. Less paperwork, can work immediately and cheaper.

[Adil & Jeanne 296]

We still not know what the Reason , CO said our case will be Return to US as she give me a Refusal Worksheet .

we just do have a lawyer said we need to get Married and apply for k-3 as he will appeal too .so what you think ?

Thanks for Help!!

[canadian_wife 1,795]

I think, as penguin said, that you need to overcome the denial reasons. Getting married doesn't erase those reasons. You need to find out why it was denied in the first place. They should have given you a sheet of paper explaining why - you need to contact the consulate if you didn't get one.

Good luck.

[NigeriaorBust 4,087]

A lot of cheap immigration attorneys will tell you to just get married and it will be fine. This is bad advise. ( and the K3 is even worse advise usually ) You need to find out what went wrong and fix it. If they had issues simply showing up with a marriage licience isn't going to make them happy. What exactly did the slip say and did they make any notations in his passport ?

[pushbrk 12,245]

We still not know what the Reason , CO said our case will be Return to US as she give me a Refusal Worksheet .

we just do have a lawyer said we need to get Married and apply for k-3 as he will appeal too .so what you think ?

Thanks for Help!!

You must have misunderstood your lawyer. Getting married will kill any chance of winning an appeal of the K1 case as you will no longer have a fiance. K3 is obsolete when immigration is the immediate goal. You would follow the CR1 route. If you don't have confidence in your lawyer's guidance, I suggest you fire them and get advice you can count on.

[Adil & Jeanne 296]

Thanks For Everybody to help and give important informations .

So what Can I do ? Getting married and apply for CR/1 .

[pushbrk 12,245]

Thanks For Everybody to help and give important informations .

So what Can I do ? Getting married and apply for CR/1 .

Yes but as mentioned multiple times, you'll need to deal with the reason for the denial. Your worksheet gives at least a general reason for the K1 denial. What was it?

[Adil & Jeanne 296]

Pushbrk , so what should be Can do ?? Call USCIS and ask about the Reasons or waiting till case back to US ?? i dont know how much case take time to Return to US .

Thanks for any Help given !!

[Penguin_ie 5,986]

You said you got a "refusal work sheet". Can you scan that in or copy it, to tell us exactly what it says? Also, was there anything stamped or written in the passport It would probably jsut be a number in the passport...

[Adil & Jeanne 296]

penguin , the paper Said " You case is being returned to USCIS for further adjudication , Please allow Several weeks for the case to reach the US .any further inguiries regarding your case will need to be directed to USCIS "

I dont have any thing on my passport else .

Edited February 2, 2010 by Enrique1

[Adil & Jeanne 296]

So any ideas ? or Advices about that !!

My fiancee and I plan to get Married to show them that our Realiationship is really Serious , then we will apply for CR/1. we dont need to give up !!

Thanks for any Help .

[lucyrich 19]

Read this article carefully.

http://www.ilw.com/articles/2006,0323-ellis.shtm

It's old, and some of the finer points may have changed slightly, but note that it's possible an uncontested denial of a K-1 can sometimes cause serious problem for the K-3 (or CR-1). Depending on the specific facts, it may be safest to appeal the denial of the K-1.

And of course, the really important thing is to find out exactly why the K-1 was denied. If the reason for the original denial still exists at the interview for the new visa, the new visa will probably be denied.

[baron555 934]

Hi Everybody !!

Our k-1 visa get Refusal , so we plan me and my fiancee to get married here in Morocco as soon and apply for k-3 !!

is that okay !! any information and thanks for Help .

Sure it's OK but it won't help at all for any future visa petitions. You have to resolve the denial reasons first, regardless of how you file.

[Lia792 5]

For those who were wondering, here is a link to the denial worksheet that he posted a couple days ago:

http://www.visajourney.com/forums/index.ph...=239323&hl=

However, Enrique, you never answered questions about the interview questions, so we still don't really know why you were denied. Did you ever have your fiancee contact her Congressman so that your case would stay at the Embassy?