K-1 and IR-1

[Dan Nguyen 3]

Hello all,

I applied for K-1 visa back in 2008. It was refused because CO thinks we don’t have bona-fide relationship.

I notified them that my fiancée is 5 months pregnant with my baby.

They recommended we conduct DNA test. We decided to get married before undergoing DNA test.

They said our petition is now invalid and will be return to USCIS.

Now, I have to file for IR-1 visa.

Will the K-1 come back to haunt me? Anyone here made the same mistake?

[ally and moh 3]

In Sept 2009, My husband interviewed for a K1. He was told it would go back to USCIS for further review because they thought he was marrying me for a visa.

I cancelled the K1 and flew to Jordan Oct 1 and we married Oct 6, 2009. We immediately filed the CR1.

It took us 5 months to get thru USCIS when most couples went thru in 3. At NVC we got an RFE (my mistake on a paper) but it was easy to fix. We got CC on May 11, but didn't get an interview date for weeks!

When we went for the interview on Aug 24, it was not a good experience. Seems they still had some doubts about us. We interviewed with the CO and were told we were getting AP and to wait in the lobby. Then a DOS guy and Homeland Security criminal investigator interviewed me alone and then my husband alone. Those 2 guys were NOT nice!

We left with mandatory AP and a 2nd CO told us the file was going to Washington DC. We think it's in further background checks, but I can't get a straight answer on that.

Although they had doubts about us, the 2nd CO told us our paperwork was perfect. I flew to Jordan with about 35 pounds of additional evidence... which they never asked for a piece of! I had all our chats, phone logs, text records and tons of pics from the 3 trips I had made before along with new ones from that visit.

You just never know what they are going to do!

We are now trying to survive this AP HELL!

[Dan Nguyen 3]

Our situation is a bit different. I didn't cancell my K-1. It became invalid when we got married. I hope we don't have to go through what you went through.

Did they ask you why you cancelled your K-1? What kind of questions did they asked you?

Sounds like they're jerking you around. I hear that AP is not good. They're digging for a reason to deny because they're suspicious.

I know that they view a couple that's recently married filing for IR-1/CR-1 the same as an unmarried couple filing for a K-1. I know that's not very encouraging, but maybe it'll help you prepare.

[ally and moh 3]

Our situation is a bit different. I didn't cancell my K-1. It became invalid when we got married. I hope we don't have to go through what you went through.

Did they ask you why you cancelled your K-1? What kind of questions did they asked you?

Sounds like they're jerking you around. I hear that AP is not good. They're digging for a reason to deny because they're suspicious.

I know that they view a couple that's recently married filing for IR-1/CR-1 the same as an unmarried couple filing for a K-1. I know that's not very encouraging, but maybe it'll help you prepare.

As for the cancel of the K1, I sent a letter and called to do it, but when I got back from marrying him, I found out they never processed it. So they put it thru again and told me the marriage made it null and void any way.

It was never mentioned at this interview and the questions from the CO were the basic ones... how we met, what he would work when here, nothing unusual.

MOST (not all) AP is just deeper background checks and they go thru but sometimes it takes a year or more. I think any questions they had about the relationship were answered when they had us alone.

Honestly I have been on VJ for almost 2 years and I have never read they view newly married couples the same as K1s. Can I ask where you found that?

Any way if they ever ask for more evidence I have it. Not many pics from my very 1st visit because I went not knowing if I was going to stay there with him or come back here. We had no idea we would file fro his visa to come here and need all this "proof". In the last year with my 3 trips (one was 7 weeks and the other 2 were 3 weeks each), I have about 5000 pics. We send 100 texts or more every day. We even keep our calls open online and sleep together every night. We truly love each other and I will prove it if I have to!

And luckily we BOTH saved every online chat for more than 2 years now, so I can print all those if they really want them... LOL!

[Dan Nguyen 3]

I got this from an international matchmaker.

"Some applicants mistakenly have the belief that by getting married, that they automatically prove their relationship is bone fide. This is not the case. An UNmarried couple hoping to bring a fiancee to the USA, and promising to marry after arrival in the USA, is viewed the same way as a Married couple who has just recently married and applied for a spousal visa.

You will be speaking with the same consular officers when you attend your interview for the CR-1 visa."

[ally and moh 3]

I got this from an international matchmaker.

"Some applicants mistakenly have the belief that by getting married, that they automatically prove their relationship is bone fide. This is not the case. An UNmarried couple hoping to bring a fiancee to the USA, and promising to marry after arrival in the USA, is viewed the same way as a Married couple who has just recently married and applied for a spousal visa.

You will be speaking with the same consular officers when you attend your interview for the CR-1 visa."

That is interesting. I had never heard that. As you have probably seen on here, most people advise you to marry if a K1 fails and apply for the CR1.

Maybe the matchmaker meant if you are going to file for one or the other soon after meeting and on VJ if the couples marry after a bad K1 experience, they already have a long history together.

But I will keep it in mind!

[yassinerabat1 14]

I got this from an international matchmaker.

"Some applicants mistakenly have the belief that by getting married, that they automatically prove their relationship is bone fide. This is not the case. An UNmarried couple hoping to bring a fiancee to the USA, and promising to marry after arrival in the USA, is viewed the same way as a Married couple who has just recently married and applied for a spousal visa.

You will be speaking with the same consular officers when you attend your interview for the CR-1 visa."

i agreeeeeeeeeeeeeee

[Anh map 2,098]

There have been several VJ members in the Vietnam forum that have done the same thing. As well as others from other countries.

[Dan Nguyen 3]

A child is not a guarantee at HCMC consulate.

[ScottThuy 140]

no... if anything.. it good.. cause you got a kid!!!!

Having a kid doesnt mean ####### at HCMC... -1

[Anh map 2,098]

There have been several VJ members in the Vietnam forum that have done the same thing. As well as others from other countries.

To clarify I was referring to a denied K1 followed by a CR1 question, not the having a child scenario.

[Kathryn41 3,205]

inadvertent duplicate posts removed