K1 visa denied, moving to K3 petition

[nadineus 0]

So sad my k1 visa denied, really broke us into pieces...buh all is well...the CO kept saying she should come to Nigeria and marry me then fill for a spousal visa...

Please what's the duration for a K3 visa...and does the petition has to do medicals as part of the requirements over there...please I need an ASAP here

Any advice is welcome...

Thanks

[Ryan H 3,791]

Moving from Progress Reports to Process & Procedures.

Firstly, you would not be pursuing a K3, you would be pursuing a CR-1.

Secondly, regardless of whether or not you get married, if the US Citizen receives a Notice of Intent to Revoke (NOIR) on the current K1 petition, then the NOIR must be responded to.

As for a time frame, from the time an I-130 is filed to the time an interview takes place, estimate 7-10 months.

[Aurelya 0]

Hi! Sorry to hear that the k1 was denied! Why was it denied?! You didn't get any RFE? Thank you for your answer And good luck for this new application!

[canadian_wife 1,791]

Not all denials come with an RFE, if it is at the consulate level then no RFE is necessary

OP - a spousal visa like the CR-1 (no K3 anymore) will not earase the issues with the denied K-1, why were you denied the K1?

Good luck

[NigeriaorBust 4,087]

Nigeria will deny both K1 and CR1 visas. It is not as simple as getting married refiling and they will hand you a visa when the new petition reaches Lagos. You will have a denial on record. Depending on if it passed though CSC or VSC you may or may not see a NOIR. CSC will expire the petition and VSC does that or sends a NOIR. It needs a proper response not just telling them you are married. IF you get to the next interview and have trouble again ( about 15% do have a issue the second time ) there is no quick fix like getting married. Read the articles here Marc Ellis articles pay attention to the two titled Clash of the Titans. The CO's in Lagos tend to tell people that because they know if you marry you can't come back on the basis of a reaffirmed petition ( which is harder for them to deny than a new CR1 )

[Penguin_ie 5,986]

Before you withdraw the K1 and re-file after marriage, you must find out why the visa was denied and solve that issue. Just getting married will not mean the reason for denial goes away.