K1 Denied :(

[HighlandFling 0]

I realise this is my first post, but I have been an avid reader for a few months. I had my K1 visa interview this morning and it was denied. My fiancée and I are distraught at this, but we are being strong.

The reasons for the denial were several convictions in the space of 6 months, ten years ago, with no convictions prior or since then.

Apparently they were considered as CMTs, sadly. But not drug-related.

The CO did say that there was no waiver available to us in this instance, but should we get married and apply for a CR-1 then the waiver option would then become available.

So, for us it looks like another year of waiting and more and more paperwork.

I can also confirm that, yes, you are now allowed to bring cellphones into the embassy in London.

Does anyone have any options that we may not have considered? As long as we can be together quicker!

[alexbehemot26 0]

Really sorry to hear that:(

The only option is to follow the CO'S instructions and get married, then file for CR 1 . Keep us updated and good luck xxx

[Merrytooth 5,748]

Are you denied K1 visa under this?

The 9 FAM 40.21(a) N7.1 Provisions of INA 212(a)(2)(A)(ii)
(CT:VISA-1318; 09-24-2009)
As amended, a conviction or admission of the commission of a crime of moral turpitude will not serve as the basis of ineligibility under INA 212(a)(2)(A)(i), if the following conditions have been met:
(1) The applicant has been convicted of or has admitted to the commission of only one crime;
(2) The maximum penalty possible for the crime of which the alien was convicted or for which the alien legally admitted to did not exceed imprisonment for one year and, if the alien was convicted and the alien was not sentenced to a term of imprisonment in excess of six months; or
(3) The crime was committed when the alien was under 18 years of age and the crime was committed (and the alien was released from confinement if applicable) more than 5 years before the date of the visa application.

[HighlandFling 0]

If we get married, could they still deny the CR1 application for the same reason?

@merrytooth: That was the legislation quoted on the paperwork I was given, yes.

[Merrytooth 5,748]

You could get married and file the spousal visa CR1. And then you have to file a waiver I-601 based on extreme hardship on the US citizen petitioner during the interview. You might want to get a lawyer to help you draft the waiver letter.

Some examples:

http://www.visajourney.com/forums/topic/55010-what-are-my-chances/

http://www.visajourney.com/forums/topic/86334-waiver-denied-montreal-and-a-big-#######/page-2

http://www.visajourney.com/forums/topic/451560-moral-turpitude-and-esta-problems/

[Merrytooth 5,748]

The CO advised you to get married and file CR-1 because Extreme hardship waiver is easier to show for a family member ( spouse) than a not quite family member (fiance/fiancee).

[Removed030114 48]

Your timeline shows you had at least two RFEs. Were these RFEs related to the beneficiary's convictions in their home country? Can you be a little more specific (as to your own comfort level) as it can be very helpful to those who may have similar issues. For example, what was requested and what was provided? It's a little confusing because if the beneficiary had a conviction that falls in the exclusion category it should have been caught during the background check NVC stage and rejected there. Your RFEs and your reply may explain what happened. Did these convictions appear in the police report you submitted? Did you disclose these convictions?

Edited February 10, 2014 by CNTrav

[HighlandFling 0]

@CNTrav - the only RFE that we received for our petition was because the petitioners birth certificate had a slight fold and was deemed illegible and the NVC requested a better copy of it.

Once I get back home, I will be looking into the CR-1 in more detail (and I'll be able to reply properly too). Just on average, does anyone know how long it takes to file for a CR-1?

[Removed030114 48]

@CNTrav - the only RFE that we received for our petition was because the petitioners birth certificate had a slight fold and was deemed illegible and the NVC requested a better copy of it.

Once I get back home, I will be looking into the CR-1 in more detail (and I'll be able to reply properly too). Just on average, does anyone know how long it takes to file for a CR-1?

Okay, thanks. But can you explain whether these convictions appeared on the beneficiary's police report? If you failed to disclose a known conviction that did not appear in the police report, then you could have deeper issues. I suggest you talk to an attorney.

[HighlandFling 0]

Sorry, yes all convictions were disclosed and they were in the police report. Although the offer of a waiver is not applicable, for what reason I am unsure.

[Removed030114 48]

Sorry, yes all convictions were disclosed and they were in the police report. Although the offer of a waiver is not applicable, for what reason I am unsure.

You need a lawyer.

[NY_BX 397]

You need a lawyer.

Seems a lawyer is needed even if after marriage.

[Pinkrlion 2,724]

Before getting married, I would seek legal counsel.

[Ketsuban 1,034]

@CNTrav - the only RFE that we received for our petition was because the petitioners birth certificate had a slight fold and was deemed illegible and the NVC requested a better copy of it.

Once I get back home, I will be looking into the CR-1 in more detail (and I'll be able to reply properly too). Just on average, does anyone know how long it takes to file for a CR-1?

At the moment, CR-1s are backlogged and some people are waiting just under a year for the NOA2.

I'm not too knowledgeable on the waiver process, but I believe you will need to go through the entire CR-1 process, get denied due to the crimes, and then apply for the waiver based on extreme hardship.

Please do hire a lawyer who specialises in this type of waiver. They will go through everything with you and give you the best possible chance of starting a new life in the US.

[Hypnos 6,576]

It will also depend upon the exact nature of the convictions.