CR-1 After K-1 221(g) denial

[dk123 1]

I've been trying to do research on my situation but still haven't gotten a clear answer so I decided to post my question instead. So In June 2012 my Fiance (now my Wife) had an interview in Cambodia for the K-1 visa, was denied and was given the refusal worksheet with the reason for refusal being section 221(g). It was stated by the CO that our case will be sent back to USCIS, afterwards in January of 2013 we decided to get married and file for the CR-1 visa instead of waiting for them to send back the K-1 paperwork. (NOTE even until now I never received any notification that my paperwork was sent back or is under review or has expired) It took a year and a half and we finally got a CR-1 interview schedule for the end of July but after doing some research and reading a lot of post on this forum and a few others, here are some items that are not clear to me. If I'm understanding what I'm reading, it's saying that there is a high possibility that my wife's visa will be denied even if they believe us due to the following reason, my K-1 case was denied with a 221(g) and I was suppose to do a rebuttal to remove any flags that this denial would have left on our records but since I didn't most likely when this new interview happen they will see this and deny our request. So can anyone answer the following?

1. Is it true that when our K-1 case was denied with a 221(g) I am required to follow up or risk being red flagged?

2. What if I never received any NOIR or is that refusal worksheet that my Wife received It?

3. How do I check my the status of the K-1? I just used the USCIS site and it just listed as POST Decision wait to be contacted.

4. I have only a few weeks left before our interview what I can do before then to make sure they don't just outright deny our petition due to the K-1 denial?

My wife cries almost every night because she keeps thinking, "what if we're never going to be together?". This whole ordeal has been emotionally and physically draining on the both of us and I'm desperate for any kind of help.

[Ebunoluwa 6,136]

I've been trying to do research on my situation but still haven't gotten a clear answer so I decided to post my question instead. So In June 2012 my Fiance (now my Wife) had an interview in Cambodia for the K-1 visa, was denied and was given the refusal worksheet with the reason for refusal being section 221(g). It was stated by the CO that our case will be sent back to USCIS, afterwards in January of 2013 we decided to get married and file for the CR-1 visa instead of waiting for them to send back the K-1 paperwork. (NOTE even until now I never received any notification that my paperwork was sent back or is under review or has expired) It took a year and a half and we finally got a CR-1 interview schedule for the end of July but after doing some research and reading a lot of post on this forum and a few others, here are some items that are not clear to me. If I'm understanding what I'm reading, it's saying that there is a high possibility that my wife's visa will be denied even if they believe us due to the following reason, my K-1 case was denied with a 221(g) and I was suppose to do a rebuttal to remove any flags that this denial would have left on our records but since I didn't most likely when this new interview happen they will see this and deny our request. So can anyone answer the following?

1. Is it true that when our K-1 case was denied with a 221(g) I am required to follow up or risk being red flagged?

2. What if I never received any NOIR or is that refusal worksheet that my Wife received It?

3. How do I check my the status of the K-1? I just used the USCIS site and it just listed as POST Decision wait to be contacted.

4. I have only a few weeks left before our interview what I can do before then to make sure they don't just outright deny our petition due to the K-1 denial?

My wife cries almost every night because she keeps thinking, "what if we're never going to be together?". This whole ordeal has been emotionally and physically draining on the both of us and I'm desperate for any kind of help.

1. No

2. No, the 221g is a general refusal sheet and not a specific reason. It is not the NOIR.

What was marked or written on the 221g as reason given ?

K1 refusals no longer get a NOIR. Only refused spousal cases get a NOIR.

3. The petitioner usually receives a letter after 180 days stating that you can re file without prejudice.

4. Focus on the reason you were refused and address the issue this time.

Again, the 221g is not a reason but a sheet that is supposed to have a reason on it, like a checked box, or written letters and numbers.

It could say "for immigration benefits only" or "not convinced of genuine relationship" etc as general reasons.

If nothing was written on it then you don't know the reason. Figure out what the CO did not like, address it, overcome

it and you should be approved.

Edited July 6, 2014 by Ebunoluwa

[Ebunoluwa 6,136]

Please fill out your timeline. What service center approved your fiance visa ?

[dk123 1]

1. No

2. No, the 221g is a general refusal sheet and not a specific reason. It is not the NOIR.

What was marked or written on the 221g as reason given ?

K1 refusals no longer get a NOIR. Only refused spousal cases get a NOIR.

3. The petitioner usually receives a letter after 180 days stating that you can re file without prejudice.

4. Focus on the reason you were refused and address the issue this time.

Again, the 221g is not a reason but a sheet that is supposed to have a reason on it, like a checked box, or written letters and numbers.

It could say "for immigration benefits only" or "not convinced of genuine relationship" etc as general reasons.

If nothing was written on it then you don't know the reason. Figure out what the CO did not like, address it, overcome

it and you should be approved.

So this is what is written in that checked area

Section 221(g) which prohibits the issuance of a visa to anyone whose application does not comply with the provisions of the immigration and Nationality Act or regulations issued Pursaunt thereto. The following remarks apply in your case:

Your case is being returned to USCIS for possible revocation or reaffirmation, base on the information obtained during your interview process that has caused the interviewing officer to believe that your relationship with the Petitioner is not credible, entered into solely in order to provide you with an immigration benefit to which you are not entitled.

All I want to confirm at this moment is that, does this mean this was a normal denial and I don't have to file something like the I601 or something like that? As far as receiving a letter saying I can refile, I never received anything from them after the first interview. does this mean anything?

[Ebunoluwa 6,136]

So this is what is written in that checked area

Section 221(g) which prohibits the issuance of a visa to anyone whose application does not comply with the provisions of the immigration and Nationality Act or regulations issued Pursaunt thereto. The following remarks apply in your case:

Your case is being returned to USCIS for possible revocation or reaffirmation, base on the information obtained during your interview process that has caused the interviewing officer to believe that your relationship with the Petitioner is not credible, entered into solely in order to provide you with an immigration benefit to which you are not entitled.

All I want to confirm at this moment is that, does this mean this was a normal denial and I don't have to file something like the I601 or something like that? As far as receiving a letter saying I can refile, I never received anything from them after the first interview. does this mean anything?

Had it been a misrepresentation it would have been marked or written on there, a material misrep is a life time ban for which you

would have needed to file a waiver. This is NOT the case.

So, again, no no waiver.

It seems like a normal blanket refusal to me.

Some don't receive a letter, I received one from CSC, what service center did you go through ?

Know and address your red flags.

[dwheels76 5,463]

So this is what is written in that checked area

Section 221(g) which prohibits the issuance of a visa to anyone whose application does not comply with the provisions of the immigration and Nationality Act or regulations issued Pursaunt thereto. The following remarks apply in your case:

Your case is being returned to USCIS for possible revocation or reaffirmation, base on the information obtained during your interview process that has caused the interviewing officer to believe that your relationship with the Petitioner is not credible, entered into solely in order to provide you with an immigration benefit to which you are not entitled.

All I want to confirm at this moment is that, does this mean this was a normal denial and I don't have to file something like the I601 or something like that? As far as receiving a letter saying I can refile, I never received anything from them after the first interview. does this mean anything?

When you filed the I-130 petition did you formally withdraw your I-129F petition? I know for some they got put in AP and other delays because they still had a I-129F on the books. That would be the only thing aside from the issues that they saw to deny. Long as you address them and have evidence you should be fine.

This is that rock and a hard place where you were denied and don't know the specifics and you are hoping that marrying erases those issues.

I know for Cambodia K1 is a not easy Visa to get. All the best.

[dk123 1]

When you filed the I-130 petition did you formally withdraw your I-129F petition? I know for some they got put in AP and other delays because they still had a I-129F on the books. That would be the only thing aside from the issues that they saw to deny. Long as you address them and have evidence you should be fine.

This is that rock and a hard place where you were denied and don't know the specifics and you are hoping that marrying erases those issues.

I know for Cambodia K1 is a not easy Visa to get. All the best.

Unfortunately I didn't know what needed to be done because I never received any notification from them about my I-129F. All I know was what was written on the refusal worksheet. At the bottom there was a note that basically said if we failed to take action our application will be cancelled so once we decided to start the CR-1 process I thought it was fine to not take action on the I-129F. So for instance if the I-129F was still on the books how would that effect us now? Will be be automatically denied during this next interview?

The service Center that process are petition is the Vermont Center.

[Ebunoluwa 6,136]

Unfortunately I didn't know what needed to be done because I never received any notification from them about my I-129F. All I know was what was written on the refusal worksheet. At the bottom there was a note that basically said if we failed to take action our application will be cancelled so once we decided to start the CR-1 process I thought it was fine to not take action on the I-129F. So for instance if the I-129F was still on the books how would that effect us now? Will be be automatically denied during this next interview?

The service Center that process are petition is the Vermont Center.

If your previous petition had been for someone else you could remotely have an issue with it not being closed out but

your first K1 was for your now wife so no, you will not be automatically denied because you have petitioned her before.

This was 2 years ago and the k1 is dead even though you received no letter to confirm that.

Relax. Again, focus on the here and now.

[Ebunoluwa 6,136]

One case scenario could be this :

Vermont has reaffirmed returned petitions once in a while up to 2012 and they could have send you a NOIR (unlikely) that you did not

receive (lost mail, wrong address) and by you not responding it can get complicated. That is a far reach though.

For the most part they just reaffirmed without a NOIR for K1's and returned the petition back to the embassy.

[dk123 1]

ok so I found out I have another issue. Seems my lawyer put a different name for my deceased father on the I-130 form that what's on our marriage certificate. I know it seems strange but I never knew my father's name and so when filling out my I-129F I put what I was told was his official name. But when filling out our marriage certificate my relatives hold me his "Everyday" name ( the name everyone calls him) and that was what was used in the certificate because I had forgotten that I had entered a different name on the K-1. Now when my lawyer was filling out the I-130 he copied my info from the I-129F instead of using the info on the marriage certificate. So I'm wondering if they will even let us explain the mistake. Any one got any input on this?

[Ebunoluwa 6,136]

ok so I found out I have another issue. Seems my lawyer put a different name for my deceased father on the I-130 form that what's on our marriage certificate. I know it seems strange but I never knew my father's name and so when filling out my I-129F I put what I was told was his official name. But when filling out our marriage certificate my relatives hold me his "Everyday" name ( the name everyone calls him) and that was what was used in the certificate because I had forgotten that I had entered a different name on the K-1. Now when my lawyer was filling out the I-130 he copied my info from the I-129F instead of using the info on the marriage certificate. So I'm wondering if they will even let us explain the mistake. Any one got any input on this?

Always use the official name !

You can have your lawyer send an explanation when your case will be at NVC and then you can explain it at the interview.

If you get an RFE you will have a chance to submit clarification to USCIS.

[dk123 1]

Always use the official name !

You can have your lawyer send an explanation when your case will be at NVC and then you can explain it at the interview.

If you get an RFE you will have a chance to submit clarification to USCIS.

Thanks I'm going to contact him tomorrow but it's easier said than done. I regret getting this lawyer sooo much, I didn't realize my mistake of hiring him until half way through the process. This guy didn't want to do anything more than the minimum required for this petition. Heck I blame him for not knowing or not telling me about withdrawing my I-129F in the first place. Plus he had the nerve to yell at me for asking too many questions and hung up the phone on me. I wanted to do something about him soo bad but was afraid that doing so would prolong my case further so I just took it and hoped that I'd never have to talk with him again. Unfortunately Now I need to ask him to actually do some additional work and I'm expecting him to give me some BS about the CO won't need him to write a letter etc... Do I need him to write the letter or can I write one myself?

[Ebunoluwa 6,136]

Thanks I'm going to contact him tomorrow but it's easier said than done. I regret getting this lawyer sooo much, I didn't realize my mistake of hiring him until half way through the process. This guy didn't want to do anything more than the minimum required for this petition. Heck I blame him for not knowing or not telling me about withdrawing my I-129F in the first place. Plus he had the nerve to yell at me for asking too many questions and hung up the phone on me. I wanted to do something about him soo bad but was afraid that doing so would prolong my case further so I just took it and hoped that I'd never have to talk with him again. Unfortunately Now I need to ask him to actually do some additional work and I'm expecting him to give me some BS about the CO won't need him to write a letter etc... Do I need him to write the letter or can I write one myself?

If you feel your lawyer is incompetent then fire him and do it yourself with guidance of many excellent threads here.

NVC can be a bit complicated for some to navigate through so it is your decision.

You should always make sure your lawyer does the right thing and not just automatically trust him.

I would not have a lawyer who hangs up on me.

Here is a NVC filers thread, you can read up on what's to come. I don't know where you are currently at in your process.

http://www.visajourney.com/forums/topic/478133-nvc-filers-february-2014/