My cr-1 was denied in 2011, is it possible for me to get a k-1 with the same person

[Edward Wife 0]

In sep of 2011 my cr-1 was denied without stating a reason. my husband and i didnt receive any notification as to why it was denied .. my passport wasnotr stamp or anything. During this period it caused my husband and i to seperate and he filed a divorce. Now we wants to be with reach other. i am still married in my country but he s divorce. is it possible for us to get a k-1? pLEASE HELP

[belinda63 3,039]

Your post is confusing. You are saying you are still legally married? Or did the first spouse get a divorce from you? Or is it the new boyfriend who is divorced? If you are married to someone else no visa for you with a "new" spouse as you can't be legally married to two men at the same time.

[Edward Wife 0]

WELL MY SPOUSE GOT DIVORCED IN HIS COUNTRY. I DIDNT GET ANY DIVORCE. NOW HE WANA BE BACK WITH ME

I am legally married to one person who happen to get a divorce in his country after counselor office fail to honour our marriage..

[Harpa Timsah 13,258]

Divorces are international, so if he got divorced in Jamaica, then you are divorced from eachother.

[David & Diana R 1,005]

In sep of 2011 my cr-1 was denied without stating a reason. my husband and i didnt receive any notification as to why it was denied .. my passport wasnotr stamp or anything. During this period it caused my husband and i to seperate and he filed a divorce. Now we wants to be with reach other. i am still married in my country but he s divorce. is it possible for us to get a k-1? pLEASE HELP

So the two of you are still married in your country? If that's the case the answer is NO. He cannot get a fiance VISA for you. You are married. He must apply for a CR-1 instead. If you are married you cannot get a K-1 visa.

[belinda63 3,039]

If he has a divorce then you are divorced from him also. So you are not currently married. He will need to provide the divorce papers with the application for the K-1.

What does "after counselor office fail to honour our marriage" mean?

You will really need to address why the original CR-1 was denied. If you don't know why have your spouse (I assume this is the US citizen) file a Freedom of Information Act request to find out why it was denied. That issue(s) could be addressed in the new filing. Filing again after a denial, especially since you divorced, will raise a bunch of red flags and you need to be prepared to address them.

[kzielu 1,149]

If you're married, forget about K-1.

[Edward Wife 0]

he got divorced overseas..In america. we were marry in jamaica.

But what if we state we were married but is now divorced since he has the divorce papers...

[belinda63 3,039]

So you are both divorced. He can file the petition anytime he wants provided the two of you have met face-to-face in the past two years. Approval will be slim to none unless you address the issue(s) as to why the CR-1 was denied. They do have that information on file and it will be consulted in reference to any new petition.

Edited August 4, 2014 by belinda63

[Edward Wife 0]

Yes he has the divorce papers.. I have never tried to access any visa after or prior to that time...

[Edward Wife 0]

How do we address the cr-1 issue?

[Harpa Timsah 13,258]

How do we address the cr-1 issue?

You should hire a lawyer.

[Edward Wife 0]

anybody knw any lawyers?

[Edward Wife 0]

He was told by the uscis the the file is destroyed..

[Jawaree 718]

If I am understanding, your ex-Jamaican husband divorced U after

being turned down on prior petition (was that because they think

the marriage was not bonafide?).

You are currently married to another, but U both want to get back...right?

You have to get a divorce from current husband before getting engaged

another red flag would be raised, U also need to ask ex what the consulate

said about being denied, so it can be addressed in the future, as the same

issue will arise in new petition.

Jamaican divorces are International, Jamaica is a part of N America so the

Divorce decree Absolut is very valid in the USA If he divorced U in Jamaica

U R no longer married to him, This Divorce decree, and divorce to this current

husband would have to be presented along with new marriage cert, but 1st U

have to get a divorce, before pursuing K1

No U cannot file K1 until all this is sorted out & the timeline between both makes

sense to USCIS. Have him send U a copy of the decree cost is JMD$55.00, also

have proper and true evidence of on going relationship...I say consult with an atty at least

File destroyed ! INS/USCIS have every single thing they ask U for already, neither

would they destroyed files, matter a fact no agency in the US Gov destroy files, He

should be able to tell U Y he as denied

Edited August 4, 2014 by Jawaree