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adjoa1968

unable to issue visa ,asked to refile as IR1/K3

By adjoa1968 in IR-1 / CR-1 Spouse Visa Process & Procedures

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adjoa1968 Newbie

adjoa1968   0

Posted
Filed: K-1 Visa Country: Ghana
 Timeline
Posted

Filed for my Fiance,got uscis approval.Embassy in ghana tells me to refile as a k3 visa instead of k1. Knocking rites performed in ghana,not a proper marriage ceremony neither have we registered said traditional ceremony at the courts for it to be recognized as a legal marriage in Ghana. Any help?

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Ryan H Grand Master

Ryan H   3,791

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

***Moved from Progress Reports to Process & Procedures.***

**Moderator hat off**

This is an instance where you are "too married" to be eligible for a fiance(e) visa but not legally married to be eligible for a spousal visa at this juncture.

The Embassy will send the file back to USCIS via the NVC with finding that the beneficiary is not eligible for a K1 on the basis of being married. Once USCIS receives the file back, one of the following scenarios will occur with a degree of probability in parenthesis:

  • They will agree with the Embassy finding and revoke the petition approval; they will then subsequently tell you to start over at square 1 with the CR-1 process. (somewhat likely)
  • They will disagree with the Embassy finding, reaffirm their original approval, and send the case back to the Embassy for another interview. (highly unlikely)
  • They will simply let the validity of the petition expire and tell you that you are free to start over. (most likely)

IMO, because you are unlikely to overcome the basis on which the K1 was refused, you will need to get legally married and start the spousal visa process.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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dwheels76 Grand Master

dwheels76   5,463

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

Filed for my Fiance,got uscis approval.Embassy in ghana tells me to refile as a k3 visa instead of k1. Knocking rites performed in ghana,not a proper marriage ceremony neither have we registered said traditional ceremony at the courts for it to be recognized as a legal marriage in Ghana. Any help?

Time is of the essence so get married and file the I-130 and wait. It's taking about a year from filing to interview. Sorry to hear of your denial.

Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.

Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

 

Come join the current Interview thread: 

DQ-to-Interview-2023-all-countries

Case Complete to Interview Spreadsheet
Case Complete to Interview Form

 

 

 

ROC I-751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
2/27/2020: Combo Interview (ROC and Citizenship)
3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
4/8/2020: Approved
4/10/2020: Card mailed
4/15/2020: 10 year green card received
 
 
N-400
5/21/2019: Filed Online
5/21/2019: NOA1 Date
6/13/2019: Biometrics Appt
2/27/2020: Citizenship Interview
4/7/2020: In queue for Oath Ceremony to be scheduled
6/19/2020: Notice Oath Ceremony scheduled
7/8/2020: Oath Ceremony (Houston)

 

 

 

 

 

 

 

 

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