Marriage after K! Denial

[ghanahope 0]

So our K1 application was refused, I had my senator contact the Accra embassy and was told it was on suspicion that we were already married, so if we're not, we should and submit the evidence in a new application, i suppose.

 

Right after our marriage, we received notice from USCIC that our case has been received for a review and we would be informed of outcome.

 

My question is; do we proceed with the new application for CR-1 or wait for the outcome of the K1 review.  If the K1 is re-affirmed, won't it be illegal to proceed with it, since we're not legally married. 

 

[Roel 7,193]

So are you married or are you not?  If you had any kind of marriage ceremony, even informal one, the embassy will see this as you being too married for k1. Imo you should start your cr1. 

 

7 minutes ago, ghanahope said:

 

 

Right after our marriage, 

 

7 minutes ago, ghanahope said:

 

 since we're not legally married. 

 

 

[ghanahope 0]

At the time of filling for K1, we were not married, there was no ceremony whatsoever.  We got married following the reason and advise as obtained by my senator's office. 

[Ben&Zian 4,398]

Like above... If they will review it; which honestly probably will just be left to expire... if you're not married you can refile or proceed with same petition...

 

If you got married, then no you can not continue on with the K-1 process since you are legally married, you need ot do a CR-1.

 

That was the only reason given for the original K-1 denial? They thought you were married already? (guessing maybe through photos of some party/ceremony?)

 

Editing: since you posted above first, then no you need to withdraw the I-129f petition and file for CR-1 since you are legally married now.

Edited June 26, 2017 by Ben&Zian

[ghanahope 0]

ok, so officially withdraw the K1 to halt the review and then commence application for CR-1 ? 

[JenIK 0]

22 minutes ago, ghanahope said:

So our K1 application was refused, I had my senator contact the Accra embassy and was told it was on suspicion that we were already married, so if we're not, we should and submit the evidence in a new application, i suppose.

 

Right after our marriage, we received notice from USCIC that our case has been received for a review and we would be informed of outcome.

 

My question is; do we proceed with the new application for CR-1 or wait for the outcome of the K1 review.  If the K1 is re-affirmed, won't it be illegal to proceed with it, since we're not legally married. 

 

Why you have K1 did you apply for this before you were married? K1 is unnecessary. I think, that's why it's refused. But I'm not the person that know everything about this. I remember, I received K3, we were married before I received that I applied for CR1. The K3 letter came first, so I thought I need to comply to this. I paid the amount together with other requirements. To my surprised, I received another letter for CR1. I needed to pay for it too (petition). And I found out that I should've had paid the K3. I don't know why they do this to us. They know it's unnecessary but they will do it anyway. I think, just for the sake of money.

[Ben&Zian 4,398]

8 minutes ago, ghanahope said:

ok, so officially withdraw the K1 to halt the review and then commence application for CR-1 ? 

 

Yes, since you are now legally married, withdraw the I-129f petition and proceed with CR-1.

[ghanahope 0]

Please read initial post; we applied for K1 as fiance/fiancee.  Marriage was after refusal and following advice from senator's inquiry.

[geowrian 22,339]

23 minutes ago, JenIK said:

Why you have K1 did you apply for this before you were married? K1 is unnecessary. I think, that's why it's refused. But I'm not the person that know everything about this. I remember, I received K3, we were married before I received that I applied for CR1. The K3 letter came first, so I thought I need to comply to this. I paid the amount together with other requirements. To my surprised, I received another letter for CR1. I needed to pay for it too (petition). And I found out that I should've had paid the K3. I don't know why they do this to us. They know it's unnecessary but they will do it anyway. I think, just for the sake of money.

OP's K-1 was denied so they subsequently married and will now pursue a CR-1.

K-3 is obsolete. The I-129F will be almost certainly be closed and the I-130 will remain open so you can proceed with a CR-1 visa. That said, you shouldn't have had to pay for both...you're supposed to attach the I-130's NOA1 to the I-129F so that they 1) know not to request additional payment, and 2) know what I-130 petition to match it up to.

[ghanahope 0]

Right, so I am officially discontinuing the K1 to halt the said review.  Will the file a CR-1, upon receipt of NOA, file for K3 (I-129F) referencing initial I-130, so I don't have to pay for the K3. 

[geowrian 22,339]

6 minutes ago, ghanahope said:

Right, so I am officially discontinuing the K1 to halt the said review.  Will the file a CR-1, upon receipt of NOA, file for K3 (I-129F) referencing initial I-130, so I don't have to pay for the K3. 

1. Withdraw the I-129F
2. File an I-130 and proceed on the CR-1 visa path

You don't need another I-129F since K-3 is obsolete.

[JenIK 0]

10 minutes ago, ghanahope said:

Right, so I am officially discontinuing the K1 to halt the said review.  Will the file a CR-1, upon receipt of NOA, file for K3 (I-129F) referencing initial I-130, so I don't have to pay for the K3. 

pursue a CR-1

[JenIK 0]

1 hour ago, JenIK said:

Why you have K1 did you apply for this before you were married? K1 is unnecessary. I think, that's why it's refused. But I'm not the person that know everything about this. I remember, I received K3, we were married before I received that I applied for CR1. The K3 letter came first, so I thought I need to comply to this. I paid the amount together with other requirements. To my surprised, I received another letter for CR1. I needed to pay for it too (petition). And I found out that I should've had paid the K3. I don't know why they do this to us. They know it's unnecessary but they will do it anyway. I think, just for the sake of money.

ACTUALLY, this happened to my friend too. They sent her K3 letter for interview and requirements. To her excitement because 18 months waiting for it she paid for it. And then the CR1 letter came. Ugh! Why they do what they do. Tsk. Tsk. Tsk. It's like a modus. And they don't refund it. 

[ghanahope 0]

45 minutes ago, geowrian said:

1. Withdraw the I-129F
2. File an I-130 and proceed on the CR-1 visa path

You don't need another I-129F since K-3 is obsolete.

from their official website, I still see instructions on K-3.  May I know where to find information supporting your claim that K-3 is obsolete?  I think that since the K-3 process is relatively faster, free, doesn't impact on outcome of CR-1, what's there to lose by filing one?

[Rc123rc 528]

Sorry, but the K-1 is no longer valid even if not married at the time of filing and review. Withdraw the K-1 and file a CR-1. You're married.