Refused???

[Little_Vixen 1,869]

Not Philippino here but I agree with GP and Hank. I personally (as the beneficiary) would be more comfortable going for a CR1. It would have nothing to do with how much you love each other as I think you have proven taht time and time again. Just that the process would seem much more secure. K1 is a difficult process to go through in the Philippines as it is. To me, right now, it feels like this just added another red flag. 

[John & Rose 7,237]

Is the red flag lessened for a CR-1. I would hate to go through another K-1 only to get rejected again and file for a third time as CR-1. Everything was fine but one check box. This is so incredibly stressful. I am beside myself and I am worried that we will never be together in the states. That AJ and Aira will never have the opportunities that are offered here. That I have ruined so many lives because I failed to read and understand simple directions. 

[Little_Vixen 1,869]

Just now, John & Rose said:

Is the red flag lessened for a CR-1. I would hate to go through another K-1 only to get rejected again and file for a third time as CR-1. Everything was fine but one check box. This is so incredibly stressful. I am beside myself and I am worried that we will never be together in the states. That AJ and Aira will never have the opportunities that are offered here. That I have ruined so many lives because I failed to read and understand simple directions. 

Calm down John. You will be together. Whether the CO will see it as a red flag or not can't be divined by us mere mortals. I'm sorry if my post came across as too harsh. I sometimes have trouble reeling in my Dutch bluntness.

You have not ruined anybody's lives. It'll just take a little bit longer than expected. 

Like I said in another thread recently, sometimes God just has something for you to do before your prayers are answered. Perhaps Rose still has someone's life to touch in the Philippines. Perhaps AJ or Aira has to stay to meet the love of their life in stead of coming to the United States. We don't know the grand scheme of things, but I trust that all happens for a reason. 

 

To answer your question. I have seen people with red flags fail K1's and then succeed at CR1. It seems like a CR1 is more forgiving to red flags. 

[John & Rose 7,237]

I appreciate the bluntness. I do realize that I made a terrible mistake but deep in my heart I know it was not to deceive anyone. I went into this ignorant and excited. I didn’t read the directions closely and this is 100% on me. 

 

Once Rose and I get over this initial shock we will have a great heart to heart. I know we will be together. We just got off the roller coaster and we are still a little wheezy.  From both COs saying everything was fine and taking their passports to getting their empty passports delivered to their house. It was devastating. That which does not kill us makes us stronger. We are Hercules now. One strange outcome is that I feel more like a family now. To see the kids real reactions to hearing what they are really saying without just being overly polite around me. It feels more like a family than ever. We will be together someday. We just need to figure out how we want to proceed. 

 

Thank you you for your candor. I appreciate some real opinions on this. This is a tough time for me and I need some slaps in the face to get back into control!  Lol

[Hank_ 9,173]

38 minutes ago, John & Rose said:

Is the red flag lessened for a CR-1. I would hate to go through another K-1 only to get rejected again and file for a third time as CR-1. Everything was fine but one check box. This is so incredibly stressful. I am beside myself and I am worried that we will never be together in the states. That AJ and Aira will never have the opportunities that are offered here. That I have ruined so many lives because I failed to read and understand simple directions. 

Read the I-130 and its instructions sheet ... your answers are there.    Do take note of what questions ARE NOT there.

 

http://www.visaconnection-philippines.com/i-130-petition-process.html

 

 

Also not the the police clearance requirement is 1 year or more, not 6 months (if that's a factor)

Edited April 28, 2018 by Hank_

[payxibka 10,044]

40 minutes ago, John & Rose said:

Is the red flag lessened for a CR-1. I would hate to go through another K-1 only to get rejected again and file for a third time as CR-1. Everything was fine but one check box. This is so incredibly stressful. I am beside myself and I am worried that we will never be together in the states. That AJ and Aira will never have the opportunities that are offered here. That I have ruined so many lives because I failed to read and understand simple directions. 

I-130 is not subject to IMBRA 

[GP1977 288]

19 minutes ago, John & Rose said:

I appreciate the bluntness. I do realize that I made a terrible mistake but deep in my heart I know it was not to deceive anyone. I went into this ignorant and excited. I didn’t read the directions closely and this is 100% on me. 

 

Once Rose and I get over this initial shock we will have a great heart to heart. I know we will be together. We just got off the roller coaster and we are still a little wheezy.  From both COs saying everything was fine and taking their passports to getting their empty passports delivered to their house. It was devastating. That which does not kill us makes us stronger. We are Hercules now. One strange outcome is that I feel more like a family now. To see the kids real reactions to hearing what they are really saying without just being overly polite around me. It feels more like a family than ever. We will be together someday. We just need to figure out how we want to proceed. 

 

Thank you you for your candor. I appreciate some real opinions on this. This is a tough time for me and I need some slaps in the face to get back into control!  Lol

JOhn I wish you the best and I can only imagine the stress you are under.  I know the two of you will work it out.  You made an honest mistake and it could happen to anyone.  

 I honestly think the CR1 has less hurdles.  Someone can correct me if I am wrong, but I believe they dont ask about the criminal record of the petitioner.  They of course do a background check but aren't interested in disclosing to foreign beneficiaries the criminal history of the petitioner as they two individuals  are already married.  Adam walsh crimes would be a huge preclusion but minor misdeamnor charges are not a problem.  In fact, I dont think they even ask for your arrest/criminal conviction history in the CR1.

 

That being said they should have a limit as to how far back you have to disclose. Someone who gets arrested for a minor misdemeanor from 10, 20 or 30 years ago shouldn't have to disclose.   Major felonies, or crimes which resulted in incarceration, maybe.  I get the point of Adam Walsh act and that should always apply, but its gone too far, especially in your case John.

 

 

[GP1977 288]

27 minutes ago, John & Rose said:

I appreciate the bluntness. I do realize that I made a terrible mistake but deep in my heart I know it was not to deceive anyone. I went into this ignorant and excited. I didn’t read the directions closely and this is 100% on me. 

 

Once Rose and I get over this initial shock we will have a great heart to heart. I know we will be together. We just got off the roller coaster and we are still a little wheezy.  From both COs saying everything was fine and taking their passports to getting their empty passports delivered to their house. It was devastating. That which does not kill us makes us stronger. We are Hercules now. One strange outcome is that I feel more like a family now. To see the kids real reactions to hearing what they are really saying without just being overly polite around me. It feels more like a family than ever. We will be together someday. We just need to figure out how we want to proceed. 

 

Thank you you for your candor. I appreciate some real opinions on this. This is a tough time for me and I need some slaps in the face to get back into control!  Lol

Also, USCIS should have caught the error before you received NOA2.  The background hit had to come back somewhere and my guess is it was between NO1 AND NOa2.  I am not aware of a situation where they do a background check on petitioner at the embassy stage.  It had to have been between NOA1 and NOA2.   My guess is someone did a final review they saw the background check in your file with the hit and the adjudicator didn't issue an RFE for this.    The $15/hr high school educated  adjudicator government employee should have issued the RFE before NOA2 .

 

[Alabamak1 688]

@John & Rose the court records in my case where also expunged and shredded like yours,  but there was a printout from the court stating that. I had to get those same records from the court, where i lived at at the time. I got a certified copy from the court clerck. The only difference i had the original copy of the citation and receipts of paid court fees and all. A little faded, but still was the original. As far as the court in Washington state, they made a certified copy of the case being dismissed and later expunged. Hope you can this issue resolved on your second round. 

[John & Rose 7,237]

4 minutes ago, Alabamak1 said:

@John & Rose the court records in my case where also expunged and shredded like yours,  but there was a printout from the court stating that. I had to get those same records from the court, where i lived at at the time. I got a certified copy from the court clerck. The only difference i had the original copy of the citation and receipts of paid court fees and all. A little faded, but still was the original. As far as the court in Washington state, they made a certified copy of the case being dismissed and later expunged. Hope you can this issue resolved on your second round. 

I do have certified copies of the expungement order but not the actual arrest and court files. My lawyer has something in storage but he is out of town until Wednesday.  

[Alabamak1 688]

1 minute ago, John & Rose said:

I do have certified copies of the expungement order but not the actual arrest and court files. My lawyer has something in storage but he is out of town until Wednesday.  

What a shame.... 

[FernandLevi 36]

On 4/26/2018 at 12:46 AM, John & Rose said:

I did contact the Embassy. They said it is denied and that I need to wait for the letter to know why. The CO told us everything was fine and even gave the paperwork about abuse. We did need the NBI AKA for the misspelling. We did that. 

John, you are having an awful time.

[John & Rose 7,237]

2 minutes ago, FernandLevi said:

John, you are having an awful time.

It isn’t great right now but it is all doable. Rose and the kids are amazing. We will get through this. 

[FernandLevi 36]

1 minute ago, John & Rose said:

It isn’t great right now but it is all doable. Rose and the kids are amazing. We will get through this. 

At this rate. We are day 119 on our 'adventure'. Best of wishes! 

[John & Rose 7,237]

4 minutes ago, Alabamak1 said:

What a shame.... 

It is what it is. I brought this on. I will get through it. Rose is at a beach in Batangas right now for her sister’s birthday. That is the main reason I am thinking CR-1. She has a big family and I love all of them. They love me back!  I don’t have much family here. Getting married with her family there would mean a lot to both of us.