Refiling for k1 visa denied by uscis

[analyncortez32 3]

22 minutes ago, Alabamak1 said:

with current timelines for k-1, i'd follow other Vj's suggestions and file CR-1. A well prepared file for spousal visa has also good chances and saves time and money. Nobody can guarantee anything, since the embassy is the one issuing the Visa.

Spousal visa takes more time to file for it. It stays in NVC for 2 months

[John & Rose 7,237]

2 minutes ago, analyncortez32 said:

😭😭😭😭

Don't feel bad.  If this was enough to make him rethink your relationship what happens when something really important happens.  If this is enough for him to quit he might not have given you the life you deserve.

[Alabamak1 688]

1 minute ago, analyncortez32 said:

Spousal visa takes more time to file for it. It stays in NVC for 2 months

k-1 is not all you think about it. There is not just the wait time to get it approved, but then the wait to get married and everything prepared for AOS, EAD and AP.

 

That's another wait and no work/travel permit for few months. We still don't have EAD and total since we first filed for I-129F....we would have had GC by now with CR-1. For us, we had other reasons not to do spousal visa. 

[John & Rose 7,237]

8 minutes ago, analyncortez32 said:

Spousal visa takes more time to file for it. It stays in NVC for 2 months

But it gets you a green card a year earlier and you can travel and work right away.  The K-1 can be 2 months between NOA2 and interview.  Then AP can take weeks to months.  Don't focus on the wrong thing.  Consider a year, give or take a month, to POE for either visa.  Seriously, consider that you can be at POE in a year as his wife or as his fiancee.  If that is too long for him to wait than there are not many options.

Edited October 24, 2018 by John & Rose

[geowrian 22,335]

I'd actually disagree with the "get to know each other" advantage of a K-1. If you aren't 100% sure on wanting to marry and stay together, a K-1 should not be pursued yet.

Edited October 24, 2018 by geowrian

[Unlockable 7,306]

8 minutes ago, geowrian said:

I'd actually disagree with the "get to know each other" advantage of a K-1. If you aren't 100% sure on wanting to marry and stay together, a K-1 should not be pursued yet.

I was just about to comment the same sentiment. Although, I know many people use the K1 that way. The K1 is for people who are sure they want to marry.  I mean.... it is a heck of a process to go through with the thousands of dollars in total costs, extensive background checks, financial requirements, and stressful interviews for .... "let's see how things are". I'd rather be darn sure.

[<3T&M<3 217]

16 minutes ago, geowrian said:

I'd actually disagree with the "get to know each other" advantage of a K-1. If you aren't 100% sure on wanting to marry and stay together, a K-1 should not be pursued yet.

Of course, I think most of us disagree with this. However, life is life is life.... and it happens. The K-1 does NOT demand a certain amount of face time, which in all actuality I think it should. It is my honest and heart-felt belief that you do not know if a relationship will work well just by video chatting and texting very day. There is no way.... I speak from experience as should everyone here. That 90 days is actually a blessing for those who have not spent much time together. Really, a couple months living together can change things DRASTICALLY.

 

You can have the best intentions and feel in love and close and ... on and on.... but until you live with the person for even 2 or 3 months you really do not know. Of course the same could be said for one year together, five years together, ten years!

[JFH 12,189]

45 minutes ago, Shiran said:

I see the suggestion to file for CR1 quite often, there is usual (and correct!) argument about Green card advantage, cheaper in long term, being able to work etc. But! That only applies if there is actual happy ever after. Regardless how much we want it, things don't always go perfectly, K-1 has "intent to marry" but also allows for brief "let's see how things are when we are actually living together" period, which some people (especially those who could not travel frequently) might lack and might benefit from. Especially in the cases like that, where it seemed person didn't initially even want to refile.

Which is why I always call the K-1 "a ridiculously over-priced tourist visa". And, it appears, there are some who treat is as such. 

 

Personally I wouldn't quit my job, sell my house, move thousands of miles for someone I wasn't sure about. I wouldn't even have done that for someone in the next county in the UK, much less overseas. Maybe some people feel they have nothing to lose? I had a lot at stake. I had to be 100% sure. 

Edited October 24, 2018 by JFH

[Alabamak1 688]

8 minutes ago, geowrian said:

I'd actually disagree with the "get to know each other" advantage of a K-1. If you aren't 100% sure on wanting to marry and stay together, a K-1 should not be pursued yet.

agreed, if you are going to get married.....90 days is not enough to get to know each other

[JFH 12,189]

40 minutes ago, Alabamak1 said:

agreed, if you are going to get married.....90 days is not enough to get to know each other

In other words, if you’re not sure then 90 days is not going to change that. 

[Shiran 1,134]

1 hour ago, JFH said:

Which is why I always call the K-1 "a ridiculously over-priced tourist visa". And, it appears, there are some who treat is as such. 

 

Personally I wouldn't quit my job, sell my house, move thousands of miles for someone I wasn't sure about. I wouldn't even have done that for someone in the next county in the UK, much less overseas. Maybe some people feel they have nothing to lose? I had a lot at stake. I had to be 100% sure. 

Problem is, getting an actual tourist visa can be very problematic for single people specifically, not to mention, if you getting tourist visa with a goal spending time with specific person, someone you have connection to and disclose it as you legally should during interview, your chances of will be kissed good bye. So catch 22 situation. 

[Boiler 43,429]

K1 is not a try it and see, CR1 is for the very reasons mentioned a better bet.

[Spotify 75]

3 hours ago, John & Rose said:

The petition was denied by USCIS because they did not meet the requirements for filing.  RV was involved in this one too.  They are good people who were a little too anxious to file.

 

3 hours ago, John & Rose said:

It probably won't be any faster.  They actually only look at each petition for about 15 to 20 minutes.  It takes 6 months to have them even pick up the file.  Your previous denial will not impact the next petition.  It is your choice to choose another K-1 or a CR-1.  Both are generally about the same timeline.  There was one K-1 approved today that only took 5 months.  That was the petitioners 3rd petition.  

 

So if he wants to go to the Philippines to marry you he will be waiting for his wife.  If you file the K-1 he will be waiting for his fiancee.  Honestly, the timeline for a petition is what it is.  Expect 6 to 8 for NOA2 for either type of petition.  After that it is 1 to 2 months for K-1 or 2 to 4 months average for CR-1 to POE.  Don't expect it to be quicker than that.

 

CR-1 times have reduced that much? thought it used to be like 12-14 months

[DaveAndAnastasia 2,078]

3 minutes ago, Spotify said:

CR-1 times have reduced that much? thought it used to be like 12-14 months

No; they're pretty much still in that range.

 

It's more that K-1s have slowed down (though apparently most of the increase in processing time happened during the first half of 2017; it's been pretty stable since then at the new longer time), so it's now around 9 months NOA1 to interview. And it's now 4 to 6 months to EAD after filing for AOS, and actual time to green card varying a lot based on which field office covers your area.

[N-o-l-a 7,167]

9 hours ago, <3T&M<3 said:

Of course, I think most of us disagree with this. However, life is life is life.... and it happens. The K-1 does NOT demand a certain amount of face time, which in all actuality I think it should. It is my honest and heart-felt belief that you do not know if a relationship will work well just by video chatting and texting very day. There is no way.... I speak from experience as should everyone here. That 90 days is actually a blessing for those who have not spent much time together. Really, a couple months living together can change things DRASTICALLY.

 

You can have the best intentions and feel in love and close and ... on and on.... but until you live with the person for even 2 or 3 months you really do not know. Of course the same could be said for one year together, five years together, ten years!

 

 

  Some of the most trying times of our marriage where the first several months and within the first year and a half.  It is so hard getting used to sharing a life with another person, dealing with the stresses of immigration, etc.  If I based my thoughts on trying it out for the first 3 months, I'd probably have returned my husband to the immigration store.  I hate to see people making decisions to not marry on a K1 (unless it is an obvious scam/abuse situation), just because things seem rockier when they are living together.  

 

You are definitely right in that my marriage at 6 years is absolutely nothing like our marriage at 2 months living together.  😂  We know each other too well now, it is unnerving.