Refiling for k1 visa denied by uscis

[John & Rose 7,237]

7 hours ago, Spotify said:

 

 

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

Remember that NVC is longer for CR-1. It is still a year to POE but it is almost a year for K-1 now too. CR-1 is only about a month of 2 longer and in some case quicker. 

[payxibka 10,044]

A k-1 petition can be refilled right now and does not require the petitionner to try to schedule a trip.  Many of us don't have that kind of flexibility to just jump on a plane tomorrow and take the 2 to 3 weeks to facilitate a marriage.  Doing a spouse petition will add time to the process because the petition cannot be submitted today.   It is not quite a simple decision as other posters make it out to be.   You must decide what is most important to you as a couple and follow that path.

[ThomasNC1988 762]

I think there are advantages to cr-1 but to K-1 as well. K-1 is not a trial but it does give time to see whether or not a someone can actually live in America. For a the majority of K-1 filers there is no other way for them to get to the US and they do not really understand what it is like here. It is possible to be 100 percent sure you love someone and want to be with them forever then get 1000s of miles away from everything else you know and love and realize you can not do it. If you have never lived with someone it is impossible to know exactly how you will mesh with their habits and preferences. Personally I have a daughter in America I have to take care of so I could not travel to Thailand to spend months with my fiance, not to mention I have to work as well. We gave it 75 days before we got married, not because we were not sure we wanted to get married but because it is important to make sure you both can adapt to your new life. Love is a powerful thing but real life can be a kick in the face and should not be treated like a fairy tale. I don't think there is a right or wrong answer to which is best. It all comes down to what is important to you for us work and travel right away was not a priority and spending the time together in Thailand before marriage was not practical. My fiance was from a fairly wealthy family with many properties and cars so they simply stayed in the care of her parents if she decided to return her life would have been the same as it was the day before she met me so K-1 was very practical for us. As for the money K-1 cost what 2k vs cr-1 at 1.5 or something I don't think a few hundred dollars should sway a major life decision so greatly.(correct me if I am wrong on the figures). To me the moral of the story is what visa to choose really depends on everyone's individual situation.

 

As a side not of course your "red flags" and embassy makes a big difference as well thanks to the ability to appeal cr-1 decisions. I.E. a 60 hear old woman marrying a 25 year old Moroccan man should probably forego k-1. Whereas a similarly aged couple applying in the UK would not have the same worries. 

[NikLR 13,220]

41 minutes ago, payxibka said:

A k-1 petition can be refilled right now and does not require the petitionner to try to schedule a trip.  Many of us don't have that kind of flexibility to just jump on a plane tomorrow and take the 2 to 3 weeks to facilitate a marriage.  Doing a spouse petition will add time to the process because the petition cannot be submitted today.   It is not quite a simple decision as other posters make it out to be.   You must decide what is most important to you as a couple and follow that path.

No one has said jump on a plane tomorrow.  Plan it out.  That's what adults should do. 

When you factor in living off of a single house income for 6 months, suddenly waiting to marry for the CR1 makes even more financial sense.  At least living in two different countries normally means each person can support themselves.  It can be hard enough for an LPR to find a job, but it seems even harder for those with just an EAD.  

Making adult decisions should come with being mature about how you make them. 

[NikLR 13,220]

In all honesty I see a better percentage of successful marriages on VJ when the immigrant is able to be an independent person.  They are normally used to working and providing for themselves.  Suddenly when they're away from the familiar and unable to keep busy, there are fights and depression and homesickness.  The USC is baffled in this "change" of behavior which isnt a change but a natural reaction to being uprooted from all someone knows and being completely dependent on someone else.  

Even though I was able to work right away I still was homesick and developed depression.  It's taken many years for me to feel at home where I live.  If you've never uprooted yourself and had to start over you likely havent a clue what it feels like. And on top of that, the feeling is individual, so you may be able to relate but never fully understand.  

Cr1 at least gives someone some independence and self worth if they are used to providing for themselves and not being dependent on others. In other cases a k1 is great because someone wants to be a stay at home spouse.  Whatever works for the family dynamic.  Speed of visa and ability to live together sooner shouldnt factor greatly into your decision for what should be the rest of your life. It's part of, of course, but shouldnt be the end all reasoning.  Having to wait to file shouldnt factor into which visa is best.  It's what happens after the visa that matters most. Relatable as in spending more time and money to plan a wedding than thinking about the marriage. 

 

Edited October 24, 2018 by NikLR

[ThomasNC1988 762]

2 minutes ago, NikLR said:

In all honesty I see a better percentage of successful marriages on VJ when the immigrant is able to be an independent person.  They are normally used to working and providing for themselves.  Suddenly when they're away from the familiar and unable to keep busy, there are fights and depression and homesickness.  The USC is baffled in this "change" of behavior which isnt a change but a natural reaction to being uprooted from all someone knows and being completely dependent on someone else.  

Even though I was able to work right away I still was homesick and developed depression.  It's taken many years for me to feel at home where I live.  If you've never uprooted yourself and had to start over you likely havent a clue what it feels like. And on top of that, the feeling is individual, so you may be able to relate but never fully understand.  

 

Excellent point. I think a majority of petitioners never plan for this situation that is more likely to happen than not. Luckily I work with someone you had already been through what you described and she was able to give me all the tips about how she made it through. The advantage of already knowing where the Asian market was can not be stressed enough lol. I think a question we don't see here nearly enough is what should I do to make my fiance from XYZ country feel more at home in my home. Or is there a group of immigrants from XYZ country near me that gets together sometimes. Lots of experience on this site to pull from other than just which forms to fill out.

[payxibka 10,044]

11 minutes ago, NikLR said:

No one has said jump on a plane tomorrow.  Plan it out.  That's what adults should do. 

When you factor in living off of a single house income for 6 months, suddenly waiting to marry for the CR1 makes even more financial sense.  At least living in two different countries normally means each person can support themselves.  It can be hard enough for an LPR to find a job, but it seems even harder for those with just an EAD.  

Making adult decisions should come with being mature about how you make them. 

Your right but previous posters keep saying that k1 and spouse times are similar when they are not when you factor in the amount of time required to get married.  A k1 petition can be refiled today with a 9 month or so process and a spousal is one year PLUS the time, effort and financial requirements to make a trip to the Philippines to get married.  Which many of us don't have the flexibility to do on short notice.  The OP simply needs to understand the pros and cons and make a decision based on there situation and not the two cents opinions of others 

[Orangesapples 1,954]

30 minutes ago, ThomasNC1988 said:

I think there are advantages to cr-1 but to K-1 as well. K-1 is not a trial but it does give time to see whether or not a someone can actually live in America. 

I'm not sure about that. It took me way longer than 90 days to adapt to life here and not being able to work contributed to the difficulty. I'm adjusted now and have no issues except that I still miss home, but the first 6 months were very rough. 

[Boiler 43,446]

So you come on a K for a tril of nearly 3 months, get married and the file.

 

Could be nearly 9 months without a DL or EAD.

 

Not sure how that would help many relationships.

[ThomasNC1988 762]

3 minutes ago, Orangesapples said:

I'm not sure about that. It took me way longer than 90 days to adapt to life here and not being able to work contributed to the difficulty. I'm adjusted now and have no issues except that I still miss home, but the first 6 months were very rough. 

Fully understand, sadly they don't give longer. My wife didn't have a "job" in the traditional sense so it is a little more normal to her to not be going to work everyday. Biggest drawback to us is the drivers license issue. She can not go to the grocery store or anything during the day which she hates, that is definitely something to consider based on which state you will be moving to.

[NikLR 13,220]

34 minutes ago, payxibka said:

Your right but previous posters keep saying that k1 and spouse times are similar when they are not when you factor in the amount of time required to get married.  A k1 petition can be refiled today with a 9 month or so process and a spousal is one year PLUS the time, effort and financial requirements to make a trip to the Philippines to get married.  Which many of us don't have the flexibility to do on short notice.  The OP simply needs to understand the pros and cons and make a decision based on there situation and not the two cents opinions of others 

Agreed. Everything should be taken into consideration.  Immigration is a big deal. Its unfortunate, but love doesnt conquer all.  There are a lot of things people should think about when making the decision to move elsewhere to be with a loved one.  I've made sacrifices that others wouldn't consider doing.  My mental health has suffered in ways I didnt consider. But in the long run if I didn't believe, I wouldn't have started, so I put in the work it takes. 

Marriage is never easy peasy.  

[ThomasNC1988 762]

4 minutes ago, Boiler said:

So you come on a K for a tril of nearly 3 months, get married and the file.

 

Could be nearly 9 months without a DL or EAD.

 

Not sure how that would help many relationships.

I don't know, I think its different strokes for different folks. I don't assume she will get a job right away when she gets her EAD. I feel she will be more inclined for seasonal and temporary work sometimes and home making. Of course that is entirely up to her and I realize just because I have the means to make that possible not everyone does. I can look back and say cr-1 would have changed some things for the better (drivers license) but I think we are very content that we got to be together sooner and learn more about living together before we "locked" it in. As someone mentioned above it isn't just the extra month or 2 as well because you do have to allot the time to actually get married and that can be more of a process in some countries than others. We decided on a Wednesday morning to file for K-1 and I sent the petition on Thursday and she was here 9 months later. Don't get me wrong though haste should not be your deciding factor either. I always found the nonstop whining in the 129f forums about the wait to be laughable because it sounded like there middle school boyfriends had gone off to football camp or something. A few months vs the rest of your life isn't so bad I don't think. Side note: always admired @John & Rose for the maturity with which he has handled his very impressive wait.

[John & Rose 7,237]

3 minutes ago, ThomasNC1988 said:

 Side note: always admired @John & Rose for the maturity with which he has handled his very impressive wait.

Thank you.  I try to preach about not focusing on the process and focus on the love.  It is definitely difficult at times but in the end we will be together.  This process is long and stressful. We try to focus on why we started the process in the first place.  We know that eventually we will be together.  If we get denied again, we will be together in another country.  Life is short.  We all need to live the best life we can. 

[ThomasNC1988 762]

You guys might find this funny but I would like to officially change my stance here. Your profile says Los Angeles so you should probably do CR-1 because AOS there takes a lonnnnngggggggg time.

 

Edit: wow USCIS say 15 to 32.5 months. 

Edited October 24, 2018 by ThomasNC1988

[carmel34 3,531]

44 minutes ago, John & Rose said:

Thank you.  I try to preach about not focusing on the process and focus on the love.  It is definitely difficult at times but in the end we will be together.  This process is long and stressful. We try to focus on why we started the process in the first place.  We know that eventually we will be together.  If we get denied again, we will be together in another country.  Life is short.  We all need to live the best life we can. 

This 🔺