K1 denied

[Abcd1234 102]

If k1 is denied because immigration officer thinks we are married because we stayed together in hotel for a day. And we are going to get marry and apply cr1, would we need any waiver? Our case was returned to uscis.

   

[Crazy Cat 39,324]

IF the K-1 was denied because the CO think you are married, no waiver would be needed.  But the I-129F would have to be withdrawn, and an I-130 would be filed to begin the CR-1 process. Are you sure this is why the K-1 was returned?

[Abcd1234 102]

Just now, missileman said:

IF the K-1 was denied because the CO think you are married, no waiver would be needed.  But the I-129F would have to be withdrawn, and an I-130 would be filed to begin the CR-1 process. Are you sure this is why the K-1 was returned?

Officer thought we were married because in Pakistani culture🙄, staying in one room before marriage made him think we were married and he asked how ours parents let us stay, officer was told parents didnt know, he seem to not believe, even though in my original application i mentioned that parents didnt know about that stay.

 Officer asked her he thinks we are married,  she told we are not, and asked some other basic questions and said he is returning petition back to uscis. She asked reason, he said doesn't make sense😕.

   Now we are getting married. Would they say we did fraud or something because they think we are married but only given us excuse that we stayed together but then didnt believe us

[Abcd1234 102]

Is there any way to know reason of deniel, if he thinks we are married can he say we are doing visa fraud based on no hard evidence of marraige?

Edited March 13, 2019 by Abcd1234

[Crazy Cat 39,324]

1 minute ago, Abcd1234 said:

No reason was given for denial,  but questions were asked if we are married and officer seems to be thinking that we are lying and we are married as we had tons of proves of meetings, photos etc. In local culture he seem to not believe our story that we are not married. 

Question:

  Is there anyway we can get reason of deniel? Because when she asked he said doesn't make sense, what doesn't make sense who knows

It is likely that the K-1 case will be sent back to USCIS where it will expire.  There will be no opportunity for you to appeal it.  

[kris&me 572]

your last posts said you would apply for spouse visa in 3 to 4 months

so,  CO looked at your evidence and said married because of something he / she saw

to answer your question tHat is the reason you were denied

[Abcd1234 102]

2 minutes ago, kris&me said:

your last posts said you would apply for spouse visa in 3 to 4 months

so,  CO looked at your evidence and said married because of something he / she saw

to answer your question tHat is the reason you were denied

Would we need any waiver then? Yes we are applying in 3,4 months, we are still not married yet, but we are getting married very soon.

   So this denial doesn't come under visa fraud or something that would need waiver right?

[kris&me 572]

 

you will need now to have a marriage certificate and apply CR1

i know nothing about waivers

there is nothing you can do for a K1 denial that is sent back to the US

[Ben&Zian 4,397]

First, write to USCIS and official withdraw the original 129f petition.

 

Then go get married officially.

 

Then apply for CR-1 visa. No waiver is needed.

 

As mentioned, you appeared "too married" for a K-1 visa, but not married enough for the CR-1 visa. Hence, why the K-1 was denied. It happens a lot when you void cultural norms or get too involved in them via ceremonies/elaborate family parties, or traditional custom ceremonies.

[Boiler 43,539]

Could be a Misrep finding, filing as single when not, but from similar cases that seems unlikely.