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ViktorS

CR-1: is it better to file for two children even is one of them is staying with the ex?

By ViktorS in IR-1 / CR-1 Spouse Visa Process & Procedures

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ViktorS Explorer

ViktorS   11

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Filed: IR-1/CR-1 Visa Country: Russia
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Our K-1 was denied due to a suspicion of our relationship is not true: my fiance's ex-husband was going to marry a US citizen too and their younger son was going to travel to US with him. This is no longer a case and the younger son is staying with him in Russia for at least the next couple of years.

We are going to marry in Russia and really concerned about proving bona fide relationships considering me living in US, my fiance living in Russia and K-1 denial. 

Paying for an extra petition is not a big problem, so is it better to file I-130/130a for both kids or  just for one that is coming to live in US upon approval?   

My thought is if we file for all the kids this looks more natural, and if we file just for one it is more unusual situation and we are living proof that the consular officers don't like anything unusual. From other prospective, if one kid is staying with his father without a US visa, it should look as a small proof of the true relationship. 

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C90 Rising Star

C90   376

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12 minutes ago, ViktorS said:

Our K-1 was denied due to a suspicion of our relationship is not true: my fiance's ex-husband was going to marry a US citizen too and their younger son was going to travel to US with him. This is no longer a case and the younger son is staying with him in Russia for at least the next couple of years.

We are going to marry in Russia and really concerned about proving bona fide relationships considering me living in US, my fiance living in Russia and K-1 denial. 

Paying for an extra petition is not a big problem, so is it better to file I-130/130a for both kids or  just for one that is coming to live in US upon approval?   

My thought is if we file for all the kids this looks more natural, and if we file just for one it is more unusual situation and we are living proof that the consular officers don't like anything unusual. From other prospective, if one kid is staying with his father without a US visa, it should look as a small proof of the true relationship. 

I don't know about the child question part, but why were they suspecting the relationship wasn't real? 

 

If I were you, I would tackle the suspicion first before applying for the CR1. Getting married isn't automatically a sign that the relationship is real. Unfortunately there's tons of people out there that marry just to obtain a green card.

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ViktorS Explorer

ViktorS   11

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Filed: IR-1/CR-1 Visa Country: Russia
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4 minutes ago, C90 said:

I don't know about the child question part, but why were they suspecting the relationship wasn't real? 

 

If I were you, I would tackle the suspicion first before applying for the CR1. Getting married isn't automatically a sign that the relationship is real. Unfortunately there's tons of people out there that marry just to obtain a green card.

Their suspicions were because my ex was going to marry my fiance's ex. This is no longer a case as my ex broke-up with my fiance's ex :)

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Boiler Grand Master

Boiler   43,564

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Filed: K-1 Visa Country: Wales
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That is to be fair unusual.

 

You realise that all this will be in the file when the adjudicate the CR1, it does not disappear.

 

File for the child who is seeking to immigrate.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Just Paul Veteran

Just Paul   4,591

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If you do file for the child that does not immigrate you can stall it at the NVC stage or interview stage for a while  if you think things may change.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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ViktorS Explorer

ViktorS   11

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Filed: IR-1/CR-1 Visa Country: Russia
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17 hours ago, Boiler said:

...

You realise that all this will be in the file when the adjudicate the CR1, it does not disappear.

...

Yes, I do. From another prospective I don't believe they spend any time or thinking considering these cases. Otherwise they would see that the ex'es I129F expired and issued the visa or at least gave us a chance at another interview.   

 

17 hours ago, Paul & Mary said:

If you do file for the child that does not immigrate you can stall it at the NVC stage or interview stage for a while  if you think things may change.

Thanks for the advice! 

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Boiler Grand Master

Boiler   43,564

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3 hours ago, ViktorS said:

Yes, I do. From another prospective I don't believe they spend any time or thinking considering these cases. Otherwise they would see that the ex'es I129F expired and issued the visa or at least gave us a chance at another interview.   

I do not see the connection between the former and later. Why would them having expired make a difference.

 

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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ViktorS Explorer

ViktorS   11

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16 minutes ago, Boiler said:

I do not see the connection between the former and later. Why would them having expired make a difference.

 

 

Because if their decision is based on the fact that our ex'es are going to apply for K-1 too. This is is no longer happens (they let their I129f to expire)  why refuse the visa to us?  

 

Edited by ViktorS
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Boiler Grand Master

Boiler   43,564

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Filed: K-1 Visa Country: Wales
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You can not change what has happened, they know what the plan was.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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ViktorS Explorer

ViktorS   11

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Filed: IR-1/CR-1 Visa Country: Russia
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10 minutes ago, Boiler said:

You can not change what has happened, they know what the plan was.

 

I'm was not going to. The timeline was:

  1. The interview
  2. Administrative Processing (I suppose "supervisor review") 
  3. My email describing the situation and with information that our ex'es broke-up and are no longer pursuing their K-1 
  4. Ex'es I-129f expired
  5.  2 more weeks passes with AP
  6. Denial

What do you mean by "they know what the plan was"? 

Edited by ViktorS
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Boiler Grand Master

Boiler   43,564

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Well I am sure you understand how unusual this looks.

 

So what do you intend to do now, do you have a plan going forward?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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ViktorS Explorer

ViktorS   11

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Filed: IR-1/CR-1 Visa Country: Russia
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13 minutes ago, Boiler said:

Well I am sure you understand how unusual this looks.

 

So what do you intend to do now, do you have a plan going forward?

Marry, file CR-1 with as much evidence as possible. My hope if that that story with year+ ago expired I129f will not be that relevant anymore. 

Move to Russia permanently if it is unsuccessful

Edited by ViktorS
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Boiler Grand Master

Boiler   43,564

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Sounds good

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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ViktorS Explorer

ViktorS   11

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36 minutes ago, Boiler said:

Sounds good

Thanks for the questions! It makes me realize that the situation that is pretty clear for us is not that easy to explain to other people. 

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Boiler Grand Master

Boiler   43,564

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I think the situation is clear, as are you next steps. You have it covered either way.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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