Any info would help

[joshm608 0]

Hello here is our situation, married filipina k1 visa on the 90th day, and our application was denied. My wife stayed in the states over the visa date and recently went back to her country with no problems. We are legally married in the USA currently. Can someone tell me what kind of visa we need to apply for this time and any other info would be useful. I just dont know where to start this time. Thanks

[Boiler 43,430]

CR1 or IR1 depending on how long you have been married, the VJ Guides cover the process.

[payxibka 10,044]

9 minutes ago, joshm608 said:

 We are legally married in the USA currently. 

Legally married worldwide. 

[Crazy Cat 39,218]

Agree with @Boiler.  CR-1 or IR-1.....

[JFH 12,189]

Expect the process to take 12-14 months. You will get no credit in terms of money or time for that which you have already invested in the K-1. 

 

Curious as to what was denied and why. Not fixing that issue will lead to the same outcome. 

[Roel 7,191]

1. Why on earth did you not re-apply for your wife AOS? You guys cared so little about her status? O.o

2. Why on earth did she leave without any legal way to come back?

3. Does she know that she wont be back in the US for another year?

4. Apply for cr1 Visa. If you're lucky it will take about 12 months. 

 

I assume you were denied because you didnt actually marry during those 90days and didnt include I-130? Or some other reason? 

Edited March 31, 2019 by Roel

[payxibka 10,044]

4 minutes ago, Roel said:

1. Why on earth did you not re-apply for your wife AOS? You guys cared so little about her status? O.o

2. Why on earth did she leave without any legal way to come back?

3. Does she know that she wont be back in the US for another year?

4. Apply for cr1 Visa. If you're lucky it will take about 12 months. 

 

I assume you were denied because you didnt actually marry during those 90days and didnt include I-130? Or some other reason? 

AOS from K1 does not need an I130

[joshm608 0]

We miscalculated the days and got married 1 day later than allowed this our application was denied. They kept the money obviously that is not refundable.  My wife's passport was going to expire and she was not going to stay past the passport validation so she went back to Philippines. I briefly spoke to an attorney and he said it would be much faster and cost effective to reapply thru Philippine embassy. We definitely cared about the status, but of course there were other circumstances of our marriage being a little bumpy and questions if she wanted to stay here or go back. 

[Just Paul 4,591]

1 minute ago, payxibka said:

AOS from K1 does not need an I130

She left back to Philippines without AOS GC or AP.  IF she AOS'd she abandoned it.

 

  She can't come back without a spousal visa.

[payxibka 10,044]

2 minutes ago, Paul & Mary said:

She left back to Philippines without AOS GC or AP.  IF she AOS'd she abandoned it.

 

  She can't come back without a spousal visa.

Never said anything to the contrary 

[joshm608 0]

Yes she left with out aos, Gc or ap. So your saying spousal visa is the choice now?

[payxibka 10,044]

2 minutes ago, joshm608 said:

Yes she left with out aos, Gc or ap. So your saying spousal visa is the choice now?

Only family based Visa choice if she wants to come back 

Edited March 31, 2019 by payxibka

[USS_Voyager 1,971]

10 minutes ago, joshm608 said:

We miscalculated the days and got married 1 day later than allowed this our application was denied.

That’s your faut then, you missed the boat. 

10 minutes ago, joshm608 said:

They kept the money obviously that is not refundable. 

Of course they did. Expect nothing less from the US Government.

 

10 minutes ago, joshm608 said:

briefly spoke to an attorney and he said it would be much faster and cost effective to reapply thru Philippine embassy

I don’t know what he means by “reapply”. The only way she can come back to the US is through the CR1/IR1 process. You have to start with a I-130. When it’s approved it’ll be send to NVC and then to the Embassy again for another interview. It’ll be another 12-15 months before she can enter back to the US, this time as LPR 

Edited March 31, 2019 by USS_Voyager

[payxibka 10,044]

19 minutes ago, joshm608 said:

We miscalculated the days and got married 1 day later than allowed this our application was denied. They kept the money obviously that is not refundable.  My wife's passport was going to expire and she was not going to stay past the passport validation so she went back to Philippines. I briefly spoke to an attorney and he said it would be much faster and cost effective to reapply thru Philippine embassy. We definitely cared about the status, but of course there were other circumstances of our marriage being a little bumpy and questions if she wanted to stay here or go back. 

Was no reason for you to calculate,  the date was written on tbe i94 and on the entry stamp in her passport 

[Going through 5,668]

4 hours ago, joshm608 said:

My wife stayed in the states over the visa date and recently went back to her country with no problems.

There's never any problems with leaving the USA....the issue is always whether the person can get back IN.