Does k1 refusal delays CR1?

[Z&W 21]

Hello, 

 

I filed my K1 for my fiancee one year ago.  Petition got approved but Visa was denied.  My fiancé is from Nepal and as per Nepalese marriage law, we supposed to register under Nepal District court if there is marriage between Nepali nation and foreigners.. For this it requires a lot of paperwork and time.I didn’t have that long time to stay in Nepal for that so I had to be back in states because of my job so I choosed Fiancé route. 

we showed our religious ceremony picture from USCIS stage itself and we were smoothly approved.  My fiancé took those in consulate as well. The CO then asked question related to ceremony in interview. 

- How many people were at ceremony?

- when did you fiancee visited you last time? And when he visited you did you stayed together?

and CO asked to write down when the religious wedding took place.

after 1 month they gave refusal sheet saying that case was sent to USCIS for further review and to reconsider. 

 

I then decided to marry her in court and go with spouse visa route.

We have new wedding date from court and I kept new wedding date in I-130 petition

 

I filed new i130 petition and included I129F withdrawal letter saying  that we got married and want to take spouse visa route instead.

 

when i check case status I see almost every petition close to mine got approved but my case status says it is still received. I called USCIS customer service yesterday and they told me that my petition was touched 20 days back.  wondering why I am so singled out? May be its because of K1 denial? 

 

[geowrian 22,335]

Maybe it will take a few extra minutes for the Io to review the full file, but the overwhelming majority of the wait is the petition sitting in a pile waiting to be looked at, or in background checks.

 

Sounds like you were deemed "too married" for the K-1.

[Z&W 21]

8 hours ago, geowrian said:

Maybe it will take a few extra minutes for the Io to review the full file, but the overwhelming majority of the wait is the petition sitting in a pile waiting to be looked at, or in background checks.

 

Sounds like you were deemed "too married" for the K-1.

Thanks Geowrian. 

I think they already looked my petition and may be waiting for background check to complete. Just curious.. what they really check on background? And how much time it will take to complete that? Hope K1 won’t affect my spouse petition.. 

Edited September 15, 2019 by Z&W

[CrisBR 30]

14 hours ago, geowrian said:

Maybe it will take a few extra minutes for the Io to review the full file, but the overwhelming majority of the wait is the petition sitting in a pile waiting to be looked at, or in background checks.

 

Sounds like you were deemed "too married" for the K-1.

I agree so too. Since the K1 Visa is for the ones who intend to get married in the US and they had already had a religious ceremony, the CO deemed them married. 

[geowrian 22,335]

7 hours ago, Z&W said:

Thanks Geowrian. 

I think they already looked my petition and may be waiting for background check to complete. Just curious.. what they really check on background? And how much time it will take to complete that? Hope K1 won’t affect my spouse petition.. 

Possibly. You're still in normal processing timelines so it's hard to say.

USCIS submits for a background check with several agencies, then waits for a response. They're looking for criminal histories and such, too. The main one is an FBI background check. That is a "black box" - it's not disclosed what the process is that they use, what information is released, etc. Usually an FBI background check comes back very quickly, but there situations where there is a name hit, which then has to be manually investigated and that can takes days, weeks, or months.