CR1 visa interview after Fiance Visa Denial

[BasmaHicham 34]

Greetings All,

First of all I am not a good writer so please forgive me  I am a Moroccan American woman living in the states for 16 years now. I met my husband through his sister (she lives here in the states too, different state than where I live),  she introduced us to each other 4 years ago on a group chat, we liked each other. after talking on watsApp for about a year I traveled to morocco to see him. we met in Rabat about 4 times during my month long trip, after that I came back to the US stayed a month then traveled again to spend EID in Morocco for only 1 week (I just used EID as an excuse),  I met him twice during that week. please note that I was married before, met my husband now 4 years after my divorce, and I have 2 kids from my previews marriage. my husband and myself are both mid 30's, and I am 2 years older than him, he never been married before.  my husband proposed to me during that trip and I decided to apply for a fiance visa for him, he never met my kids even though they were in Morocco, because i didn't want him to meet them in Morocco, I was thinking its better if they meet here in the states. to make it short, his visa got denied during interview, they never told us why?? so 3 months after that I decided to go to morocco to marry him because i know the fiance petition will expire.  I filed for him I130 n 1/29/2019 and on july 2019 I went to Morocco with my kids and we spent 6 weeks with my husband,  we did everything together, it was great time. After about 10 months USCIS called me to come for an interview here in the US, at the interview the Officer asked me a lot of questions, and here i find out why the fiance petition got denied. he ask me why he didn't meet the kids before applying for his fiance petition when they were already there in Morocco! I answered everything honestly but after the interview they sent me a NOID, I hired a lawyer, the petition got approved the same day they receive it. my lawyer did great job he helped me gather evidences, he also organize my thoughts. and my kids wrote letters to USCIS officer to tell him about how much they love my husband.  NVC contacted me on 4/1/2020 but we could not submit civil documents because Morocco was in quarantine, we were able to do so 6/25/20 and on 7/11/20 we got case complete, now we are waiting for interview date. I submit everything to NVC, my trip evidence with my kids, our money transactions together, pictures with kids, letter from my job that I have health insurance and I can add all my dependents, my divorce documents, everything they want and more.

my questions to you, do you think he will be called for interview soon? do you think they will approve his visa this time? how about the new public charge rule, I have a good job, I make about 70K, I have money saved, but my husband  doesn't have great job, he commonly own a land with his brothers he work in that land farming, he commonly own a house with his brothers and he lives in it, he has a degree in mechanics but because he is from a village away from the city he cant find a job there and if he want to relocate lets say to casa or one of the biggest cities he has to pay rent, so its better if he lives at home and work in his land.  do you guys think this will be a problem? we are from 2 different regions in Morocco, I am from the west and he is Amazigh. Another thing I want to add, my job will allow me to add him to my health insurance before he comes but I have to bring his SSN within 30 days, so I will add him 2 weeks before his interview date.  I am just afraid they deny him again, we love each other and im tired of living apart, we want to be together inshaAllah, we have lot of plans, we want to buy a house and have a baby and just share this life together. I know I was stupid for not having the kids meet him before I applied for the fiance, but I didn't know it will be that hard, I am just naive. Please advice!!

 

[Crazy Cat 39,186]

It is  unusual for the petitioner to be called in for an interview at USCIS!   Exactly why was the fiance visa denied?  I suspect there is more to this story.   Unfortunately, marriage does not solve all immigration issues.  Have you discussed the possibility of you re-locating to Morocco? 

Edited August 4, 2020 by Lucky Cat

[BasmaHicham 34]

Lucky Cat, thank you for your response. I can't relocate to Morocco because i have my job here and my kids have their school here, I cant take them away from their dad.  they never told us what is the real reason for fiance visa denial, but I am assuming because he didn't meet my kids while they were in Morocco and we didn't have engagement party. I know it is unusual to call petitioner for interview! from the questions the officer asked me, I think they think its not a real marriage!

[Crazy Cat 39,186]

19 minutes ago, BasmaHicham said:

Lucky Cat, thank you for your response. I can't relocate to Morocco because i have my job here and my kids have their school here, I cant take them away from their dad.  they never told us what is the real reason for fiance visa denial, but I am assuming because he didn't meet my kids while they were in Morocco and we didn't have engagement party. I know it is unusual to call petitioner for interview! from the questions the officer asked me, I think they think its not a real marriage!

The best (and sometimes the ONLY) way to fix doubts about a bona fide marriage is to spend a lot of time together......preferably living together as spouses.  

[Lemonslice 4,549]

How many hours approximately did you spend together?

The way you're describinging it, it sounds like you only met briefly a few times during your trip, but I might not be understanding correctly.

Edited August 4, 2020 by Lemonslice

[BasmaHicham 34]

Hi lemonslice! 
we spent a lot of time together, the last trip was 6 weeks!! I am sorry if I didn’t explain well. 

[JeanneAdil 6,190]

You have a lot going for you

You are about the same age

same religion

and your income is well above the needed range

and there are always jobs here for a decent mechanic

I believe it was the K1 that was denied and for Morocco that is very normal ( and casa never gives a reason for denial)

if he said during interview he did not know your kids,  it would have been reason enough for them to deny as he is to know everything about u and your family

As for interview,  no one can say when Casa will start again,  the country just went backwards in the fight with covid virus and closed some cities down because of big increase in cases of the virus.

 

You satisfied the NOID and spent 6 weeks with him and he met your kids so your case is looking good

Best to you both

allah yekbel

Jeanne and Adil

 

 

[BasmaHicham 34]

Hi jeanneAdil, 

thank you for your reply
yes, it was the K1 that was denied, he asked him if met my kids he answered no but he talk to them on the phone. And the USCIS officer asked me same question, and I give same answer. JazakiAllah for your supporting words, you did put my mind at ease. 

 

[JeanneAdil 6,190]

1 hour ago, BasmaHicham said:

Hi jeanneAdil, 

thank you for your reply
yes, it was the K1 that was denied, he asked him if met my kids he answered no but he talk to them on the phone. And the USCIS officer asked me same question, and I give same answer. JazakiAllah for your supporting words, you did put my mind at ease. 

 

Remember when he or u do the ds 260 to check mark the box for USCIS to apply for the SS #/ makes it a lot easier 

[BasmaHicham 34]

We did. Thank you! 

[stech786 229]

Try to understand what is K1 and IR1/CR1 visa. K1 is for ppl engaged or dating etc. in your culture it may not be a popular thing. So UsCIS doesn’t think it’s a real relationship. Specially when you have 2 kids from previous marriage.
Applying for CR1 is better option. A lot of K1 visa get denied.

There could be other reason than him not talking to kids. (Your age vs your future husband)

good luck! inshallah you will be together soon! 

Edited August 5, 2020 by stech786

[bobjennyhitched 99]

11 hours ago, BasmaHicham said:

We did. Thank you! 

Hi, just an FYI I checked the SSN box and never received until I got an appointment at the SSA and applied for it again. Just so you know, they do miss it sometimes for some reason. I even took my DS-260 down to the SSA during my appointment to prove I wasn't wrong! I had no health insurance for about 10 weeks and I have a pre-existing condition. Chase it after the 3 week mark by phone.

 

Hope you get your husband here soon! 

[BasmaHicham 34]

jennywhite421, thank you for sharing!