K-1 --> K-3?

[NatashaW 0]

Does anyone have experience with getting married while their K-1 application is being processed? We just had our application denied at the embassy and it's being sent back to the US for possible revocation/denial. We wanted to get married in the US, but we don't want to wait 6-24 months, so I'm thinking of flying back to my fiance's country and getting married there. I understand that I'll have to file a CR1 and follow through with the original K-1 process (with the added plus of more evidence of a REAL relationship (marriage certificate)). If you have any experience with this situation or know of anything else we have to do, please let me know.

[Beth/ Paris Heart 2]

Does anyone have experience with getting married while their K-1 application is being processed? We just had our application denied at the embassy and it's being sent back to the US for possible revocation/denial. We wanted to get married in the US, but we don't want to wait 6-24 months, so I'm thinking of flying back to my fiance's country and getting married there. I understand that I'll have to file a CR1 and follow through with the original K-1 process (with the added plus of more evidence of a REAL relationship (marriage certificate)). If you have any experience with this situation or know of anything else we have to do, please let me know.

Why was visa denied at K1 interview? Are you sure there is no chance of a K1 visa? You truly need to find out what is going on with K1 visa BEFORE you do anything!!!!

Edited March 23, 2009 by Paris Heart

[canadian_wife 1,829]

I agree, you will need to overcome why the visa was denied in the first place. If it is lack of bona fide relationship, you will need more than a marriage certificate

Then if you decide to get married, you will no longer continue with the K-1. You will need to refile and go the CR-1 route.

[NatashaW 0]

I agree, you will need to overcome why the visa was denied in the first place. If it is lack of bona fide relationship, you will need more than a marriage certificate

Then if you decide to get married, you will no longer continue with the K-1. You will need to refile and go the CR-1 route.

Background: http://www.visajourney.com/forums/index.php?showtopic=185978

Now I'm really confused. I just got a call from a lawyer who recommends (after making an appointment to talk further), that I DO get married and we file a K-3, because this would give us another chance to submit evidence of a continuing relationship (which they refused to accept at the embassy).

This particular lawyer says they have experience with consular work but not with K-1 revocations/refusals/denials, so maybe I'll keep looking for someone with experience with this specific issue. Then I'll make an appointment, pay for the consultation and bring all these comments from the forum with me.

[Beth/ Paris Heart 2]

I agree, you will need to overcome why the visa was denied in the first place. If it is lack of bona fide relationship, you will need more than a marriage certificate

Then if you decide to get married, you will no longer continue with the K-1. You will need to refile and go the CR-1 route.

Background: http://www.visajourney.com/forums/index.php?showtopic=185978

Now I'm really confused. I just got a call from a lawyer who recommends (after making an appointment to talk further), that I DO get married and we file a K-3, because this would give us another chance to submit evidence of a continuing relationship (which they refused to accept at the embassy).

This particular lawyer says they have experience with consular work but not with K-1 revocations/refusals/denials, so maybe I'll keep looking for someone with experience with this specific issue. Then I'll make an appointment, pay for the consultation and bring all these comments from the forum with me.

What exactly did embassy refuse for????/ Lack of a ongoing relationship??? evidence? what??? Cause getting married will not prove anything. Just because two people are marrired, does not prove a TRUE, BONA FIDE RELATIONSHIP!!!

A marriage visa can as easily be denied as a ficance' visa.

After reading your posted link, sounds like you needed a new C/O for the interview, probelm sounds like it was hers and not you !! She refused anyting you tried to show her, that is not right. Scary what these C/O can do to us. they hold our lives in their hands.

Edited March 23, 2009 by Paris Heart

[NatashaW 0]

I agree, you will need to overcome why the visa was denied in the first place. If it is lack of bona fide relationship, you will need more than a marriage certificate

Then if you decide to get married, you will no longer continue with the K-1. You will need to refile and go the CR-1 route.

Background: http://www.visajourney.com/forums/index.php?showtopic=185978

Now I'm really confused. I just got a call from a lawyer who recommends (after making an appointment to talk further), that I DO get married and we file a K-3, because this would give us another chance to submit evidence of a continuing relationship (which they refused to accept at the embassy).

This particular lawyer says they have experience with consular work but not with K-1 revocations/refusals/denials, so maybe I'll keep looking for someone with experience with this specific issue. Then I'll make an appointment, pay for the consultation and bring all these comments from the forum with me.

What exactly did embassy refuse for????/ Lack of a ongoing relationship??? evidence? what??? Cause getting married will not prove anything. Just because two people are marrired, does not prove a TRUE, BONA FIDE RELATIONSHIP!!!

A marriage visa can as easily be denied as a ficance' visa.

Unfortunately, we were not given a reason other than "not clearly eligible"; at this point, we can only guess that she didn't believe we are real, based on her comments on our age difference and the fact that she claimed she didn't "understand" our answers of how we met. (background: http://www.visajourney.com/forums/index.ph...owtopic=185978)

[Beth/ Paris Heart 2]

I agree, you will need to overcome why the visa was denied in the first place. If it is lack of bona fide relationship, you will need more than a marriage certificate

Then if you decide to get married, you will no longer continue with the K-1. You will need to refile and go the CR-1 route.

Background: http://www.visajourney.com/forums/index.php?showtopic=185978

Now I'm really confused. I just got a call from a lawyer who recommends (after making an appointment to talk further), that I DO get married and we file a K-3, because this would give us another chance to submit evidence of a continuing relationship (which they refused to accept at the embassy).

This particular lawyer says they have experience with consular work but not with K-1 revocations/refusals/denials, so maybe I'll keep looking for someone with experience with this specific issue. Then I'll make an appointment, pay for the consultation and bring all these comments from the forum with me.

What exactly did embassy refuse for????/ Lack of a ongoing relationship??? evidence? what??? Cause getting married will not prove anything. Just because two people are marrired, does not prove a TRUE, BONA FIDE RELATIONSHIP!!!

A marriage visa can as easily be denied as a ficance' visa.

Unfortunately, we were not given a reason other than "not clearly eligible"; at this point, we can only guess that she didn't believe we are real, based on her comments on our age difference and the fact that she claimed she didn't "understand" our answers of how we met. (background: http://www.visajourney.com/forums/index.ph...owtopic=185978)

That age ####### is just that #######, show me the rule where man HAS to be older!! I hate that. Im so sorry this has happened to you. Any chance of getting a 2nd interview and both you ahd her there for interview. Sorry to say this, sounds like she was in a bad mood at the time of your interview. What ever you do, keep faith, and dont give up, there is a answer somewhere.

Talk to another lawyer see what they say.

My friend and her ficance' had their interview in July 2007 , still to this day, no answer, so she today is cancelling K1 visa, cause 2 weeks ago she married in Egypt, and sending petition today for a CR-1 visa for him.

She got tired of waiting and being put off by USCIS and they still have not given her a definite answer of K1 Visa.

[trinket 30]

If you do decide to marry and reapply again, then may be it would be better to go with CR-1 than with k-3.

About your K-1 denial, have you tried to contact your senator, congressman and see what you can do. Sometimes abandoning K-1 might help, it has 4 months of life anyways.

If you do follow CR-1 or K-3 path, make sure to send a whole lot of evidence during your initial filing as well. It will help you at later stage during consulate interview, CO will not be able to deny the fact that you didn't have any evidence if the same thing occurs again, your congressman can question CO on the basis of what was submitted during USCIS processing.

I wish you good luck

[NatashaW 0]

If you do decide to marry and reapply again, then may be it would be better to go with CR-1 than with k-3.

About your K-1 denial, have you tried to contact your senator, congressman and see what you can do. Sometimes abandoning K-1 might help, it has 4 months of life anyways.

If you do follow CR-1 or K-3 path, make sure to send a whole lot of evidence during your initial filing as well. It will help you at later stage during consulate interview, CO will not be able to deny the fact that you didn't have any evidence if the same thing occurs again, your congressman can question CO on the basis of what was submitted during USCIS processing.

I wish you good luck

Thanks for your advice. My congressman has emailed; no response yet. My senator's office has promised to call, but isn't returning my calls yet.

Thank you for your kind wishes.

[NatashaW 0]

UPDATE: I just got off the phone with the latest attorney I've contacted. He recommended that we don't hire an attorney right now. Instead, he said to have my congressman contact DHS/USCIS (to ask for them to pay attention to it, so it doesn't die a natural death; it seems if a congressman inquires about a case, they have to respond with at least a status report within 48 hours AND that requesting a status report will shorten the typically 6-month wait). He also recommended that I contact the Vermont office in St. Albans, let them know that our application is on its way back to them from the Tbilisi embassy; it seems there's a special department that deals with rejects (and rejects are lowest on the totem pole for processing, because the office doesn't get credit for re-processing them). The attorney said to contact him after trying through my congressman.

Personally, I like this advice best so far. I am convinced that no matter who calls them or emails them, the Consul/Vice Consul is NOT going to review or re-interview anyone they don't have to, nor are they going to even give us a hint as to the basis for their denial. I think we'll have better luck getting folks in the US to pay attention and act professionally, actually look at our supporting evidence of a continuing relationship, reaffirm our application, and send it back to the Tbilisi embassy with attitude.

[Beth/ Paris Heart 2]

UPDATE: I just got off the phone with the latest attorney I've contacted. He recommended that we don't hire an attorney right now. Instead, he said to have my congressman contact DHS/USCIS (to ask for them to pay attention to it, so it doesn't die a natural death; it seems if a congressman inquires about a case, they have to respond with at least a status report within 48 hours AND that requesting a status report will shorten the typically 6-month wait). He also recommended that I contact the Vermont office in St. Albans, let them know that our application is on its way back to them from the Tbilisi embassy; it seems there's a special department that deals with rejects (and rejects are lowest on the totem pole for processing, because the office doesn't get credit for re-processing them). The attorney said to contact him after trying through my congressman.

Personally, I like this advice best so far. I am convinced that no matter who calls them or emails them, the Consul/Vice Consul is NOT going to review or re-interview anyone they don't have to, nor are they going to even give us a hint as to the basis for their denial. I think we'll have better luck getting folks in the US to pay attention and act professionally, actually look at our supporting evidence of a continuing relationship, reaffirm our application, and send it back to the Tbilisi embassy with attitude.

I truly hope it all works out for you NatashaW, I know this is very hard on you and Stephen, the shoulder is always here for you, but as I said no nose blowing on it. LOL Big Hug!!!

Edited March 25, 2009 by Paris Heart

[NatashaW 0]

UPDATE 2: We just spoke to an immigration attorney experienced with K-1 denials/revocations. After hearing our story, he thought that one possible red flag to the CO was that my fiance applied, in the year before meeting me, for tourist visas twice to the US and was denied (this is not unusual for youngish unmarrieds in his country). The attorney suggested we get married and then I submit an I-130. He was careful to warn us to be sure to still respond to all inquiries based on our original K-1. In fact, he suggested that, once my congressman confirms with Vermont that they've received our application (bounced back by the CO based on 221g), I should submit a package of materials to Vermont with our version of events at the CO interview plus tons of our supporting evidence (photos of us, alone and together with friends; chats transcripts (1 for each week), postcards, cards, letters, phone bills, etc.). He also explained that we could let the K-1 process continue without marrying, but that it would take significantly longer. Either way, he was optimistic that we'd be successful.

I thank all for their suggestions and words of support.

NatashaW

[trinket 30]

UPDATE 2: We just spoke to an immigration attorney experienced with K-1 denials/revocations. After hearing our story, he thought that one possible red flag to the CO was that my fiance applied, in the year before meeting me, for tourist visas twice to the US and was denied (this is not unusual for youngish unmarrieds in his country). The attorney suggested we get married and then I submit an I-130. He was careful to warn us to be sure to still respond to all inquiries based on our original K-1. In fact, he suggested that, once my congressman confirms with Vermont that they've received our application (bounced back by the CO based on 221g), I should submit a package of materials to Vermont with our version of events at the CO interview plus tons of our supporting evidence (photos of us, alone and together with friends; chats transcripts (1 for each week), postcards, cards, letters, phone bills, etc.). He also explained that we could let the K-1 process continue without marrying, but that it would take significantly longer. Either way, he was optimistic that we'd be successful.

I thank all for their suggestions and words of support.

NatashaW

I think this is a really good suggestion from the attorney. Its good to see how positive you are and not all gloomy and doomy. I really hope carefully taken steps will give your fruitful results

[steveee 0]

UPDATE 2: We just spoke to an immigration attorney experienced with K-1 denials/revocations. After hearing our story, he thought that one possible red flag to the CO was that my fiance applied, in the year before meeting me, for tourist visas twice to the US and was denied (this is not unusual for youngish unmarrieds in his country). The attorney suggested we get married and then I submit an I-130. He was careful to warn us to be sure to still respond to all inquiries based on our original K-1. In fact, he suggested that, once my congressman confirms with Vermont that they've received our application (bounced back by the CO based on 221g), I should submit a package of materials to Vermont with our version of events at the CO interview plus tons of our supporting evidence (photos of us, alone and together with friends; chats transcripts (1 for each week), postcards, cards, letters, phone bills, etc.). He also explained that we could let the K-1 process continue without marrying, but that it would take significantly longer. Either way, he was optimistic that we'd be successful.

I thank all for their suggestions and words of support.

NatashaW

Hi, did you ever try to email a letter of appeal at the email address that i gave you last time?

[NatashaW 0]

Yes, I did. Thank you for your suggestion. I got a form letter back a few minutes later and never heard from them again. I'll let you know if anything comes of it.

Thanks again.