Not so good news

[verde 0]

Last night (as it was day time in the UAE) I spoke with one of the heads of the Consular Section of the US Embassy in Abu Dhabi. He informed me that our blue sheet, or 194, was in error. Not only should it have said that we needed I864s and Tax Returns (versus I134s and Tax Returns), but that it SHOULD HAVE SAID that we needed proof of the validity of our marriage/relationship. He told me that yes, the interview my husband attended WAS for a K3 and not a CR1. He admitted that they sent our CR1 packet to a "wrong" address, based on the way mail is delievered in the UAE. But he also encouraged me not to even GET the CR1 packet. I asked him politely to still send it to me for my records. I am confused, because I thought your K3 turned into a CR1 if both were approved by USCIS and both packets arrived at the Embassy from the NVC.

[payxibka 10,045]

I am confused, because I thought your K3 turned into a CR1 if both were approved by USCIS and both packets arrived at the Embassy from the NVC.

No, a K-3 does not "automatically" change... it is a totally separate process and fee structure

[verde 0]

Last night (as it was day time in the UAE) I spoke with one of the heads of the Consular Section of the US Embassy in Abu Dhabi.

He informed me that our blue sheet, or 194, was in error. Not only should it have said that we needed I864s and Tax Returns (versus I134s and Tax Returns), but that it SHOULD HAVE SAID that we needed proof of the validity of our marriage/relationship.

He told me that yes, the interview my husband attended WAS for a K3 and not a CR1. He admitted that they sent our CR1 packet to a "wrong" address, based on the way mail is delivered in the UAE.

But he also encouraged me not to even GET the CR1 packet. I asked him politely to still send it to me for my records.

I am confused, because I thought your K3 turned into a CR1 if both were approved by USCIS and both packets arrived at the Embassy from the NVC. Several people on this very forum told me that my K3 would have switched to a CR1 if I had filled out all forms, the CR1 had been approved, I had already paid all fees, and all of this happened before my K3 interview. Both my K3 and CR1 were approved on the same day by the USCIS, and I paid all fees for both Visas. It's just my K3 packet got to the embassy before my CR1 packet. I'd rather do the CR1 because the NVC handles part of it, making a form of "checks and balances" where not just ONE person or ONE agency is responsible for it. Several posters here told me it was better to do the CR1 as well.

The State Department sights say that the best evidence of legitimate marriages are property in common, joint leases and accounts, children in common, and affidavits from third parties who are aware of your relationship. He said none of these are terribly important. He said that it is more important to have evidence of regular contact (daily phone calls, emails, and chats).

Well, since we married in June, we've spent 60 days together IN PERSON (two trips to the UAE) and have over 1000 emails/chats, and talk on the phone almost every single day.

I just hope it's enough for them.

I felt better when my blue form just said they required I864s. Well, it still just says I864s, but now they have verbally added on more requirements.

Weird.

Edited November 15, 2009 by verde

[verde 0]

I am confused, because I thought your K3 turned into a CR1 if both were approved by USCIS and both packets arrived at the Embassy from the NVC.

No, a K-3 does not "automatically" change... it is a totally separate process and fee structure

Our CR1 was approved by the USCIS, all fees were paid (including the $70 AOS fee and the $400 Visa fee, as well as the DS-230 fee), and the packet was completed and sent from the NVC to the UAE Embassy.

Now the UAE Embassy has BOTH visa packages - all fees paid on both - both approved by the USCIS and forwarded by the NVC.

Isn't it better to do the CR1 now, since our K3 is in indefinite Administrative Review anyway (despite the amount of documentation I have provided)?

I mean WHAT HAPPENS WHEN THE EMBASSY HAS YOUR CR1 AND YOUR K3 PACKETS AND ALL FEES ARE PAID ON BOTH VISAS?

[canadian_wife 1,822]

As paysibka told you, each petition is processed separatly. You'll receive correspondences for each petition separatly

Please stop typing in all caps

Good luck.

[illnevergetthis 5]

Have you sent them your emails and phonebills?

[pushbrk 12,882]

I am confused, because I thought your K3 turned into a CR1 if both were approved by USCIS and both packets arrived at the Embassy from the NVC.

No, a K-3 does not "automatically" change... it is a totally separate process and fee structure

Our CR1 was approved by the USCIS, all fees were paid (including the $70 AOS fee and the $400 Visa fee, as well as the DS-230 fee), and the packet was completed and sent from the NVC to the UAE Embassy.

Now the UAE Embassy has BOTH visa packages - all fees paid on both - both approved by the USCIS and forwarded by the NVC.

Isn't it better to do the CR1 now, since our K3 is in indefinite Administrative Review anyway (despite the amount of documentation I have provided)?

I mean WHAT HAPPENS WHEN THE EMBASSY HAS YOUR CR1 AND YOUR K3 PACKETS AND ALL FEES ARE PAID ON BOTH VISAS?

Sometimes the devil is in the details and terminology. The interview was set up as a K3 interview but once the I-130 is on station at the Embassy or Consulate, the couple technically does not qualify for a K3 visa anymore. So, the K3 interview appointment can be used to interview for the CR1 visa. If you have ANY additional evidence of a bona fide relationship, you have not already sent, send it now. Make absolutely certain they have evidence of the time you have spent together and that you were there with him until just recently.

[verde 0]

Have you sent them your emails and phonebills?

Yes, we presented those at the interview on November 12, 2009, along with tons of other evidence.

As paysibka told you, each petition is processed separatly. You'll receive correspondences for each petition separatly

Please stop typing in all caps

Good luck.

We already received our K3 packet and had an initial interview. We never received the CR1 packet - the Embassy mailed it to the wrong address.

[verde 0]

I am confused, because I thought your K3 turned into a CR1 if both were approved by USCIS and both packets arrived at the Embassy from the NVC.

No, a K-3 does not "automatically" change... it is a totally separate process and fee structure

Our CR1 was approved by the USCIS, all fees were paid (including the $70 AOS fee and the $400 Visa fee, as well as the DS-230 fee), and the packet was completed and sent from the NVC to the UAE Embassy.

Now the UAE Embassy has BOTH visa packages - all fees paid on both - both approved by the USCIS and forwarded by the NVC.

Isn't it better to do the CR1 now, since our K3 is in indefinite Administrative Review anyway (despite the amount of documentation I have provided)?

I mean WHAT HAPPENS WHEN THE EMBASSY HAS YOUR CR1 AND YOUR K3 PACKETS AND ALL FEES ARE PAID ON BOTH VISAS?

Sometimes the devil is in the details and terminology. The interview was set up as a K3 interview but once the I-130 is on station at the Embassy or Consulate, the couple technically does not qualify for a K3 visa anymore. So, the K3 interview appointment can be used to interview for the CR1 visa. If you have ANY additional evidence of a bona fide relationship, you have not already sent, send it now. Make absolutely certain they have evidence of the time you have spent together and that you were there with him until just recently.

Hey Pushbrk:

The interview WAS set up as a K3 interview, but the I-130/CR1 arrived at the Embassy/Consulate before the K3 interview took place - still the Embassy conducted the interview as a K3 interview. It was not used as a CR1 interview. I have already provided all of the evidence of relationship to them (although most of it the Consular Officer refused to accept, she simply handed it back to my husband). I resent it all, along with phone bills, emails, and chats since I left the UAE on 11/02/09 and since the interview on 11/12/09. I am very confused. Some people say the K3 Interview can't turn into a CR1 Interview - other people say it can. Can anyone clear this up for me?

[verde 0]

Our CR1 was approved by the USCIS, all fees were paid (including the $70 AOS fee and the $400 Visa fee, as well as the DS-230 fee), and the packet was completed and sent from the NVC to the UAE Embassy.

However, the K3 packet was sent to the UAE Embassy BEFORE the CR1 packet.

Now the UAE Embassy has BOTH visa packages - all fees paid on both - both approved by the USCIS and forwarded by the NVC.

Still the CR1 packet arrived from the NVC at the Embassy BEFORE our K3 Interview took place.

Isn't it better to do the CR1 now, since our K3 is in indefinite Administrative Review anyway (despite the amount of documentation I have provided), and because if we do the CR1 it is the NVC and not the Embassy who will be approving our AOS's?

WHAT HAPPENS WHEN THE EMBASSY HAS YOUR CR1 AND YOUR K3 PACKETS AND ALL FEES ARE PAID ON BOTH VISAS?

FROM PUSHBRK:

Sometimes the devil is in the details and terminology. The interview was set up as a K3 interview but once the I-130 is on station at the Embassy or Consulate, the couple technically does not qualify for a K3 visa anymore. So, the K3 interview appointment can be used to interview for the CR1 visa. If you have ANY additional evidence of a bona fide relationship, you have not already sent, send it now. Make absolutely certain they have evidence of the time you have spent together and that you were there with him until just recently.

The interview WAS set up as a K3 interview, but the I-130/CR1 arrived at the Embassy/Consulate before the K3 interview took place - still the Embassy conducted the interview as a K3 interview. It was not used as a CR1 interview. I have already provided all of the evidence of relationship to them (although most of it the Consular Officer refused to accept, she simply handed it back to my husband). I resent it all, along with phone bills, emails, and chats since I left the UAE on 11/02/09 and since the interview on 11/12/09. I am very confused. Some people say the K3 Interview can't turn into a CR1 Interview - other people say it can. Can anyone clear this up for me?

Since our marriage on June 30, 2009 - we spent significant amounts of time together. I was in Dubai with him from June 14th to July 7th, and from October 10th to November 2nd. In between, we chatted online, talked on the phone, and emailed daily. We have over 300 online chats, almost 1000 emails, and telephone bills showing calls almost every day. We also have a joint lease here in the USA, affidavits from his mother and my son, photographs, cards, a scrapbook of all of our "firsts" (first movie, first water taxi ride, etc). We have copies of our dating site profiles from where we met. We have copies of my Facebook page with a photo album of us and friend's and family's comments on our marriage. There is NOTHING to indicate that our relationship or marriage is a fraud, and plenty to indicate that it is real, valid, legitimate, etc.

Why the Consular Officer refused to examine or take into consideration this evidence is beyond me.

And why they conducted the interview as a K3 interview if they should have conducted it as a CR1 interview is beyond me.

I don't know what to do or who to turn to. I spoke with Sean Cooper at the Embassy, as well as my representatives. Everyone provides different answers. I don't have money to waste on an immigration lawyer, but I think I may have to at this point.

Edited November 15, 2009 by verde

[pushbrk 12,882]

I am confused, because I thought your K3 turned into a CR1 if both were approved by USCIS and both packets arrived at the Embassy from the NVC.

No, a K-3 does not "automatically" change... it is a totally separate process and fee structure

Our CR1 was approved by the USCIS, all fees were paid (including the $70 AOS fee and the $400 Visa fee, as well as the DS-230 fee), and the packet was completed and sent from the NVC to the UAE Embassy.

Now the UAE Embassy has BOTH visa packages - all fees paid on both - both approved by the USCIS and forwarded by the NVC.

Isn't it better to do the CR1 now, since our K3 is in indefinite Administrative Review anyway (despite the amount of documentation I have provided)?

I mean WHAT HAPPENS WHEN THE EMBASSY HAS YOUR CR1 AND YOUR K3 PACKETS AND ALL FEES ARE PAID ON BOTH VISAS?

Sometimes the devil is in the details and terminology. The interview was set up as a K3 interview but once the I-130 is on station at the Embassy or Consulate, the couple technically does not qualify for a K3 visa anymore. So, the K3 interview appointment can be used to interview for the CR1 visa. If you have ANY additional evidence of a bona fide relationship, you have not already sent, send it now. Make absolutely certain they have evidence of the time you have spent together and that you were there with him until just recently.

Hey Pushbrk:

The interview WAS set up as a K3 interview, but the I-130/CR1 arrived at the Embassy/Consulate before the K3 interview took place - still the Embassy conducted the interview as a K3 interview. It was not used as a CR1 interview. I have already provided all of the evidence of relationship to them (although most of it the Consular Officer refused to accept, she simply handed it back to my husband). I resent it all, along with phone bills, emails, and chats since I left the UAE on 11/02/09 and since the interview on 11/12/09. I am very confused. Some people say the K3 Interview can't turn into a CR1 Interview - other people say it can. Can anyone clear this up for me?

Read my post again if you didn't understand, because I already explained it. The interview itself is not any different and/or has no different purpose. It's about whether the requirements are met AND whether the Consular officer believes the relationship is bona fide. DOS policy is to follow the law and the law says a K3 visa cannot be issued when an approved I-130 case file is on station. That doesn't mean mistakes can't be made but in my strong and studied opinion, if any visa is issued at this point, it will be the CR1, not the K3.

If you've sent all the evidence in the latest package, you've done all you can do.

My saved link to the explanation of the policy is no longer taking me to the same page but I'm very clear on the policy and applicable law. There's been lots of discussion on it her and in the CR1 forum as well.

[verde 0]

I am confused, because I thought your K3 turned into a CR1 if both were approved by USCIS and both packets arrived at the Embassy from the NVC.

No, a K-3 does not "automatically" change... it is a totally separate process and fee structure

Our CR1 was approved by the USCIS, all fees were paid (including the $70 AOS fee and the $400 Visa fee, as well as the DS-230 fee), and the packet was completed and sent from the NVC to the UAE Embassy.

Now the UAE Embassy has BOTH visa packages - all fees paid on both - both approved by the USCIS and forwarded by the NVC.

Isn't it better to do the CR1 now, since our K3 is in indefinite Administrative Review anyway (despite the amount of documentation I have provided)?

I mean WHAT HAPPENS WHEN THE EMBASSY HAS YOUR CR1 AND YOUR K3 PACKETS AND ALL FEES ARE PAID ON BOTH VISAS?

Sometimes the devil is in the details and terminology. The interview was set up as a K3 interview but once the I-130 is on station at the Embassy or Consulate, the couple technically does not qualify for a K3 visa anymore. So, the K3 interview appointment can be used to interview for the CR1 visa. If you have ANY additional evidence of a bona fide relationship, you have not already sent, send it now. Make absolutely certain they have evidence of the time you have spent together and that you were there with him until just recently.

Hey Pushbrk:

The interview WAS set up as a K3 interview, but the I-130/CR1 arrived at the Embassy/Consulate before the K3 interview took place - still the Embassy conducted the interview as a K3 interview. It was not used as a CR1 interview. I have already provided all of the evidence of relationship to them (although most of it the Consular Officer refused to accept, she simply handed it back to my husband). I resent it all, along with phone bills, emails, and chats since I left the UAE on 11/02/09 and since the interview on 11/12/09. I am very confused. Some people say the K3 Interview can't turn into a CR1 Interview - other people say it can. Can anyone clear this up for me?

Read my post again if you didn't understand, because I already explained it. The interview itself is not any different and/or has no different purpose. It's about whether the requirements are met AND whether the Consular officer believes the relationship is bona fide. DOS policy is to follow the law and the law says a K3 visa cannot be issued when an approved I-130 case file is on station. That doesn't mean mistakes can't be made but in my strong and studied opinion, if any visa is issued at this point, it will be the CR1, not the K3.

If you've sent all the evidence in the latest package, you've done all you can do.

My saved link to the explanation of the policy is no longer taking me to the same page but I'm very clear on the policy and applicable law. There's been lots of discussion on it her and in the CR1 forum as well.

So I talked to the head at the Embassy there, who asked why I even wanted to pursue the CR1. I do want to pursue the CR1, and the I-130 is on file at the Embassy. So what should I do? They've pretty much refused to give me the CR1 packet (3) and insist this is still a K3 interview. What do you do if the Embassy is making a mistake? Who do you go to? What's the point of getting approved for a K3 and going through the lengthy K3 AR process if in the end they are just going to say, "Oops, we can't give you a visa because you aren't eligible for one since your I-130 is on file with us. Then we have to start all over? Help! We are following Embassy rules and guidance, and what you are saying completely contradicts what they are saying. Where can I go to print out the law, rule, or regulation so that I can refer the Embassy to it? We can't afford an attorney.

[pushbrk 12,882]

I am confused, because I thought your K3 turned into a CR1 if both were approved by USCIS and both packets arrived at the Embassy from the NVC.

No, a K-3 does not "automatically" change... it is a totally separate process and fee structure

Our CR1 was approved by the USCIS, all fees were paid (including the $70 AOS fee and the $400 Visa fee, as well as the DS-230 fee), and the packet was completed and sent from the NVC to the UAE Embassy.

Now the UAE Embassy has BOTH visa packages - all fees paid on both - both approved by the USCIS and forwarded by the NVC.

Isn't it better to do the CR1 now, since our K3 is in indefinite Administrative Review anyway (despite the amount of documentation I have provided)?

I mean WHAT HAPPENS WHEN THE EMBASSY HAS YOUR CR1 AND YOUR K3 PACKETS AND ALL FEES ARE PAID ON BOTH VISAS?

Sometimes the devil is in the details and terminology. The interview was set up as a K3 interview but once the I-130 is on station at the Embassy or Consulate, the couple technically does not qualify for a K3 visa anymore. So, the K3 interview appointment can be used to interview for the CR1 visa. If you have ANY additional evidence of a bona fide relationship, you have not already sent, send it now. Make absolutely certain they have evidence of the time you have spent together and that you were there with him until just recently.

Hey Pushbrk:

The interview WAS set up as a K3 interview, but the I-130/CR1 arrived at the Embassy/Consulate before the K3 interview took place - still the Embassy conducted the interview as a K3 interview. It was not used as a CR1 interview. I have already provided all of the evidence of relationship to them (although most of it the Consular Officer refused to accept, she simply handed it back to my husband). I resent it all, along with phone bills, emails, and chats since I left the UAE on 11/02/09 and since the interview on 11/12/09. I am very confused. Some people say the K3 Interview can't turn into a CR1 Interview - other people say it can. Can anyone clear this up for me?

Read my post again if you didn't understand, because I already explained it. The interview itself is not any different and/or has no different purpose. It's about whether the requirements are met AND whether the Consular officer believes the relationship is bona fide. DOS policy is to follow the law and the law says a K3 visa cannot be issued when an approved I-130 case file is on station. That doesn't mean mistakes can't be made but in my strong and studied opinion, if any visa is issued at this point, it will be the CR1, not the K3.

If you've sent all the evidence in the latest package, you've done all you can do.

My saved link to the explanation of the policy is no longer taking me to the same page but I'm very clear on the policy and applicable law. There's been lots of discussion on it her and in the CR1 forum as well.

So I talked to the head at the Embassy there, who asked why I even wanted to pursue the CR1. I do want to pursue the CR1, and the I-130 is on file at the Embassy. So what should I do? They've pretty much refused to give me the CR1 packet (3) and insist this is still a K3 interview. What do you do if the Embassy is making a mistake? Who do you go to? What's the point of getting approved for a K3 and going through the lengthy K3 AR process if in the end they are just going to say, "Oops, we can't give you a visa because you aren't eligible for one since your I-130 is on file with us. Then we have to start all over? Help! We are following Embassy rules and guidance, and what you are saying completely contradicts what they are saying. Where can I go to print out the law, rule, or regulation so that I can refer the Embassy to it? We can't afford an attorney.

You husband has already done everything to obtain either visa with the possible exception of missing vaccinations. They don't need anything more from you to issue the CR1 visa. There would be no additional interview. You've already done what you need to do. Now you wait. Is there an echo in here? It seems I've typed that in responses to you several times today.

[Dakine 26]

You have every "right" to get the CR-1. That's what the LIFE Act is all about. Do everything you can to get the CR-1 as you've already paid for it.

As you no doubt know CRs are WAY better than K3s. I'd CALL my senator. The embassy is giving you BAD advice and information.

[Chica Yeyé 41]

You have every "right" to get the CR-1. That's what the LIFE Act is all about. Do everything you can to get the CR-1 as you've already paid for it.

As you no doubt know CRs are WAY better than K3s. I'd CALL my senator. The embassy is giving you BAD advice and information.

Quick comment here --- visas are not a "right"; starting with them being for foreign citizens, not USCs

Terminology is key --- yeah it's tedious and arrogant and obnoxious; but in immigration it counts. A lot.

Visa granting and immigration -including family immigration- is NOT a right.