From failed K-1 Visa to CR-1 visa

[eddieangie 0]

So Angie and I filed for a K-1 Visa last year, we paid a lawyer about $2,500 to get everything done. when the petition was approved I was involved in a bad car accident and was unable to continue with the process (we had some communication issues as well and decided to stop the petition temporarily) well, it appears that the whole was canceled and so was the petition... fast forward 6 months or so, I called my attorney to ask him if we can re-open the petition and says no, he tells me I now have to travel to Colombia and marry Angie in order to bring her here, my K-1 petition cannot be reopen and if it could I would have a lot of trouble explaining why we didn't moved forward after the petition was approved

Well, I traveled to Colombia and married Angie (this should remove any issues of validity of our relationship) now we are ready to start the CR-1 process and cannot afford to pay another $2,0000 (my lawyer said he did his job but we didn't move forward so we start from 0) we have been reading all the guides but my lawyer informed that now I have to explain why we didn't move forward with the K-1 petition before we even start the CR-1 process, please any help will be greatly appreciated

Eddie and Angie

[Filipinawife0210 15]

On the I-130, it asks if you have ever filed a petition for the beneficiary before. I am in a similar situation. I filed a K-1 for my wife in '08, but due to finances, and military "obligations" I couldn't press forward. I am going to type up a letter to include with the I-130 petition that explains why we didn't move on the K-1 petition. If yours was cancelled outright, I don't see as it would be a problem. Mine is still showing up ini the USCIS website as post approval action status...so, I may just write to the USCIS, and tell them to cancel. All of this info is littered throughout the site. Just search the entire forum for it. Tons of good info on here! Good luck!

Edited April 22, 2010 by Filipinawife0210

[Bernie C 24]

Damn Attorneys

#1 you could have filed an new K-1 and you had a perfectly explainable reason why the first one was not completed. Anyway that is water under the dam.

You are now married congratulations.

#2 Kick that lawyer in the A*s and forget about him. Read the guides, file the CR-1 and don't pay that guy another penny ever.

File the I-130 - when you get to Part D, Question 2, check yes and tell them what happened. If you need more space add it as a supplement. You have to tell them before you apply, it will be covered under this question.

Keep this in mind - you were not denied and never failed.

Thank god you are ok now and are able to pursue you love and happiness together.

[Twisted K 2]

we filed for the k1 and got denied. after more preparations, and sending over 11 lbs of evidence, plus a marriage license, we were approved the cr1 visa. he is home with me now. so, although you did not make it to the interview process, i highly recommend going into great detail (pages if necessary) explaining why you did not continue with the k1. when i filed, i sent in a 5 page affidavit detailing our relationship and timeline. i also included affidavits from his side (india family and friends) and affidavits from my side (family and friends).

[Jewel-8 21]

Well, I traveled to Colombia and married Angie (this should remove any issues of validity of our relationship) now we are ready to start the CR-1 process and cannot afford to pay another $2,0000 (my lawyer said he did his job but we didn't move forward so we start from 0) we have been reading all the guides but my lawyer informed that now I have to explain why we didn't move forward with the K-1 petition before we even start the CR-1 process, please any help will be greatly appreciated

Eddie and Angie

You might also find more advice in the Latin America, Mexico and Carribean Forum. Especially regarding the interview. Some countries have interview processes that have better endings when the USC accompanies the non-USC spouse. I'm not sure if Columbia is that way, but it's worth looking into if it will help your case out.

http://www.visajourney.com/forums/forum/96-latin-america-mexico-the-caribbean/

Good luck!

[Darnell 8,479]

Damn Attorneys

#1 you could have filed an new K-1 and you had a perfectly explainable reason why the first one was not completed. Anyway that is water under the dam.

You are now married congratulations.

#2 Kick that lawyer in the A*s and forget about him. Read the guides, file the CR-1 and don't pay that guy another penny ever.

File the I-130 - when you get to Part D, Question 2, check yes and tell them what happened. If you need more space add it as a supplement. You have to tell them before you apply, it will be covered under this question.

Keep this in mind - you were not denied and never failed.

Thank god you are ok now and are able to pursue you love and happiness together.

Ditto this - I'd throw down the same advice.

You might want to verify the K-1 petition status, soonish, as well, with NVC.

[Minya's wife 25]

So Angie and I filed for a K-1 Visa last year, we paid a lawyer about $2,500 to get everything done. when the petition was approved I was involved in a bad car accident and was unable to continue with the process (we had some communication issues as well and decided to stop the petition temporarily) well, it appears that the whole was canceled and so was the petition...

What do you mean by the petition was canceled? Did you withdraw it? What stage were you at, in the process when you decided to stop 'temporarily'?

fast forward 6 months or so, I called my attorney to ask him if we can re-open the petition and says no, he tells me I now have to travel to Colombia and marry Angie in order to bring her here, my K-1 petition cannot be reopen and if it could I would have a lot of trouble explaining why we didn't moved forward after the petition was approved

Well, I traveled to Colombia and married Angie (this should remove any issues of validity of our relationship) now we are ready to start the CR-1 process and cannot afford to pay another $2,0000 (my lawyer said he did his job but we didn't move forward so we start from 0) we have been reading all the guides but my lawyer informed that now I have to explain why we didn't move forward with the K-1 petition before we even start the CR-1 process, please any help will be greatly appreciated

Before you rush off and file your I-130, do you have confirmation that your initial I-129f has been 'closed'?

Read this http://www.ilw.com/articles/2006,0323-ellis.shtm, paying close attention from the 2nd half on, from the section that starts with "Lawyers - Be Careful Here!"

I don't know what was the exact processing in your case, but from what you say, your lawyer does not seem to be the sharpest tool in the shed. As for DIY-ing your spousal petition, it is do-able. Good luck,