k1 denied, now married should i file 130 alone or w/145?

[Shoot Em Straight 385]

My fiance was denied at Casablanca she found our relationship not bona fide

It seems the decision was already predetermined with the history of the consulate.

Just got back from espousing my Moroccan HUSBAND!!! It was my 3rd visit and we were married through the

Adoul...now my question

Do I just file the 130 alone for it was already costly with the fiance visa and the extra travel to marry...or do I have to file with the 145? I am willing to live there if he cannot come here...but i have my home and family here and pray to God this is his will.

I am again in new territory but not as naive as before thanks to the lovely consul officer in Casablanca!

Please someone help me before i file and my heart needs it soon. smile

Respect

[ceadsearc 516]

You wouldn't file a 485 as that as for adjustment within the country. You would be filing for a spousal visa which is a CR-1, so follow the VJ guides for that. They will know about the K-1 denial, though, and you will have to overcome the hurdle of the denial and the assumed fraud. Hiring a good immigration attorney might not be a bad idea.

[ceadsearc 516]

Oops, misread - I see you said 145 and not 485. I'm not sure what a 145 is but either way you are going for a CR-1 now. Hopefully someone can provide you with more help regarding the 145. (Sorry, can't edit this post.)

[inloveVEN 46]

Hi

sorry for that.

now you should follow the IR-1/CR-1 path.

se in guides tab here there is a good explanation about how to do it. VJ's Guides

[souleymon 27]

did u guys get married B4 his K1 interview

[milimelo 4,477]

Moving to CR-1 visa as that's what OP will be doing.

OP, you still need to overcome whatever reasons they put in the K-1 petition/visa denial. You also want to withdraw that in case they send you the NOIR on that petition (can take a while).

[Shoot Em Straight 385]

HI

It was do i choose the k3 or Cr1??? The denial was never actually stated why except she did not believe we had a bona fide relationship...I am older, we met online, He did not know what city my best friend lived in Northern California...and how can I have children at my age. The outcome seemed predetermined before the interview...with out sounding bitter. I am not, it just would have been so much easier to appeal while the papers were there and give her the additional info she needed. I would have been with my man at this moment.

But I got to see Morocco again and converted in October...God works in great ways. And we are married.

Did not know the best way to file with the K3 or Cr1.

Thank you for all that take the time to answer

It is so reassuring on VJ

S

[Shoot Em Straight 385]

did u guys get married B4 his K1 interview

NO

he was interviewed in July then i flew sept to marry

Hi

sorry for that.

now you should follow the IR-1/CR-1 path.

se in guides tab here there is a good explanation about how to do it. VJ's Guides

thank you i now know where the guides are and am reading reading

Oops, misread - I see you said 145 and not 485. I'm not sure what a 145 is but either way you are going for a CR-1 now. Hopefully someone can provide you with more help regarding the 145. (Sorry, can't edit this post.)

yes confusing...the 145 is just an email notification...it was k3 or cr1 I was asking of

thank you kindly for your replies

[ceadsearc 516]

The CR-1 is a better option. The K-3 is effectively dead; it costs more and is no longer quicker. With the CR-1 your spouse will be a resident from the moment he enters the country, with a K-3 he will have to apply for adjustment of status in America which will take an additional 4-6 months during which time he cannot work, etc.

[Shoot Em Straight 385]

The CR-1 is a better option. The K-3 is effectively dead; it costs more and is no longer quicker. With the CR-1 your spouse will be a resident from the moment he enters the country, with a K-3 he will have to apply for adjustment of status in America which will take an additional 4-6 months during which time he cannot work, etc.

Thank you kindly for taking the time to answer I too think this is the way to file now

[Taurusgirl 1]

Definitely CR-1 Visa as you are married already, best of luck for your journey!!

[Leatherneck 693]

HI

It was do i choose the k3 or Cr1??? The denial was never actually stated why except she did not believe we had a bona fide relationship...I am older, we met online, He did not know what city my best friend lived in Northern California...and how can I have children at my age. The outcome seemed predetermined before the interview...with out sounding bitter. I am not, it just would have been so much easier to appeal while the papers were there and give her the additional info she needed. I would have been with my man at this moment.

But I got to see Morocco again and converted in October...God works in great ways. And we are married.

Did not know the best way to file with the K3 or Cr1.

Thank you for all that take the time to answer

It is so reassuring on VJ

S

OP be ready to respond to any NOIR (Notice of Intent to Revoke) as a result of that denial, you have a pending 212(a)(6)©(i) in the beneficiary file. If you do not respond it becomes a misrepresentation in the file.

Resulting in a nasty surprise when your husband gets denied at his next interview.

Edited November 4, 2011 by Leatherneck