CR-1 Visa after K-1 denied

[baretony 1]

We were denied for K-1 visa in Feb 1. Reason for immigration purpose only.

Now before I left Nigeria we got married in the court (registry) now we are husband and wife getting ready to file for spouse visa CR1

Now my question we just find out on the marriage certificate that they wrote (single) on my status instead of Divorced. Because I was married before but divorced and have a divorce decree. Please advise should we go back and try to change the certificate of just file with what we get? Is that going to raise any issue on the day of interview?

[Ryan H 3,812]

A word of caution, even though you are now married and are planning to start the CR-1 process, you could still receive an NOIR from USCIS regarding the K1 petition. If such a notice is received, the specific points on it must be rebutted. Failure to respond to an NOIR will result in a mark a misrepresentation being placed against the beneficiary which will adversely affect the CR-1 petition you are planning to file.

To answer your question regarding the certificate, since a divorce decree is required to be submitted if previously married, a CO would already have access to that information. Whether or not it's necessary to amend the certificate, I will defer to someone who can give a Nigeria specific answer on that issue.

[baretony 1]

Thanks Ryan

but to be spesific what is NOIR and if I get the notice how can it be rebutted.

thanks

[Ryan H 3,812]

Thanks Ryan

but to be spesific what is NOIR and if I get the notice how can it be rebutted.

thanks

NOIR = Notice of Intent to Revoke

As I previously mentioned, the notice will specifically state why it has been sent. This is usually a chance for people to see the specific reasons why a CO made the decision they did. It is these specific reasons that must be rebutted and an NOIR rebuttal would have to be submitted by the deadline that is on the notice. The notice should state where the rebuttal would be sent to.

Receiving an NOIR is only one possibility. There are two other outcomes that could happen with the K1 petition. USCIS could simply re-affirm it with no action on your part needed and send it back for another interview. If that were to happen in your case specifically, you would have to withdraw that petition because you are now married and your spouse is no longer eligible to apply for a K1 visa.

This is the most likely outcome, USCIS simply lets the petition expire and they tell that you are free to start over from square one.

[chinna 5]

When I want to get my lincence from the govt.. The first man that attended to me wrong single,and I told the woman that issue the final lincence that I was once divorce she change it with reason that the embassy may come for check... I think to be at the safe side have it change now... considering the problems ahead... Goodluck

[baretony 1]

Thanks

[Olomi_811 130]

Congrats on the marriage! :dance: I don't think that will be a problem since you do have the divorce decree and technically you are single or FREE TO MARRY. That is what is most important.

[NigeriaorBust 4,087]

In Nigeria you have to be careful you properly posted the marriage bonds before getting married. Many who don't have trouble at the Cr1 interview. The people at the office are usually happy to take some money and just issue the licience but the US embassy tends to want to see that every hoop was properly followed. Also if they thought you weren't bonefide as unmarried , being married means you need more proof. Just getting married doesn't mean much. A marriage certificate is just a cheap paper to fake a relationshionship for those wanting to commit fraud and Lagos knows this. You will now need co mingled proofs to pass.

[DaveE 178]

You will have to overcome the same reasons that your K1 was denied. If they thought the fiancee visa was for immigration purposes then they most likely will think the same about the marriage. Lots or relationship proof will be necessary.

[Gaijinsan 3]

You will have to overcome the same reasons that your K1 was denied. If they thought the fiancee visa was for immigration purposes then they most likely will think the same about the marriage. Lots or relationship proof will be necessary.

Exactly... what has changed that would lead them to believe that your marriage is not for the purpose of immigration?

I suggest that a legal consultation is in order.

[Inyang Loves Dee 2]

We were denied for K-1 visa in Feb 1. Reason for immigration purpose only.

Now before I left Nigeria we got married in the court (registry) now we are husband and wife getting ready to file for spouse visa CR1

Now my question we just find out on the marriage certificate that they wrote (single) on my status instead of Divorced. Because I was married before but divorced and have a divorce decree. Please advise should we go back and try to change the certificate of just file with what we get? Is that going to raise any issue on the day of interview?

I married in Lagos, at the Ikoyi Registry. When did you notice the error? The reason I'm asking is, that "error" should have been notice on the day of your Registry wedding. My husband and I was given the opportunity to "review our certificate" (prior to the ceremony), to make sure EVERYTHING was correct. That have to be corrected. IF you filed for divorce in the U.S., USCIS will catch that error during your paper work. My suggestion is ... get it corrected

Edited February 22, 2012 by Inyang Loves Dee