refile K-1 or get married?

[pascanda 13]

For those of you who have filed K-1 and been denied, what was your next step and what was the outcome? If you refiled K-1, were you approved the second time? If you got married and filed CR-1 were you approved after denial of K-1? If you filed CR-1, how long before you filed after getting married?

[1love 2]

Not sure how to advise you though, but we were denied k1 last year due to our own personal negligence and we are still waiting for NOIR/NOID for 8mths now. We have moved on to the cr-1 and still waiting. We are October 2011 filers.

Maybe someone else who have passed through both stages will be able to advise you better.

All the best.

The other questions about waiting after marrying to file is a personal choice. I do not think it is engraved how long to wait before you refile.

[favored 31]

here's what i've gathered from readings: as the above stated, you first have to wait for USCIS to get ur case back and then get back to you on their decision. i've read that it can take 7-9months. If USCIS feels you are good,(or ask you for more proof) they'll return it to embassy to give you another interview (3-4months add). if not, then the K-1 will be voided. Rather than wait, i've recently seen couples just go right to the CR1, which will immediately end the K-1. As for it the CR-1 will then be approved, it all goes back to the interview again and what the CO/consulate has on record. some are successful and some are still not. the issue/reason CO used to deny the K-1 initially would still need to answered and verified by your man. It also depends on what the consulate has written on their files. I've read where a couple is still in almost 2yrs waiting for a second interview as a CR-1 couple (that doesn't include the time on the denied K-1). By the way, have you asked/emailed the consulate to give you a record of what happened at the interview? you would need to know in future preparation.. all the best... pray and then trust ur mind.

[NigeriaorBust 4,087]

We did 2 K1's and passed the second time ( even with the stupid CO asking if his father died because he was marrying a white woman ) We did NOT wait to hear on the first K1 but filed the second on the assumption that the first had expired.

[AlexBa 5]

We were denied K-1 Visa last year July. We married 9-1-2011 and are now going the I130 spousal visa route. I am filing our petition this month so we waited about 5 months before filing again. This allowed me another trip to Nigeria to visit my husband and for us to take a trip together to visit family and friends. Also to make necessary name changes . Of course we forgot to get a "certified" copy of our marriage liscence the first time so had to do that on last trip. LOL. My next trip will be when my husband is scheduled for his interview or for our 1st year anniversay, which ever comes first! Be an awesome anniversary gift for him to receive his Visa!! Hope this gives you some more things to think about. Whatever route you decide to take make sure to discuss with your fiance. Wishing you success for the future!

[pascanda 13]

@Favored....When I went to the Embassy on Monday, I asked the Consular for a transcript of the interview and to know the exact reason for the denial. He was of no assistance. Just stated that visa was denied because my fiance was not convincing enough. He said that the case has been closed at the Embassy and is now the property of USCIS. Stated I would need to contact them to get a copy of the memo of why the visa was denied. I asked if getting my Congressman involved would help and he stated they'd tell him the same thing.

[favored 31]

usually they should give u a review but i guess they didnt want to cooperate.. they still hv da case file though cuz it takes about a month before they send it to NVC and then to USCIS.. from da insider review i got on ur fiance's interview and questions asked of him, it is gonna be a tough going on watever ur nxt step is BUT nothing is impossible.. just need God and if u hv the energy and time to spare. dnt let them or anyoneis discourage ur nxt moves whether its congressman/senator or even president.. its ur relationship n mind u shld trust. i just read a VJ story on da main page 2day on a couple still strugglin with approval from embassy in DR even after doin CR1 and paying a lot of lawyer fees.. so its up to u.. but i suggest to be prepared and rethink da next steps and dnt do it alone.. hv u and ur guy be each others critic and devils advocate on each step.. are u back in country? all da best

[pascanda 13]

@Favored, thanks so much! I'm still in Nigeria and will be here till the end of the month. Our bond and love is strong and we'll see it through!