denied k1,approved i-130

[Blackshine 3]

Here is my story

am so confused and really scared. Need some advise fast because I'm losing my mind. Last October, My K1 petition was denied at the US Embassy in Kingston Jamaica.

It was sent back to USCIS they received it on October 4,2011 three days after we got married,

The K1 was approved 6 months after submission without RFE's at VSC. No reason was given to me verbally nor in writing

when my husband called DOS/USCIS they say they thought we were already married,but how could that be when i submitted a non-impediment certificate.

When I went to the interview they ask me if this would be our first marriage yes.

CO-where did you live while you were in the US- I stayed with my ex-boyfriend- CO- so you were with an American boyfriend when you met your fiance -yes

CO-How long did your fiancee visit for -2days-he was just coming from Africa

CO-how many times did u visit the US-3-CO-NO wonder your B1/B2 VISA,the visa was for 1 year.

CO-DOES HE HAVE CHILDREN-YES-co-HOW MANY-2

CO-where did you go while in the us-

CO-What does he do for a living

CO-WHAT is his telephone number-I only remembered the 1st. 3digits

CO-When was the last time you saw him-he is outside

Evidence presented at interview:

Pictures with family and friends

Phone record

western receipt

tax papers

everything they ask for

Well anyway, we got married 3months later. We did know they sent the case back to USCIS WE never received a notice,but i see on USCIS site saying that on October 4 2011 USCIS had received my file back from the DOS for review and that they would contact me if they needed anything.(It does not say intent to deny or Revoke anywhere, just back for review) until today IN January 2012,we sent in I-130 application,they sent a letter that my husband should appeal,he wrote a letter that he is now married and is no longer interested in that case.

[Dave&Roza 748]

Do you know why the Embassy denied your K-1 visa? If the Embassy thought that the K-1 was being used for immigration purposes then they will still think the IR-1/CR-1 is being used for immigration purposes. You will have to show that the marriage was entered into for reasons other than to immigrate to the US. You will have to show a strong marriage and will have to know more details about each others lives. More visits for longer periods.

I would find out the actual reason the K-1 was denied as you will have to over come that before the spousal visa is approved. USCIS does not see marriage as a cure-all for what was wrong with the fiancee visa.

Good luck,

Dave

[Cathi 5,794]

you cannot file a cr1 with a k1 still pending. just because you flied an i130 does not mean you will be approved merely because you are now married. you need to find out why the k1 was denied.

[Blackshine 3]

you cannot file a cr1 with a k1 still pending. just because you flied an i130 does not mean you will be approved merely because you are now married. you need to find out why the k1 was denied.

i HAVE ALREADY BEEN APPROVED AND THE CASE WAS SENT TO NVC

[Jamaicancricket 38]

i HAVE ALREADY BEEN APPROVED AND THE CASE WAS SENT TO NVC

I think we're confused. If I'm reading this correctly, the original file was a K1 but was denied. So, then you decided to get married and then filed CR1? Is that correct?

Edited July 12, 2012 by Jamaicancricket

[Blackshine 3]

Do you know why the Embassy denied your K-1 visa? If the Embassy thought that the K-1 was being used for immigration purposes then they will still think the IR-1/CR-1 is being used for immigration purposes. You will have to show that the marriage was entered into for reasons other than to immigrate to the US. You will have to show a strong marriage and will have to know more details about each others lives. More visits for longer periods.

I would find out the actual reason the K-1 was denied as you will have to over come that before the spousal visa is approved. USCIS does not see marriage as a cure-all for what was wrong with the fiancee visa.

Good luck,

Dave

Thanks you Dave.

He came twice since we have been married,We were married in October 2011,

When my husband called USCIS they told him that they think we were already married

But how can i find out the reason for the denial?called DOS THEY TOLD ME THEY HAVE NO CONTROL OVER THE CASE AS THE ALREADY SENT IT TO uscis-CONFUSED

[Blackshine 3]

I think we're confused. If I'm reading this correctly, the original file was a K1 but was denied. So, then you decided to get married and then filed CR1? Is that correct?

Yes that is correct.and the CR1 HAS BEEN APPROVED.

[SlimT&R 2]

you cannot file a cr1 with a k1 still pending. just because you flied an i130 does not mean you will be approved merely because you are now married. you need to find out why the k1 was denied.

You CAN file a CR1 after a K1 is denied. And she did say the CR1 was approved. Only thing is it would have been nice/good to know why they denied the K1.

[TBoneTX 46,195]

Old thread is now closed to further comments.

A recent post has been split, moved to the CR-1 Process forum, and given the topic title "How to Bolster I-130 Filing after Denied K-1? [split topic]."

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