Denied K1 To Successful C/IR1

[del-2-5-2014 1,339]

How was the next journey for you?

What happened to the old files, etc?

Prefer to hear back from direct actors if possible.

Thanks.

[NigeriaorBust 4,087]

On any second petition the original papers are still available and they will look at that rejection before they approve the second petition. So when the second petition is approved it will mean that the USICS is happy that you overcame what is written as the reason for rejection. If not they will send a RFE/NOIR at that stage. When it get back to the consulate they would be very hard pressed to use the same excuse to reject the new file and are also held to a higher standard of proving a second rejection as the file(s) have been more closely examined in the US. They may give a harder interview looking to make a second rejection or they may just go through the motions and give the visa. Rejections on the second petition are rare and almost always well deserved (one I know of is a man that had gotten bored with waiting to come to the US with a US woman and openly started living with his Nigerian spouse )

[Ebunoluwa 6,136]

Old files stay put and are data crossed checked. Previous CO post notes and memos are looked at closely and will determine approval, RFE or denial for further petitions.

Here is an interesting twist in post #6 in this thread ( some members post numbers are different depending on settings ):

http://www.visajourney.com/forums/topic/394229-appeal-process-i-130/

They were among other things accused of "staging proof" for a CR1 ( after a denied K1 ) which I find utterly ridiculous.

You are required to have proof and when you submit it then they say oh you staged this on purpose...duh !

Reminded me of our CO asking me what made me collect all our relationship evidence (12# submitted) and then said she was not convinced per "gut feeling" that we are bona fide. Refiling a K1 soon. Unfortunately my plans for a CR1 didn't work out which

is another chapter in itself.

Best wishes for your new journey with the CR1.

[del-2-5-2014 1,339]

Thanks for the responses.

On any second petition the original papers are still available and they will look at that rejection before they approve the second petition. So when the second petition is approved it will mean that the USICS is happy that you overcame what is written as the reason for rejection. If not they will send a RFE/NOIR at that stage. When it get back to the consulate they would be very hard pressed to use the same excuse to reject the new file and are also held to a higher standard of proving a second rejection as the file(s) have been more closely examined in the US. They may give a harder interview looking to make a second rejection or they may just go through the motions and give the visa. Rejections on the second petition are rare and almost always well deserved (one I know of is a man that had gotten bored with waiting to come to the US with a US woman and openly started living with his Nigerian spouse )

I haven't been able to ascertain what the actual reason for the denial was. Of course they used the generic "lack of bona fide relationship". Based on what my Spouse related to me, I have a faint idea but it's all speculative at this point.

So since they have to review the old file, I should expect this new petition to take longer than usual?

Old files stay put and are data crossed checked. Previous CO post notes and memos are looked at closely and will determine approval, RFE or denial for further petitions.

Here is an interesting twist in post #6 in this thread ( some members post numbers are different depending on settings ):

http://www.visajourn...-process-i-130/

They were among other things accused of "staging proof" for a CR1 ( after a denied K1 ) which I find utterly ridiculous.

You are required to have proof and when you submit it then they say oh you staged this on purpose...duh !

Reminded me of our CO asking me what made me collect all our relationship evidence (12# submitted) and then said she was not convinced per "gut feeling" that we are bona fide. Refiling a K1 soon. Unfortunately my plans for a CR1 didn't work out which

is another chapter in itself.

Best wishes for your new journey with the CR1.

I watched the serios of YouTube clips and the CO for Morocco hinted that they wanted to see 2 years of relationship.

I met my now Wife in July 2011, filed for K1 in March 2012 (8 months in the relationship), got denied in November 2012 (16 months in the relationship), filed for CR1 in February 2013 (19 months in the relationship). What are your thoughts on this timeline?

[NigeriaorBust 4,087]

Our 2 K1's would be a bad gage of timelines because the first one was on the wrong side of everying filling to beat them raising the price and the system was so clogged. The second petition went quickly, 6 months from filing to interview ( faster than most of the time) But in general the second petition gets looked at closer in the states but if they are happy you shouldn't notice it, they are just comparing the original rejection notes to the evidence you sent now to see if you have overcome the issue. So they read , lack of valid relationship because XXXXX and see if you addressed it. Some of the middle stuff goes faster, you have already passed the check of your background, so that part is faster. Nigeria may or may not be faster. Our second interview they tried to upset Joseph by asking if his father died because he was going to marry a white woman, and they tried to catch him at not knowing what my parents "do" ( He told them they were both deceased and when they pushed for an answer he asked how they know what people in heaven do and they dropped it. If they are suspecious of your relationship ( or just in a nasty mood) you may pull AP so they can send out a field rep to check on things. Our second interview was just before the undie bomber so AP was almost never given in Nigeria.

[del-2-5-2014 1,339]

Couple more things that I thought about.

Age difference: This came up and the CO asked my then Fiancée why she is going to marry someone that is 22 years older than her. She answered that it doesn't bother her and that it is not unusual in our culture. We're both from the same tribe, city, religion, etc.

Does the fact that we then indeed get married, that both our Mothers, siblings on both sides attended our wedding negates this concern?

Front Loading: The strategy I developed and used was to include as part of the I-130 petition, picture albums that contained pictures of wedding reception and meetings from previous years visit and just general living pictures, not ceremonial.

I also included the affidavits from two USC who travelled with me to Nigeria for our wedding and one of which is my Best Man, as well as proof of intermingled finances.

I intend to have another trip to Nigeria which will generate more proof that I will include at NVC stage.

Will all these front loaded packages make it to the embassy and into the hands of the CO?

Thank you.

[LoveNigarmostyle 164]

How was the next journey for you?

What happened to the old files, etc?

Prefer to hear back from direct actors if possible.

Thanks.

Interesting subject of discussion Gowon. I have a similar posted topic to this. Our K1 was a long journey and after three interviews, YES three interviews they denied him visa and told him I should go and get married and file for CR1. They gave him one letter which put us on AP for five months I got the congressman and the senators involved after five months for we were not getting a response from the embassy. My congressman wrote a letter to the embassy and emailed it, two days later we got an interview date. My then fiance went to the interview and after the questioning for a 30 minutes they denied him saying it is for immigration purposes. The comments made at the interview violated my civil rights, so I contacted the senators and wrote to my congressman once again and forwarded the questions which were asked during the interview. Within a week my fiance was called in again and after 30 questions they said he was put back on AP and sent home. They called him the next day and told him he is denied and the petition is being sent back to the USA.

It has been a hell of a journey one that has made us stronger and patient. Now we are married and are in the NVC stage. We have four and half years of proof and relationship which has withstood it all.

If given the option, I would do things differently. I would of used the money I wasted on K1 to take few more trips to Nigeria and then get married and filed CR1. We did not know about VJ at the time we had filed the K1 and since we have like everyone here learned a lot. I hope this time around things go a lot more smoothly. Good luck

Edited March 11, 2013 by LoveNigarmostyle

[Villanelle 4,122]

Yes, when you reapply even if its for something different (going from the k1 to the cr1) it takes additional processing time because they have to go back and review the old stuff to see why you were denied. It should add too much time.

Heres a link to something on VJ although you can use google to find the original article by Ellis because I dont think the OP linked it

http://www.visajourney.com/forums/topic/306483-denials-of-family-based-immigrant-visas-at-consulates-and-dhs-petition-revocations/

Specifically the part about responding to any and all notices about the first petition because if you dont it can cause you issues.

Frontloading at difficult embassies does seem to make a world of difference. It does get to the CO. In fact there is currently a thread discussing that. I believe its titled something like, does the CO know if youre approved before you walk in or something like that.

I believe you will also be able to get the records from your K1 by filing request forms- you can search for the procedures for that. That can help you pinpoint the issues they had.

I believe you might also be able to submit additional items before your interview and successfully get them into the COs hands. Depending on where you are in the process, Darnell would be the one to advise you on such matters.

[del-2-5-2014 1,339]

Interesting subject of discussion Gowon. I have a similar posted topic to this. Our K1 was a long journey and after three interviews, YES three interviews they denied him visa and told him I should go and get married and file for CR1. They gave him one letter which put us on AP for five months I got the congressman and the senators involved after five months for we were not getting a response from the embassy. My congressman wrote a letter to the embassy and emailed it, two days later we got an interview date. My then fiance went to the interview and after the questioning for a 30 minutes they denied him saying it is for immigration purposes. The comments made at the interview violated my civil rights, so I contacted the senators and wrote to my congressman once again and forwarded the questions which were asked during the interview. Within a week my fiance was called in again and after 30 questions they said he was put back on AP and sent home. They called him the next day and told him he is denied and the petition is being sent back to the USA.

It has been a hell of a journey one that has made us stronger and patient. Now we are married and are in the NVC stage. We have four and half years of proof and relationship which has withstood it all.

If given the option, I would do things differently. I would of used the money I wasted on K1 to take few more trips to Nigeria and then get married and filed CR1. We did not know about VJ at the time we had filed the K1 and since we have like everyone here learned a lot. I hope this time around things go a lot more smoothly. Good luck

Yes I am a participant on your thread but I thought I should post this one here. As you know Lagos is a different animal than say Sweden or Britain where the beneficiary mostly just needs to have a pulse.

This issue is dear to me as it was heartbreaking to go through all the process, months of work, all the paperwork, expenses and then 5 minutes in front of a CO they give you some generic BS form of denial.

So all I can do is just sit here while I wait for NOA2 and have sleepless nights and try to read up on this stuff.

Immigration is a government privilege just like any other government privilege and should have clear cut end goal requirements for the citizens.

Like a drivers license, a privilege, to get one, you have to be x amount of years old, do a specific driving test and take a specific written test. At the end you get your license. If you don't they don't give you some generic BS stuff. You failed question #2, and #31, you didn't make a complete full stop, so retake the test.

[LoveNigarmostyle 164]

Yes I am a participant on your thread but I thought I should post this one here. As you know Lagos is a different animal than say Sweden or Britain where the beneficiary mostly just needs to have a pulse.

This issue is dear to me as it was heartbreaking to go through all the process, months of work, all the paperwork, expenses and then 5 minutes in front of a CO they give you some generic BS form of denial.

So all I can do is just sit here while I wait for NOA2 and have sleepless nights and try to read up on this stuff.

Immigration is a government privilege just like any other government privilege and should have clear cut end goal requirements for the citizens.

Like a drivers license, a privilege, to get one, you have to be x amount of years old, do a specific driving test and take a specific written test. At the end you get your license. If you don't they don't give you some generic BS stuff. You failed question #2, and #31, you didn't make a complete full stop, so retake the test.

The more info out there for the VJ members the better. Specially the new comers! I feel your pain and your disappointment as do many of the people who have gone through this journey. I am sorry for the outcome of your K1. I bet you are much wiser and stronger this time around.

Don't get me wrong, I am happy you posted this subject. I just wish more people post a reply instead of just read the posts. Their experiences could help many of us that are still in this journey.

I pray that your outcome is a successful one this time around.

[learningus 6]

The more info out there for the VJ members the better. Specially the new comers! I feel your pain and your disappointment as do many of the people who have gone through this journey. I am sorry for the outcome of your K1. I bet you are much wiser and stronger this time around.

Don't get me wrong, I am happy you posted this subject. I just wish more people post a reply instead of just read the posts. Their experiences could help many of us that are still in this journey.

I pray that your outcome is a successful one this time around.

I am posting because we had a similar experience, was denied at embassy in for k1 for lack of bonafide relationship. We married in 2012 and now at the NVC stage. Our i130 took 10 months at vsc before approval. Two days after approval, I received a letter saying that our k1 has been closed and free to re file. Good luck I am sure everything will be just fine.

[Ebunoluwa 6,136]

I believe refiling with a CR1 rather than another K1 is much more solid and there is the fact that even with a potentially returned CR1 you get the chance for a rebutal. CSC intentionally let's all retunrned K1's sit in storage and then expire.(VSC at least reaffirms. These 2 ways of handling returned K1's by the 2 service centers is BS and makes no freaking sense and really pisses me off.

Unfortuneatley marriage on my recent trip though expected was impossible due to northern Cyprus marriage application BS so here we go filing another K1 soon.

Current K1 processing is 7-9 months.

Gowan I believe you have all your ducks in a row and will be approved this time.

[del-2-5-2014 1,339]

I believe refiling with a CR1 rather than another K1 is much more solid and there is the fact that even with a potentially returned CR1 you get the chance for a rebutal. CSC intentionally let's all retunrned K1's sit in storage and then expire.(VSC at least reaffirms. These 2 ways of handling returned K1's by the 2 service centers is BS and makes no freaking sense and really pisses me off.

Unfortuneatley marriage on my recent trip though expected was impossible due to northern Cyprus marriage application BS so here we go filing another K1 soon.

Current K1 processing is 7-9 months.

Gowan I believe you have all your ducks in a row and will be approved this time.

Thanks Gods Blessings.

[pascanda 13]

Gowon, I'm there with you. We had a denied K-1 and got married in July. I just filed our I-130 in February. Good luck to you!

[X Factor 1,112]

Gowon, I'm there with you. We had a denied K-1 and got married in July. I just filed our I-130 in February. Good luck to you!

Good to see you didn't give up on love. Keep us updated as to your progress over the next few months.