K-1 vs CR-1 dilema

[jjpgyitr4evr 6]

I wan to ask a question and more so an opinion as well about my specfic situation. I am trying to decide whether or not to do a k-1 or cr-1 visa for my fiancee. See he tried 12 yrs ago to enter the US on a freight boat from Dominican Republic and was caught at the POE before he was able to get in. He was asked his age and gave a false date of birth stating he was a minor at the time, which in reality he was not. So long story short he was sent back immediately within 3 days and never went before an immigration judge when he was caught or given a A# all they did was finger prints and a photo. So here we are 12yrs later and I want to bring him here to be with me. We filed a FOIA 1 month ago and it came back fairly quickly stating "no records found". I find that hard to believe because he was finger printed and photographed. But as i said they found nothing based on the information given to the best of his ability to remember. So with that being said here comes dilema #2. I was recenly finalized my divorce in February, and according to Domnican Marriage Laws I must wait 10 month before I remarry, but I also read on the dominican consulate website that the civil judge has the final decision to waive any of those requirements and approve to marry the couple. One of the ways is by me presenting a blood pregnancy test and a waiver called "una dispensa" done with a notary in DR. So With all this information in my head Im totally confused as to which method I should use and which would be best for our situation, because if denied for either visa he can apply for a I-601 waiver of inadmissability. But then I ask why would they deny the visa if no records were found with the FOIA. And so my dilema is that. What should I do??? I want him here asap but I also want to do things the right way and best way for us. If anyone can shed some light on me or suggest anything I would so greatly appreciate it....

[MedRoni 161]

They do fingerprint when interviewing at the embassy for a visa and again when entering the US on a visa. Matched with the past fingerprints he could be denied a visa very easily. They will then know he lied about his age. This is really where your problem lies.

The Cr1 vs a K-1 is more for preference on timing, if you want him to work as soon as he gets here or not, cost, etc. You have a bigger issue to deal with. I am sorry but I have no advice on proceeding with this as I would assume a lawyer might be a best route.

[jjpgyitr4evr 6]

Thanks Roni...I figured it would be that way too, I just dont understand why nothing was found in the FOIA. Also I do have a lawyer I have paid money too IN FULL that i cant get back and he has pretty much helped me 0,,,none,,,,nada....he just basically told me to do it the way i wanted to...WTH?? ya know....Im just lost...ugh!!

[reese1 68]

Not saying it is impossible but unless you can come to the DR and stay for sometime AND spend some mone it may not be that easy to get the waiver to get married right away. And from what I have experienced here. The websites will say one thing and the so called professionals are clueless. As another poster stated the FOIA may show nothing but when they do the fingerprints it will. You need to find a better attorney to assist with. Because no matter which way you go you are looking at a long wait to get him to the US.

Best of luck to you!

[Inky 1,110]

Moved from K-1 process forums to general forums as this is not a specific K-1 process issue but the OP trying to decide what rout to go.

[MedRoni 161]

Thanks Roni...I figured it would be that way too, I just dont understand why nothing was found in the FOIA. Also I do have a lawyer I have paid money too IN FULL that i cant get back and he has pretty much helped me 0,,,none,,,,nada....he just basically told me to do it the way i wanted to...WTH?? ya know....Im just lost...ugh!!

I can see where he would say it is your decision to do what you want regarding a fiance vs CR1.

But the big issue regarding your fiance trying to enter illegally, telling a lie regarding his age and being sent back needs the lawyers help. Make sure he is fully aware of all the details and ask him how he is going to handle this subject if you have already paid him and cannot get it back.

I also agree with reese1 by the way, settle in for a long run. It is a long stressful process on a good day with an easy case!

[GodsGift225 54]

I must agree with the prior posts, you will be in for a long one, especially knowing he liked to an IO and had his prints, and photo taken, will be staying on file. And the day of the interview they also finger print you there.

It's a difficult sitution that at the moment you main obtion is to consult with a legal speciality who has actually done this type of work in the past, you will invest lots of money in this process, and above all time... So continue to do your reserch and see where it leads you and how much you will be investing in this situtions, if not look at your other options... Have you consider maybe moving to DR?

Well I hope and pray you can resolve this situation, and wish you the best of luck!

[Harpa Timsah 13,258]

So the only way to marry now is to get pregnant? That doesn't seem smart to me... to get pregnant just to get around the laws of DR. Your fiance probably has a long road ahead of him and you'd be pregnant all alone and maybe raising a baby alone for a while.

Why don't you just apply for the fiance visa? You can also submit a waiver for a fiance.

[Frances&Bryan 6]

So the only way to marry now is to get pregnant? That doesn't seem smart to me... to get pregnant just to get around the laws of DR. Your fiance probably has a long road ahead of him and you'd be pregnant all alone and maybe raising a baby alone for a while.

Why don't you just apply for the fiance visa? You can also submit a waiver for a fiance.

that's not what the OP is saying.

the laws in DR state that a woman has to be divorced for atleast 10 months before remarrying to a different man. The reason for the pregnancy test is to make sure the WOMAN is NOT pregnant from her PREVIOUS marriage, thats if the judge is granting that waiver and will let the woman remarry before the 10 months...