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DirtyHarry

Starting Spouse Visa

By DirtyHarry in IR-1 / CR-1 Spouse Visa Process & Procedures

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DirtyHarry Enthusiast

DirtyHarry   5

Posted
Filed: Country: India
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Posted

Hello,

I am painfully starting to look at the spouse visa filing process. I will be going to India next month to get married. I had previously filed a K1 spouse visa that was rejected in March 2013 due to to consular officer not accepting our relationship as genuine.

My questions:

Can you guys give me some links about the process?

I did the whole K1 process myself. Do I need to go through a lawyer or can I do the process myself as I did for K1?

I plan to file a K3 along with the IR-1.

Any help is appreciated.

Regards,

Harry

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Inky Grand Master

Inky   1,110

Posted
Filed: Citizen (apr) Country: Canada
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Posted

K-3 will be a waste of time/money.

Just file the CR-1, You are not eligible for an IR-1 as you have not been married for over 2 years.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Penguin_ie Grand Master

Penguin_ie   5,994

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Filed: Citizen (apr) Country: Ireland
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Posted

The Guide will tell you what you need in terms of documents, process etc: http://www.visajourney.com/content/i130guide1 As Inky said, forget about the K3, it is obsolete.

Why exactly was your K1 denied? Simply getting married may not remove that issue.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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DirtyHarry Enthusiast

DirtyHarry   5

Posted
Filed: Country: India
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The denial code they gave was "212(a)5(A),9FAM40.1NFA - invalid immigrant visa or fiancee petition." Means they did not believe your relationship is genuine. They do not believe you are legitimate fiances.

My thread from that fateful day is here: http://www.visajourney.com/forums/topic/418058-k1-petition-rejected/

I spent money talking to 3 lawyers and they all said I have to get married and let the K1 petition expire.

How about the question of filing on my own? Any thoughts on that?

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Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
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Posted

How about the question of filing on my own? Any thoughts on that?

You can file on your own if you wish to do so.

Also how soon after I get married can I file the CR 1? Can i file it a few days after I get married?

Yes, as long as you have the marriage certificate in hand (a copy of the marriage certificate is required to accompany the petition.).

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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DirtyHarry Enthusiast

DirtyHarry   5

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Filed: Country: India
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Thanks all. The initial filing looks deceptively simple. My fiancee has a daughter. My guess is that I will be filing a separate I-130 for her. Do we do front loading with these forms where I can send some relationship proof? Or is that not needed? Should i submit marriage pictures too?

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Penguin_ie Grand Master

Penguin_ie   5,994

Posted
Filed: Citizen (apr) Country: Ireland
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Posted

Yes, separate I-130 for the daughter. You can send it in the same envelope so they stay together.

Considering the previous denial, front oading is a good idea.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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