K-1 to CR-1, Lawyer or Not?

[Ochili 21]

For those that weren't successful with the K-1 and went the CR-1 route: 1. Did you use an attorney for the CR-1? If you did use an attorney, did you find the attorney beneficial or not? 2. How did you prepare differently when filing again?

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

We did not use a Lawyer.

We did a customary wedding according to local culture, I added my Wife to everything possible from 401k to life insurance, joint bank account, joint vehicle registration, pictures, affidavits from USC who travelled to attend our wedding, etc

Good luck.

[Ebunoluwa 6,136]

I had an attorney for my K1 which was returned. I hand picked the attorney from a well known web site out of a list of 40 and he came with

recommendations. I made phone calls and send emails to ask tough questions I knew the answers to and weeded out the ones who were

clueless. I ended up firing the attorney I picked too. He did not want to work as a team but do some bull headed things I knew where not beneficial.

I am re filing a K1 and not a CR1, reason being is a long story I don't want to bore you with.

I will submit the next petition with meaningful front loaded relationship evidence. I hit on all points I

feel the CO was unsure about. You have to get in their head and figure out why they refused the visa in order to overcome

what was weak in the first petition.

It really depends on the reason of why you weren't approved to get an attorney or not. If there was misrepresentation involved just

for an example then yes, you will need a lawyer. If it was just a blanket denial as in : For immigration benefits only and they didn't

believe you have a bona fide relationship then you don't need a lawyer.

I see most re filings with a CR1 succeed here and even if they return it again you then have the chance to rebut to the NOIR/NIOD

letter whereas with a K1 it would expire again.

[Ochili 21]

Thank you for your replies. The CO didn't believe that the mother of my husband's children was deceased due to the date the death certificate from the NPC was requested and issued. I think I'll do a one hour consult, ask my questions then decide whether to use an attorney or not.

[Ebunoluwa 6,136]

Thank you for your replies. The CO didn't believe that the mother of my husband's children was deceased due to the date the death certificate from the NPC was requested and issued. I think I'll do a one hour consult, ask my questions then decide whether to use an attorney or not.

What did the CO write on the 221g paper, what box was checked ?

If "misrepresentation" is written on it or a combination of letters and numbers please post them.

If they mentioned misrepresentation which carries a lifetime ban then you need the best lawyer money can buy.

If they just didn't believe you and gave the reason as "For immigration purposes only" then you may not need one though a

consultation with a good lawyer would be wise.

So the answer is in how they worded the reason to him and wrote it on the paper.

Was the death certificate very recently issued ?

Sometimes people do not pursue a death certificate issuance in certain countries because they think they do not need it.

Then they want to immigrate and realize they need it and therefore the late issuance date, which gets scrutinized by the consulates.

The embassy's perspective is that he may be hiding a wife. Did they do any AP and home investigations ?

[Ochili 21]

The first sheet was a 221G requesting the document. The second sheet after 7 months of being in AP (and them holding his passport the entire time ) states this:

On the basis of documents submitted to us, together with answers to our questions during and after your original interview, this office has determined that the I-129F petition filed on behalf of you fiance is not clearly approvable .

It's the standard sheet but an actual letter. The interview was in November 2011 and the death certificate was requested in December 2011. But we were also told by the embassy that they didn't do any document verification on our case. My husband lives in South Africa but is from Nigeria. Basically, the embassy in Nigeria told the SA embassy they had their own backlog and weren't going to do it. By the time they gave us the second sheet our case was 2 or 3 days from expiring. The letter also states that the case would be returned to NVC. I haven't called in a while but last time I called it had NOT been sent back to NVC.

I know the embassy thinks he's hiding a wife but he's not. I can take them to the place she's buried and they can exhume the body if they'd like. They just better not charge me for it!! Until we turned in the death certificate everything seemed to point to approval.

[Ebunoluwa 6,136]

Sounds like they can't proof a misrep and the wording "is not clearly approvable" then

puts the burden on your fiance to submit some other evidence to make it 'clear' to them and remove their suspicion.

You would probably have to overcome the same hurdle with a CR1.

What other proof could be submitted ? Perhaps sworn affidavits from doctors, hospital, family members or the place itself that

issued the death certificate, I don't know.

All that could further lead to long AP again as they would verify everything unless you get lucky.

The CO could have certainly and easily extended the validity, it need not expire at the foreign post.

If returned it should have arrived back at USCIS by now and you should have received a letter saying it expired there.

Call USCIS to get the letter. It can take 6 months to receive the letter from the time it has been returned.

Call DOS and ask them where the heck your petition is.

Then figure out how else to convince them of the death and file the CR1.

[Ochili 21]

Thanks for all your input Ebunoluwa. I think we'll try to get something from the hospital to send.

I haven't received anything at all from USCIS, NVC or DOS. I'll try and track it down, soon.

[Ebunoluwa 6,136]

Thanks for all your input Ebunoluwa. I think we'll try to get something from the hospital to send.

I haven't received anything at all from USCIS, NVC or DOS. I'll try and track it down, soon.

You will not receive anything from NVC and DOS but you can call DOS to ask if your petition has been returned.

You 'should' receive a letter from USCIS only telling you that your petition is expired and that you can re file.