Filed CR1 after K1 Visa Refusal

[dkhurana 0]

Need advise on impact of K1 Denial on CR1 filing. My fiancée ( my wife now) was denied K1 Visa which was sent back to NVC . Reason of Denial was

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After Reviewing the evidence provided by you , the consular officer have concluded that there is insufficient evidence of your intent to marry the petitioner with 90 days of arrival in United States. You are therefore 1neligible for a visa under Section 221(G) of The Immigration and Nationality Act.

We are returning the petition back to the National Visa Center (NVC). Any further inquires may be addressed to the approving United States Citizen and Immigration Services (USCIS) Office

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CO also advised us to get married and come back for Visa. We got married after a week and now waiting for approval. Would like to know if K1 visa denial will have impact on our case.

Would appreciate any feedback on this.

Thanks

[LizzieBee 25]

That must have been so heartbreaking for you. I'm so sad to hear that you're going through all of that. Best of luck to you. I'd suggest getting congressional help for your case. Good luck to you.

[Heather&Ramy 22]

This needs moved out of the MENA area to get better answers, right?

Wow.... I would try to contact the embassy or the USCIS to get more information about the denial if possible, to figure out why exactly they thought there was insufficient evidence of your intent to marry. Does that mean they thought it wasn't a real relationship?

Although, now that you married so quickly like that, you have no other choice but to begin filing for the spouse visa. The K1 is invalid now. You might have been able to overturn the decision or provide missing evidence...

Best wishes, hope you get some more information from them.

[dkhurana 0]

Thanks . I have started the CR1/IR-1 and got the NOA1 . I have also sent a letter to DOS asking for the information under FOIA. Hopefully will get some reply giving the exact reason.

I have also requested my Congressman if he can help me to get the exact reason. I have also received Notice of Decision (NOD) from CSC stating that my petition has expired and it is not being invalidated. They have closed all the administrative actions on that. They have also advised me that I am free to file it again.

Let's hope I get some information why K1 was denied .

[milimelo 4,477]

Moving to CR1 visa forum - nothing to do with MENA.

[pushbrk 12,883]

The impact of the previous visa denial is difficult to determine without knowing the full story and circumstances, but YES, a previous denial because a Consular officer did not believe the relationship was bona fide, (yes that's what your denial means, regardless of the literal meaning of the words used in the notice) will be known by any subsequent Consular Officer looking at the case. However, what you do about that, is you marry, then conduct a genuine marital relationship with your spouse, including spending more time together, providing evidence of the time and examples of how and how frequently you communicate. As far as is possible, you co-mingle your finances. You can start by having your wife change her family name to the same as yours on all documents including her passport. Make her beneficiary to any life insurance, etc.

[dkhurana 0]

Thanks for the advise. I have started the CR1/IR-1 and got the NOA1 also. It has been forwarded to NSC. Now she has got a new passport ( with my family name) and also changed her name in DL , Bank Accounts. I was also able to open a joint account with her in India. I have also made her beneficiary in all my 401K accounts and Life Insurance policies. I was with here in India and came back today only...

Let's see what happens..!!

[jan22 3,055]

Thanks . I have started the CR1/IR-1 and got the NOA1 . I have also sent a letter to DOS asking for the information under FOIA. Hopefully will get some reply giving the exact reason.

I have also requested my Congressman if he can help me to get the exact reason. I have also received Notice of Decision (NOD) from CSC stating that my petition has expired and it is not being invalidated. They have closed all the administrative actions on that. They have also advised me that I am free to file it again.

Let's hope I get some information why K1 was denied .

You have the reason why the K1 was denied -- the interviewing officer did not believe it was a relationship that was going to end in marriage in the U.S. Neither the FOIA nor the Congressional inquiry will get you any other reason, as that IS the reason. They will not provide the information on how they arrived at that conculsion, as badly-intended people (and I'm certainly not saying you are one of them, just trying to explain) could use that information to commit better fraud.

Good that you have moved on and have already filed for the CR1 rather than waiting. Good luck.

[amrit sonu 3]

^{SAMETHING HAPPENED TO ME I APPLY K-1 VISA ON AUGUST 3 2012 AND I GOT APPROVED ON 5-20-13 THEN MY FIANCE'S INTERVIEW WAS ON 7-22-13 AND SHE GOT DEINIED, THEY ASK HER SAME TELL YOUR FIANCE COME TO INDIA AND GOT MARRIAGE HERE.. THEN I GOT MARRIED ON 1-1-14 IN INDIA AND I STAY WITH HER 2 MONTHS. NOW IM ON CR1/IR1 ROUTE. MY PD DATE IS 3-4-14 AND NOA1 DATE IS 3-6-14 STILL WAITING NOA2}

[Darnell 8,478]

Thanks for the advise. I have started the CR1/IR-1 and got the NOA1 also. It has been forwarded to NSC. Now she has got a new passport ( with my family name) and also changed her name in DL , Bank Accounts. I was also able to open a joint account with her in India. I have also made her beneficiary in all my 401K accounts and Life Insurance policies. I was with here in India and came back today only...

Let's see what happens..!!

so - it sounds like you have all the proof listed in the instructions on the I-130 for bonafide marriage proof, but it also sounds like you did not submit this with the I-130.

You'll have another chance to submit it at NVC - with the IV document sets.

[dkhurana 0]

^{SAMETHING HAPPENED TO ME I APPLY K-1 VISA ON AUGUST 3 2012 AND I GOT APPROVED ON 5-20-13 THEN MY FIANCE'S INTERVIEW WAS ON 7-22-13 AND SHE GOT DEINIED, THEY ASK HER SAME TELL YOUR FIANCE COME TO INDIA AND GOT MARRIAGE HERE.. THEN I GOT MARRIED ON 1-1-14 IN INDIA AND I STAY WITH HER 2 MONTHS. NOW IM ON CR1/IR1 ROUTE. MY PD DATE IS 3-4-14 AND NOA1 DATE IS 3-6-14 STILL WAITING NOA2}

Thanks Amrit Sonu . Let's hope if there is any activity with in 5 months.

I never had a chance to stay for long period in a stretch after the marriage. I was able to stay there only for 4 days after marriage. But I have already made 2 short trips ( 1 week and 2 weeks) after that. . I am planning to go again in Aug. 2014 for 2 weeks.. Hope every thing goes fine this time !!!

[dkhurana 0]

so - it sounds like you have all the proof listed in the instructions on the I-130 for bonafide marriage proof, but it also sounds like you did not submit this with the I-130.

You'll have another chance to submit it at NVC - with the IV document sets.

Thanks Darnell . I was able to submit all those with I-130.

[AFT...Ths 1]

^{SAMETHING HAPPENED TO ME I APPLY K-1 VISA ON AUGUST 3 2012 AND I GOT APPROVED ON 5-20-13 THEN MY FIANCE'S INTERVIEW WAS ON 7-22-13 AND SHE GOT DEINIED, THEY ASK HER SAME TELL YOUR FIANCE COME TO INDIA AND GOT MARRIAGE HERE.. THEN I GOT MARRIED ON 1-1-14 IN INDIA AND I STAY WITH HER 2 MONTHS. NOW IM ON CR1/IR1 ROUTE. MY PD DATE IS 3-4-14 AND NOA1 DATE IS 3-6-14 STILL WAITING NOA2}

Reading what you said is exactly what they said to my fiance when he went to his K-1 interview in Sept 2013. They told him for me to go to India and get married there. Was your fiance's interview in Mumbai? They never put us in AP just sent the file back to USCIS.

We were married on Dec 25, 2013 and now we are on the I-130 route.

We should be hearing about NOAs soon. Good luck to you.

[dkhurana 0]

finally got the approval on 17th July after petition was transferred from NSC to CSC. NVC have received by case on 5th Aug but they said that it may take up to 3 weeks to assign a case number. Will keep on calling them and see if it is done sooner.

Good luck to every body on this journey and hope it should finish soon....

[Darnell 8,478]

Hey ! That's great news ! Congratulations ! Keep yer timeline updated, when you come back !