Filed CR1 after K1 Visa Refusal

[dkhurana 0]

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

Thanks Darnell. I am back from India... As advised , I was able to get all the documents and even got the Joint asset. I have sent the AOS package after paying the fees . Now waiting for IV fee to be invoiced... Timeline have also been updated...

[NigeriaorBust 4,087]

http://www.ilw.com/articles/2006,0323-ellis.shtm good read for anyone that thinks a CR1 is the cure for a denied K1

[dkhurana 0]

http://www.ilw.com/articles/2006,0323-ellis.shtm good read for anyone that thinks a CR1 is the cure for a denied K1

Thanks NigeriaorBust . Yes I have reviewed this earlier .. I also got the letter from CSC that your petition has expired and no chance to respond. . As per the case status on USCIS , my old I-129 F petition has still not revoked and is under 'Post Decision phase' . As per the article ,

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If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)©(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1

What about that Misrepresentation finding that is hanging in our beneficiary’s record? We know that it kicks in upon revocation. So is the petition approval revoked when a Service Center simply notifies a petitioner that the approval has lapsed, without giving her or him a chance to respond? No. Consular Immigrant Visa Chiefs are supposed to make sure that a revocation has in fact taken place before the 212(a)(6)©(i) marker becomes a finding.

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There should not be any hard finding yet... But still scared....

[Darnell 8,478]

Thanks Darnell. I am back from India... As advised , I was able to get all the documents and even got the Joint asset. I have sent the AOS package after paying the fees . Now waiting for IV fee to be invoiced... Timeline have also been updated...

IV Payment availability triggered after the DS-261 is added to the casefile, usually 3 to 5 days after.

[dkhurana 0]

Thanks NigeriaorBust . Yes I have reviewed this earlier .. I also got the letter from CSC that your petition has expired and no chance to respond. . As per the case status on USCIS , my old I-129 F petition has still not revoked and is under 'Post Decision phase' . As per the article ,

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)©(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1

What about that Misrepresentation finding that is hanging in our beneficiary’s record? We know that it kicks in upon revocation. So is the petition approval revoked when a Service Center simply notifies a petitioner that the approval has lapsed, without giving her or him a chance to respond? No. Consular Immigrant Visa Chiefs are supposed to make sure that a revocation has in fact taken place before the 212(a)(6)©(i) marker becomes a finding.

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There should not be any hard finding yet... But still scared....

Please advise if i am thinking right above... Thanks...

[dkhurana 0]

Folks ... Need answer to clarify my doubt.. I am getting scared as earlier K1 was denied. We got married and started the CR1 route . Currently we are at NVC for CR1 Visa and waiting to file IV fee.

After reading the article of Marc Ellis , I don't think that there is Any misrep. finding in my Wife's file as Petition has not been revoked yet . I only got the letter earlier from CSC that your petition has expired. . I can still the Old Petition on USCIS web site which is in 'Post Decision Activity' .

Would love to hear your opinions.

[Ian H. 207]

Same boat here. We were denied the K1 not only on that ground, but also under two more, material misrepresentation and relationship for immigration purposes. I personally wanted to go in person to the consulate and slap the CO that accused my wife of all this ####### into next week.

I spoke to an attorney, who said it was no big deal, that people get denied this all the time blah blah blah and that we wouldn't have an issue doing the spouse petition. We got married a few months later, filed a few months later, and got NOA2 in 6 months. We were approved.

I'm not sure how it works in different embassies or with CO's, but we weren't asked for any of the proof of bona fides we brought, the CO only focused on the questions he asked and saw a couple of pictures. You just have to walk in prepared to answer any question accurately and truthfully, have plenty of evidence, and be confident. My wife was of course nervous, but I walked in there like I owned the place.

I'm sorry about your situation, but you WILL get through this and will be with your loved one very soon.

[dkhurana 0]

Same boat here. We were denied the K1 not only on that ground, but also under two more, material misrepresentation and relationship for immigration purposes. I personally wanted to go in person to the consulate and slap the CO that accused my wife of all this ####### into next week.

I spoke to an attorney, who said it was no big deal, that people get denied this all the time blah blah blah and that we wouldn't have an issue doing the spouse petition. We got married a few months later, filed a few months later, and got NOA2 in 6 months. We were approved.

I'm not sure how it works in different embassies or with CO's, but we weren't asked for any of the proof of bona fides we brought, the CO only focused on the questions he asked and saw a couple of pictures. You just have to walk in prepared to answer any question accurately and truthfully, have plenty of evidence, and be confident. My wife was of course nervous, but I walked in there like I owned the place.

I'm sorry about your situation, but you WILL get through this and will be with your loved one very soon.

Thanks Ian. This time I have plenty of evidence. And I was not on VJ also at that time. Sending a summary with IV package and will take all details with me. I am planning to attend the interview with my wife as she is very nervous. Last time CO did not look at any of the evidence except taking a quick glance at the picture and came to the conclusion .

I just want that CO looks at all evidences provided and then comes to some conclusion. Hopefully this new year eve is going to be big celebration for us.

[maxmathew 0]

I was denied about a month also for inability to convince CO of genuine relationship, though none of the evidence of relationship was asked for except our child birth certificate. But I think there is something hidden in our record that led to automatic denial. Planning to wed and file again this year.

[dkhurana 0]

Actually I got the denial letter as well at time

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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 ineligible 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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I got the same information via my congressman as well as via FOIA. So I will say that reason was.. CO was not convinced of bonafide relationship... . Let's hope for the best now...

[lilQueenP 15]

Same thing happened to us. We're just now finishing the tail-end of the CR-1 visa. Good luck!

[dkhurana 0]

Finally at the tail end at NVC. Submitted IV fee and sent the documents as well. Now waiting for CC and interview .

Good luck to every one on this journey