My cr-1 was denied in 2011, is it possible for me to get a k-1 with the same person

[Edward Wife 0]

Actually its just one husband! One husband! who marry me and then divorce .. Now he wants me again

We also pass the stage of appeal for the cr-1 ..

[LionessDeon 2,060]

If I am understanding, your ex-Jamaican husband divorced U after

being turned down on prior petition (was that because they think

the marriage was not bonafide?).

You are currently married to another, but U both want to get back...right?

You have to get a divorce from current husband before getting engaged

another red flag would be raised, U also need to ask ex what the consulate

said about being denied, so it can be addressed in the future, as the same

issue will arise in new petition.

No I don't think that's what she is saying. Her former husband is the US citizen whom she married in Jamaica and then he filed the CR1 petition, which was denied for an unknown (at this time) reason. Now they want to get back together.

[Edward Wife 0]

No I don't think that's what she is saying. Her former husband is the US citizen whom she married in Jamaica and then he filed the CR1 petition, which was denied for an unknown (at this time) reason. Now they want to get back together.

Thats correct

[Jawaree 718]

OK, I stand corrected, so U have to know what was

the past stumbling block to address it in the future

if U R both free, single dis-engaged to anyone. then

get your paper work together and go for it, just remember

everything said then should match up now.

[Pinkrlion 2,724]

You can file for K-1 and have to include the divorce decree. I think that you will have an issue with certificate of non-impediment, but you can clear that up with proof of divorce, also.

You will have to meet the requirements of meeting at least once within the past two years face-to-face. Also, they will be addressing at your interview the issues with your marriage.

[Ian H. 207]

I believe Jamaica is part of the Hague Convention, so if your husband got divorced here, then you are legally divorced. Did he ever serve you with the divorce papers?

As for the denial of the CR1, you technically can apply for the K1 since you are divorced. However, as already mentioned you HAVE to know why you were denied the CR1 in the first place, these things don't just go away.

For example, we did it the other way around. We were denied the K1 because we couldn't prove the "bona fide" as well as make it clear enough that we would marry within the 90 days, clearly it was denied since I was unable to attend the interview. We married a few months later and did the CR1 process and were able to convince the consul of our relationship through a bunch of annoying questions, (he didn't care much for the docs) I never even withdrew the original I-129F after it was sent back to USCIS.

Everyone's situation is different. Therefore, you need to know why the CR1 was denied and what you can do to overcome that ineligibility, otherwise you cannot get approved. The consulate had to have given you a letter of denial stating under what provision your visa was denied.

[belinda63 3,039]

Sounds like the CR-1 was denied for lack of proof of a real marriage. It also sounds like the decision was appealed and the denial was confirmed. Then the USC spouse divorced her. Now they want to apply for a K-1. I don't see much hope for success. This looks too much like marriage for immigration purposes.

If you wish to pursue this matter you are going to need a lot of evidence of a real relationship.

[Ian H. 207]

I'm not sure that someone would go to such great lengths like getting married twice, if it were for immigration purposes. Yes, some people are desperate, but usually in fraud cases, if it doesn't work out the first time, the petitioner calls it a day. The beneficiary would want to keep trying because they would be desperate. I'm not saying it doesn't happen, but getting married twice in the case of fraud, it seems more unlikely.

They do have to provide a lot of evidence and answer a lot of questions, if they were denied based on that.

[Fan_Dancer 171]

Were you required to register your divorce in Jamaica?

[Ed and Gina 45]

I agree with Jawaree re: US govt files are not destroyed (unless you happen to be Lois from the IRS! LOL). Your now ex-husband can find out why the CR1 was denied. I wonder why he didn't pursue it further if he felt that the denial was not legitimate.

It does sound like quite a few things need to be sorted out before filing for K1 or any other petition.

Good luck.

[dwheels76 5,468]

Thats correct

Since you have a CR1 denial I sure wouldn't go for a K1. Married to immigration at least means commitment. You engaged means hmmm not sure and maybe I will bolt when I get there.

Do you visit the US often to see him or he coming down too see you after all this time or what? That will speak volumes to the bonafide of your relationship.

Think like a CO. For whatever reason you were denied (You should be filing FOIA) to get CO's note and maybe a clue why you were divorced. Now I am seeing same couple and now they are engaged not married why? Looks suspect.

Also addressing the reasons you divorced I am sure a CO would like to know that also.

[dudeinTriBeCa 38]

Sorry I don't have anything to contribute but this post is just very confusing and complicated... couldn't even make a sense out of it. Hope u get everything sorted out eventually OP

[Ebunoluwa 6,136]

If you are serious this time around get married and do the Cr1 and find out the reason you were denied before (FOIA request).

Your hard copy previous filing 'may' be destroyed but all your forms/data you submitted will forever be there and cross checked

in the system with future filings.

You said here :

he got divorced overseas..In america. we were marry in jamaica.

But what if we state we were married but is now divorced since he has the divorce papers...

What do you mean if you state you were both married to each other before and then divorced (you are divorced to not just him
by the way).
Of course you have to state that, no IF about it. What will happen when you do that ? The CO will likely scratch his chin and

wonder what's up with the on again off again. You have to convince them you are serious. How ? I have no clue since I don't know
why you got divorced in the first place and did not wait for reaffirmation after your case was returned. Did your petitioner receive a
NOID/NOIR and did he respond to it ?

Your ex husband now fiance needs to be on here asking the questions because he will be able to articulate better the reasons for divorce
so we can give better advise on how to proceed.

[Jawaree 718]

How long did the marriage last after denial, & how long married

overall will be scrutinized, if process were long & frustration the

CO can/may accept the argument that the process/stress helped

to cause the breakup, but a short marriage will throw up read flag with K1

app., like a good friend again trying to help another (CO may think)

[Edward Wife 0]

I canncelled the k1. thninking about it i dont want to go through the process again. My husband is a spiteful person and whose aim was to mess up my life. I am just going to get a visitor visa. I have proof I am not marriage. I have always been IN A good job. What issue would i have in getting the visa?