K1 Visa Denied. Now married and applying for CR-1

[Guille89 0]

Hello everyone! This site has been THE BEST SOURCE for useful information I have found and have been reading it since I first started with the K1 visa process. So thank you to all for helping people in need. Now it is me the one in need of some advice. Here's the story (I'll be as detailed as possible without writing a book!):

So last year (2014) in July, I went to visit my dad in Cuba for his bday. At the bday party I met my current wife who lives just a block down the street. We instantly hit it off and I left the next day. I am 26 yo and she is 23, we were 25 and 22 when we met. I went back to visit her and get to know each other about every 2 months, even going twice in December. In February I proposed to her because I felt like we really had something special and I wanted to give our relationship a real chance, so the plan was to bring her over as a fiancee and get married here.

On March 29th, 2015, I sent an I-129F to apply for a K1 visa. I expected to get an approval in 4-5 months but was stunned when it was approved on April 29th, exactly a month after sending the application. I wondered if it had to do with the fact that I am a very meticulous person and prepared the best I-129F packet I could! Anyway, shortly after, I received the NOA1, then NOA2 by June 29th. Things were moving very quickly and we were both super excited. I scheduled the interview appointment for July 29th because she needed time to get the required documents (police records, medical exam, etc). I went back twice during the process in April and in June.

Now, it never occurred to me that proving a bona fide relationship would be the challenge because we had SO MUCH proof. For example, my constant trips every 2 months (passport stamps), our many many pictures together, evidence of daily e-mail and text message communication, my credit card statements showing me recharching her cellphone balance. She took a mountain of evidence to the interview despite me telling her that I didn't think it would be an issue....our relationship is VERY REAL!

Quick side note before I reach the denied reason: My wife was married before to her first boyfriend (of 4 years), who is also Cuban. They got married because he had gotten his Spanish citizenship and they decided to go live over there. After 4 months abroad, things didnt work out and they got back to Cuba around February 2012. After that they took their own paths and basically never heard from each other again. However, they remained married until she requested a divorce in September of 2014, considering the possibility of getting married with me at some point. She had not gotten divorced before because these processes are a headache in Cuba to go through and it's very tough to get around. The day-to-day hardships over there are real. Anyway, she received the Divorce Certificate in January of 2015 (before we had gotten engaged and before I had sent the application!).

So July 29th, she interviews at the former Interests Section Office, now officially the U.S Embassy. After many questions about our relationship and about my family, etc, he denied her the visa because he said it was "weird" that she had gotten divorced in January while we were dating already. Even though he denied her, he told her that our relationship looked REAL!!! She tried to explain that she actually requested the divorce in September, but those people are like robots and aren't even acknowledging you after their decision. We were both destroyed at this point....we had so many plans :/ she would've been here already.

I had a trip planned for July 31st already and was there for 9 days. We decided to get married so we could apply for a spousal visa this time. So this is where I am now. I am pretty confident I can handle the process without the assistance of a lawyer (even though I contacted one and wanted to charge me $5,000 for the help...which I declined). I am just somewhat worried that since she got her K1 visa denied less than a month ago and I plan on sending the I-130 within the next 2 weeks, I fear the recent K1 denial will have a negative impact for the CR-1 process.

I welcome your opinions and comments regarding my case. Sorry for writing so much (compared to most other posts) but I wanted to give a clear picture of the situation in return of clear suggestions and comments from all you wonderful people here on VJ. Thank you for taking the time to read.

- Guillermo

[CallMeShams 34]

It saddened me to hear of the denial. Crazy stuff.

I think I can see why you posed the question. Sometimes I don't even know what to think when it comes to the people at the Embassy.

I want to say you should have a little bit more of an advantage since you are now married. You will have to bring up the denial again when you do the DS-260. I don't think they should be able to pull that same excuse for denial this time.

[TJandJR 69]

The same thing has happened to us...denied K1 so got married and filed for the CR-1. Several people on VJ have done that and been approved the second time. But not guaranteed. The advice I hear the most is to know why the K1 was denied and be able to address the issue. (Which I think is impossible when they don't give a specific reason and they just say they don't think its a bonafide relationship, even when you've submitted plenty of evidence.) Best of luck to you.

[Ebunoluwa 6,136]

You should be just fine with the CR1, no worries !

[maxmathew 0]

our k1 was also denied last year, august. We married, march this year and filed cr1 in april. Looking forward for approval. We've done SWOT ANALYSIS and looking for favorable decision this time

[Guille89 0]

Thank you for your replies! The lawyer I spoke to said that since we knew the reason why they denied her the visa, that we needed to make sure that we can prove that my wife and her ex-husband have indeed been actually separataed and not living together or anything from february 2012. She was even in another year long relationship with someone else after that, for crying out loud. Not sure if that'll be "good evidence" that her previous marriage was actually terminated.

It is definitely different in embassies across the world. I've heard great things about the embassy in Canada. In Cuba, it is known that they could just deny your visa for any little tiny mistake. They are not interested in helping you; once they see a reason, as tiny as it is, for them to be able to deny the visa, they cling to it and stop considering the case. I wish they could've re-scheduled her appointment to give her a chance to get proof that she had been separated from her ex-husband for more than 3 years. I figure they need to deny some visas even if they know there's no reason to, otherwise, 90% of people who go for an interview would get approved since they know that is their once chance at a new life in the USA and they would make sure they have their ducks in a row *sigh* just never thought it would happen to us

thanks again for the replies!

Edited August 20, 2015 by Guille89

[pepper44 18]

You should be fine with the CR1- someone else from Cuba did the same thing and she was approved. Look at her time line it is Zetete I believe.

I also have a friend who went through a similar situation where she had meet her fiance in cuba while she was still married. They remained friends and when she divorced she then started to see the Cuban. They were put into AP status for a while because of this... but eventually were approved.

So when they see someone in a relationship - (marriage) during the time when two of you met they frown upon that.

Trust me we all know how life works but these people who work for the GOVT I swear they are a special breed. Emotionless.. soulless and don't give a ####### about us who are really in a real relationship.

I am scared to death they will not approve my case because my Fiancee doesn't have access to a computer - and so there are very little emails and his phone doesn't text me for some reason - I even tried when I was there to make sure it wasn't him - not knowing how to use the technology and it didn't work.. so I feel we are screwed.

Anyways you willbe just fine with the CR1 - best of luck to you

[Guille89 0]

thanks for the comments pepper. I know how difficult it can be to communicate with people on the island - so much lack in technology. It's a little better in Havana now since they're implementing WiFi hotspots in parks and popular urban areas. However, in other parts of the country can be almost impossible to use any sort of internet for e-mails etc. I use a company called Cuballama (www.cuballama.com) to send text messages and make calls. Maybe you can give this a try; it works great for us. Anyway, I see that you're halfway through the process by now so the calls/emails/texts evidence you can collect from now, if you plan to, may not be much. I would think the consular officers in Cuba are very aware of the scarcity of internet connectivity and old technology and hopefully are able to understand the lack of such evidence....but I wouldn't count on it. They can be ruthless when they do not want to issue the visa. Make sure you overwhelm them with all the evidence you can about the relationship.

best of luck!

[madtownguy 164]

Hello everyone! This site has been THE BEST SOURCE for useful information I have found and have been reading it since I first started with the K1 visa process. So thank you to all for helping people in need. Now it is me the one in need of some advice. Here's the story (I'll be as detailed as possible without writing a book!):

So last year (2014) in July, I went to visit my dad in Cuba for his bday. At the bday party I met my current wife who lives just a block down the street. We instantly hit it off and I left the next day. I am 26 yo and she is 23, we were 25 and 22 when we met. I went back to visit her and get to know each other about every 2 months, even going twice in December. In February I proposed to her because I felt like we really had something special and I wanted to give our relationship a real chance, so the plan was to bring her over as a fiancee and get married here.

On March 29th, 2015, I sent an I-129F to apply for a K1 visa. I expected to get an approval in 4-5 months but was stunned when it was approved on April 29th, exactly a month after sending the application. I wondered if it had to do with the fact that I am a very meticulous person and prepared the best I-129F packet I could! Anyway, shortly after, I received the NOA1, then NOA2 by June 29th. Things were moving very quickly and we were both super excited. I scheduled the interview appointment for July 29th because she needed time to get the required documents (police records, medical exam, etc). I went back twice during the process in April and in June.

Now, it never occurred to me that proving a bona fide relationship would be the challenge because we had SO MUCH proof. For example, my constant trips every 2 months (passport stamps), our many many pictures together, evidence of daily e-mail and text message communication, my credit card statements showing me recharching her cellphone balance. She took a mountain of evidence to the interview despite me telling her that I didn't think it would be an issue....our relationship is VERY REAL!

Quick side note before I reach the denied reason: My wife was married before to her first boyfriend (of 4 years), who is also Cuban. They got married because he had gotten his Spanish citizenship and they decided to go live over there. After 4 months abroad, things didnt work out and they got back to Cuba around February 2012. After that they took their own paths and basically never heard from each other again. However, they remained married until she requested a divorce in September of 2014, considering the possibility of getting married with me at some point. She had not gotten divorced before because these processes are a headache in Cuba to go through and it's very tough to get around. The day-to-day hardships over there are real. Anyway, she received the Divorce Certificate in January of 2015 (before we had gotten engaged and before I had sent the application!).

So July 29th, she interviews at the former Interests Section Office, now officially the U.S Embassy. After many questions about our relationship and about my family, etc, he denied her the visa because he said it was "weird" that she had gotten divorced in January while we were dating already. Even though he denied her, he told her that our relationship looked REAL!!! She tried to explain that she actually requested the divorce in September, but those people are like robots and aren't even acknowledging you after their decision. We were both destroyed at this point....we had so many plans :/ she would've been here already.

I had a trip planned for July 31st already and was there for 9 days. We decided to get married so we could apply for a spousal visa this time. So this is where I am now. I am pretty confident I can handle the process without the assistance of a lawyer (even though I contacted one and wanted to charge me $5,000 for the help...which I declined). I am just somewhat worried that since she got her K1 visa denied less than a month ago and I plan on sending the I-130 within the next 2 weeks, I fear the recent K1 denial will have a negative impact for the CR-1 process.

I welcome your opinions and comments regarding my case. Sorry for writing so much (compared to most other posts) but I wanted to give a clear picture of the situation in return of clear suggestions and comments from all you wonderful people here on VJ. Thank you for taking the time to read.

- Guillermo

I think you had some bad luck, I was married when I started a relationship with or technically met my wife and they didn't say anything about it. I don't think you will have to worry with the CR-1. Good luck

[Ebunoluwa 6,136]

You should be fine with the CR1- someone else from Cuba did the same thing and she was approved. Look at her time line it is Zetete I believe.

I also have a friend who went through a similar situation where she had meet her fiance in cuba while she was still married. They remained friends and when she divorced she then started to see the Cuban. They were put into AP status for a while because of this... but eventually were approved.

So when they see someone in a relationship - (marriage) during the time when two of you met they frown upon that.

Trust me we all know how life works but these people who work for the GOVT I swear they are a special breed. Emotionless.. soulless and don't give a ####### about us who are really in a real relationship.

I am scared to death they will not approve my case because my Fiancee doesn't have access to a computer - and so there are very little emails and his phone doesn't text me for some reason - I even tried when I was there to make sure it wasn't him - not knowing how to use the technology and it didn't work.. so I feel we are screwed.

Anyways you willbe just fine with the CR1 - best of luck to you

You definitely must find a way to generate ongoing communication evidence or they will not approve you.

Real face to face time with visits for extended periods is the most important but they do want consistent communication as well.

He may have to move to a better internet area or go regularly to an internet cafe (or buy a laptop).

They will not excuse it due to sparse internet reception whatsoever.

I strongly suggest you find a way to be able to submit plenty of quality relationship/communication evidence.

Skype,detailed phone logs, texts and emails yes, but have a variety of ways to communicate and some web cam screen shots.

Not saying this to stress you out but to motivate both of you with the reality of how things are.

[Guille89 0]

While I was going through the K1 process, I read multiple times that the US citizen, the petitioner, would not be allowed in the interview with the beneficiary. However, I have seen some people here on VJ stating that they have interviewed with their beneficiaries. My guess is that each embassy has its own rules but was wondering if anyone had more information about this.

[TBoneTX 45,284]

Whether or not you're automatically allowed into the interview, it's important to be on the consular premises in all but the softball consulates/embassies. Giving your U.S. passport to the beneficiary to stick under the consul's nose scores points beyond belief and can result in your being invited in.

[Pennycat 880]

Hello everyone! This site has been THE BEST SOURCE for useful information I have found and have been reading it since I first started with the K1 visa process. So thank you to all for helping people in need. Now it is me the one in need of some advice. Here's the story (I'll be as detailed as possible without writing a book!):

So last year (2014) in July, I went to visit my dad in Cuba for his bday. At the bday party I met my current wife who lives just a block down the street. We instantly hit it off and I left the next day. I am 26 yo and she is 23, we were 25 and 22 when we met. I went back to visit her and get to know each other about every 2 months, even going twice in December. In February I proposed to her because I felt like we really had something special and I wanted to give our relationship a real chance, so the plan was to bring her over as a fiancee and get married here.

On March 29th, 2015, I sent an I-129F to apply for a K1 visa. I expected to get an approval in 4-5 months but was stunned when it was approved on April 29th, exactly a month after sending the application. I wondered if it had to do with the fact that I am a very meticulous person and prepared the best I-129F packet I could! Anyway, shortly after, I received the NOA1, then NOA2 by June 29th. Things were moving very quickly and we were both super excited. I scheduled the interview appointment for July 29th because she needed time to get the required documents (police records, medical exam, etc). I went back twice during the process in April and in June.

Now, it never occurred to me that proving a bona fide relationship would be the challenge because we had SO MUCH proof. For example, my constant trips every 2 months (passport stamps), our many many pictures together, evidence of daily e-mail and text message communication, my credit card statements showing me recharching her cellphone balance. She took a mountain of evidence to the interview despite me telling her that I didn't think it would be an issue....our relationship is VERY REAL!

Quick side note before I reach the denied reason: My wife was married before to her first boyfriend (of 4 years), who is also Cuban. They got married because he had gotten his Spanish citizenship and they decided to go live over there. After 4 months abroad, things didnt work out and they got back to Cuba around February 2012. After that they took their own paths and basically never heard from each other again. However, they remained married until she requested a divorce in September of 2014, considering the possibility of getting married with me at some point. She had not gotten divorced before because these processes are a headache in Cuba to go through and it's very tough to get around. The day-to-day hardships over there are real. Anyway, she received the Divorce Certificate in January of 2015 (before we had gotten engaged and before I had sent the application!).

So July 29th, she interviews at the former Interests Section Office, now officially the U.S Embassy. After many questions about our relationship and about my family, etc, he denied her the visa because he said it was "weird" that she had gotten divorced in January while we were dating already. Even though he denied her, he told her that our relationship looked REAL!!! She tried to explain that she actually requested the divorce in September, but those people are like robots and aren't even acknowledging you after their decision. We were both destroyed at this point....we had so many plans :/ she would've been here already.

I had a trip planned for July 31st already and was there for 9 days. We decided to get married so we could apply for a spousal visa this time. So this is where I am now. I am pretty confident I can handle the process without the assistance of a lawyer (even though I contacted one and wanted to charge me $5,000 for the help...which I declined). I am just somewhat worried that since she got her K1 visa denied less than a month ago and I plan on sending the I-130 within the next 2 weeks, I fear the recent K1 denial will have a negative impact for the CR-1 process.

I welcome your opinions and comments regarding my case. Sorry for writing so much (compared to most other posts) but I wanted to give a clear picture of the situation in return of clear suggestions and comments from all you wonderful people here on VJ. Thank you for taking the time to read.

- Guillermo

Sorry about the denial--you probably chose the best path by getting married and going for CR1. Unfortunately, the timing of everything you described would probably raise some red flags in the K1 process and I'm not sure there's much you could have done to avoid it (especially if she told them that she married her last husband to move out of Cuba and then left as soon as that didn't work out. Even if there's good reason for that, you can see how it can look to someone whose job it is to look out for people gaming the system). But you guys are legit, you're just going to have to prove it. As others said, keep getting evidence of ongoing communication, go and visit for as long as you can etc. Proof that she was separated from her ex in 2012 would be helpful (a letter from him? separate rental agreements? I don't know).

Also, just so you know, your quick USCIS approval had nothing to do with how well you filled out your forms and (as you have experienced) is not a reflection on how "good" you look on paper. It's all about proving that you meet the minimum requirements, which you did. It happened fast because you got lucky enough to get put into a line that only had a 3 week wait time. It's a line, plain and simple, and at the time you applied, that office (the line you were in) was turning those out in 3 weeks (so at a month, you actually came out a week over average for that office). The 5 month timeline you saw means that they are approving things within the 5 month goal time--not that they are taking 5 months to do it. 3 weeks is within 5 months.

I'm spelling this out because you need to be careful with this way of thinking (fast approval = did the paperwork well). One, generally, you're implying that other people did something "wrong" to deserve the longer wait times, even though it's just their bad luck to be sent to the office with a 7-month long line ahead of them. But also, and for your very near future-- because with CR1 applications you can be sent to one of 5 offices and some are much much faster than others, simply because of the length of the line. You don't know which you'll be put into, and if you wind up in a slow one, you don't want to think that it's because of anything you did.

[Guille89 0]

Sorry about the denial--you probably chose the best path by getting married and going for CR1. Unfortunately, the timing of everything you described would probably raise some red flags in the K1 process and I'm not sure there's much you could have done to avoid it (especially if she told them that she married her last husband to move out of Cuba and then left as soon as that didn't work out. Even if there's good reason for that, you can see how it can look to someone whose job it is to look out for people gaming the system). But you guys are legit, you're just going to have to prove it. As others said, keep getting evidence of ongoing communication, go and visit for as long as you can etc. Proof that she was separated from her ex in 2012 would be helpful (a letter from him? separate rental agreements? I don't know).

Also, just so you know, your quick USCIS approval had nothing to do with how well you filled out your forms and (as you have experienced) is not a reflection on how "good" you look on paper. It's all about proving that you meet the minimum requirements, which you did. It happened fast because you got lucky enough to get put into a line that only had a 3 week wait time. It's a line, plain and simple, and at the time you applied, that office (the line you were in) was turning those out in 3 weeks (so at a month, you actually came out a week over average for that office). The 5 month timeline you saw means that they are approving things within the 5 month goal time--not that they are taking 5 months to do it. 3 weeks is within 5 months.

I'm spelling this out because you need to be careful with this way of thinking (fast approval = did the paperwork well). One, generally, you're implying that other people did something "wrong" to deserve the longer wait times, even though it's just their bad luck to be sent to the office with a 7-month long line ahead of them. But also, and for your very near future-- because with CR1 applications you can be sent to one of 5 offices and some are much much faster than others, simply because of the length of the line. You don't know which you'll be put into, and if you wind up in a slow one, you don't want to think that it's because of anything you did.

Thanks for the helpful tips! BTW, she was never asked why she married her ex- and that they had left Cuba at any point. This was her first love/boyfriend of 4 years, not someone she got married to to leave the country. Idk where you saw that she said any of that. Also, you're implying that I'm implying other people did something wrong to wait longer which is not the case. I was just trying to make a point about my application being as well formed as I could've done it and eliminate that as a possible cause for the denial. Like you said, I just got lucky I got put into one of the faster lines.

Thanks for the reply.

[Lynn n Sam 57]

We had a denied K1 and then married and filed a CR1 as well. Not many questions were asked of my husband at the CR1 interview, but those that were, all centered around the previously denied K1 so be prepared for that if it happens to you. We were approved at the end of it all thankfully.

Good Luck to you!