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

[Sarah&Michel 6]

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

I agree with other posters who have stressed the importance of gathering as much evidence as possible between now and the interview. Even if your fiancé does not have access to a computer, he has access to internet-- he just has to pay for it. He can open up a nauta account (so that he can send emails on his phone) or a correosdecuba account. When my now husband was in Cuba, he would wait up to two hours a day to write me an email at an internet "café." Since he didn't have a lot of money, I would send him money so that he could use the internet. Given that the internet is becoming more widely accessible in Cuba, I don't think the US Embassy will be that understanding when it comes to lack of emails/text messages.

[Pennycat 880]

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.

Ah, no I meant "if she told them" as in like actually "if". If they asked, and she worded it the way you did. I get what you're saying on why she married him when she did, I'm just pointing out that to people whose job it is to look for red flags, it could sound like one. But she didn't so I guess that's a moot point. I'm on your side here, just saying that that the K1 denial with those set of circumstances may have been difficult to avoid, and I think that you're doing the right thing by going CR1 rather than trying K1 again.

And...it's complicated. I've been on these boards for almost a year now (I was reading for a while before I started my profile) and I have seen a LOT of this kind of thing go down. It's just when when people with lightening fast approvals claim that it's because of something they did ("good at paperwork" "super organized" "real relationship" ...whatever) it can *really* ruffle feathers. Because in a sea of people half with fast and half with slow approvals, you claiming that fast is because you're good at something does *necessarily* imply that the people approved slower are NOT good at that same something. I didn't take offense, just a heads up that some people can and do, and that you may wind up in the slower boat, too---through absolutely no fault of your own.

[Sarah&Michel 6]

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.

I have never heard of the petitioner not being allowed in the interview in Cuba. I think it is really important for you to be there if you have the means to do so.

[Guille89 0]

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!

Awesome! thank you for the advice and encouragement.

[Guille89 0]

I have never heard of the petitioner not being allowed in the interview in Cuba. I think it is really important for you to be there if you have the means to do so.

I can find more when I have more time tonight, but I did see it in a couple of places that the petitioner is not allowed on the interview. Here's one source. This is the site where the Visa fee is paid and where you schedule the interview appointment for the beneficiary.

"Consular Processing

On the day of their interview applicants need to be at the park located near the U.S. Embassy between Calzada and K streets by 7:00 a.m. The applicant must arrive alone for his/her scheduled appointment and bring the following documentation:"

http://www.ustraveldocs.com/cu/cu-iv-visaapplyinfo.asp

Had I known that the petitioner could attend to the interview, I wouldn't have given it much thought and definitely been there.

thanks!

[Ebunoluwa 6,136]

I can find more when I have more time tonight, but I did see it in a couple of places that the petitioner is not allowed on the interview. Here's one source. This is the site where the Visa fee is paid and where you schedule the interview appointment for the beneficiary.

"Consular Processing

On the day of their interview applicants need to be at the park located near the U.S. Embassy between Calzada and K streets by 7:00 a.m. The applicant must arrive alone for his/her scheduled appointment and bring the following documentation:"

http://www.ustraveldocs.com/cu/cu-iv-visaapplyinfo.asp

Had I known that the petitioner could attend to the interview, I wouldn't have given it much thought and definitely been there.

thanks!

It doesn't matter what you can find that says petitioners aren't allowed at the interview.

What matters is that you are on the premises as Tbone stated.

I don't care if it's sitting on the side walk under a tree outside the embassy,what matters is that your fiance gives the CO your passport upon approaching the interview window and this shows support for him in being there.

A CO has the discretion to change the "no petitioners allowed" to "ask her to come in" at any time.

Especially if the petitioner pushes for it (through the USC entrance/department of the embassy).

It can make all the difference if the CO refuses to issue the visa, then the petitioner can try to troubleshoot immediately right on the spot.

[DeAnna and Jorge 7]

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

Have you tried setting up a Cuballama account and sending him text messages that way? That is how I sent my husband text messages while he was in Cuba. Does your husband has a Smart phone? They now have an app called IMO that will allow us to video chat with people in Cuba. They buy a $2 internet card that is good for 1 hour of internet use. Then they can use their smart phone in the areas in Havana that have the wifi. My husband has been using that to communicate with his family since he came here.

[Sarah&Michel 6]

I can find more when I have more time tonight, but I did see it in a couple of places that the petitioner is not allowed on the interview. Here's one source. This is the site where the Visa fee is paid and where you schedule the interview appointment for the beneficiary.

"Consular Processing

On the day of their interview applicants need to be at the park located near the U.S. Embassy between Calzada and K streets by 7:00 a.m. The applicant must arrive alone for his/her scheduled appointment and bring the following documentation:"

http://www.ustraveldocs.com/cu/cu-iv-visaapplyinfo.asp

Had I known that the petitioner could attend to the interview, I wouldn't have given it much thought and definitely been there.

thanks!

I meant that I have not heard of any personal cases of a petitioner not being allowed in the interview-- at least not in Cuba. It's important to check the experiences of others and not just rely on what is stated online. One of the benefits of being there-- is that if any additional information is needed (if the interviewer asks for any additional info--in my case, my husband's CV), the US petitioner can bypass the lines and go straight in. That is not the case for the Cuban beneficiary.

[Guille89 0]

I meant that I have not heard of any personal cases of a petitioner not being allowed in the interview-- at least not in Cuba. It's important to check the experiences of others and not just rely on what is stated online. One of the benefits of being there-- is that if any additional information is needed (if the interviewer asks for any additional info--in my case, my husband's CV), the US petitioner can bypass the lines and go straight in. That is not the case for the Cuban beneficiary.

Dang, that's a shame I wasn't aware of this. Although, I wonder what difference could it have made regarding the reason the CO denied the K1 visa. I guess it should've helped strengthen the belief that we do have a bona fide relationship. It's just a bit frustrating considering all these "what if"s and beating yourself up for something so minor when in the end, they could deny the visa just because their bosses gives them a quota or something of the like.

Do you think I should be present when she goes for the CR-1 interview? Or it's not necessary for this visa?

Thank you!!!

[Guille89 0]

Another question:

Should I, the petitioner, expect something in the mail from USCIS regarding the K1 denial? Or is there something I must do to make sure the case is closed before I proceed with the CR-1 petition? The interview was in July 29th, and other than the paper they gave my fiancée at the embassy, I have not received anything myself.

[Sarah&Michel 6]

Dang, that's a shame I wasn't aware of this. Although, I wonder what difference could it have made regarding the reason the CO denied the K1 visa. I guess it should've helped strengthen the belief that we do have a bona fide relationship. It's just a bit frustrating considering all these "what if"s and beating yourself up for something so minor when in the end, they could deny the visa just because their bosses gives them a quota or something of the like.

Do you think I should be present when she goes for the CR-1 interview? Or it's not necessary for this visa?

Thank you!!!

I think it always helps -- although I know that there are others on this board that will probably disagree with me. Perhaps, since you are applying again (although now as a married couple), they do not need that extra confirmation that you are a legitimate couple, but I just think that if you have the means to be there, then you should. I know in my case, we probably would have been denied the K-1 had I not been there to speak in favor of our relationship. In any case, I am sorry you are going though this but I know that it will all work out in the end. Good luck!

[General Buhari 46]

My now Wife was back in the same embassy for a CR1 visa 9 months after she was denied a K1.

She was approved, she had my passport with her and many questions were asked of her previous "visit" to the embassy.

You need to be prepared to discuss the previous denial.

Good luck.

[Guille89 0]

I think it always helps -- although I know that there are others on this board that will probably disagree with me. Perhaps, since you are applying again (although now as a married couple), they do not need that extra confirmation that you are a legitimate couple, but I just think that if you have the means to be there, then you should. I know in my case, we probably would have been denied the K-1 had I not been there to speak in favor of our relationship. In any case, I am sorry you are going though this but I know that it will all work out in the end. Good luck!

I agree, it can't be a bad idea. Thanks so much for your time and good wishes!

[Ebunoluwa 6,136]

Depends on how much co mingling evidence you have. Any life insurance stating each other as beneficiary, co owed property, financial accounts, lots of visits etc. then you probably don't need to be there for a CR1. Read your embassy reviews to see how the pattern flows.

[Guille89 0]

My now Wife was back in the same embassy for a CR1 visa 9 months after she was denied a K1.

She was approved, she had my passport with her and many questions were asked of her previous "visit" to the embassy.

You need to be prepared to discuss the previous denial.

Good luck.

Thanks for the reply General. It does seem to be the case that they focus mostly on a previous denial when you re-interview. However, we're finding it kind of tough to demonstrate that even though they were still married, they were actually separated for 3 years. She did have another year long relationship between her ex-husband and me, so that would be good proof that she was not with the ex-husband, but it sounds odd in my head to use that as evidence. :|

Thanks for the good wishes.