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

[Guille89 0]

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.

The only proofs of the relationship I'm able to provide are the constant trips to see her (every 2 months), thousands of e-mail and text messages, tons of pictures from different trips, including our recent marriage and celebration (by marriage and celebration I mean when we went to the office where they legally wed you and the party we had after with our families celebrating our union. We did not have a traditional catholic wedding, even though it is a future plan). This actually brings up a question I had. Could some of the evidence pictures be somewhat intimate to help prove the authenticity of the relationship? I'm merely talking about pictures of us kissing, nothing else. The other things you mention are hard for us to get since I'm not sure I can put her in my bank accounts without her living here, and I don't own any property yet. Also, if Cuba wasn't such a repressive country and didn't hate all the citizens that left pursuing a better life and freedom and consider us traitors, then perhaps I could have property under our names over there and a bank account in a Cuban bank.

Thanks for the tips!

[Ebunoluwa 6,136]

Kissing pics are fine and you can take out a small life insurance policy with her listed as beneficiary for about $20. Shop around.

[Guille89 0]

Kissing pics are fine and you can take out a small life insurance policy with her listed as beneficiary for about $20. Shop around.

Hmm that's a good idea. I have a life insurance policy through my employer, which I still need to update my marital status there. Perhaps I can put her as the beneficiary for the policy and use that.

THANK YOU!

[Ebunoluwa 6,136]

You can also draft up a will and add her to your lease if possible.

[pepper44 18]

Hmm that's a good idea. I have a life insurance policy through my employer, which I still need to update my marital status there. Perhaps I can put her as the beneficiary for the policy and use that.

THANK YOU!

you can add her to your insurance that would help, but as for bank accounts I know that most places you need a SSN so that might not work out just yet. Same thing for car or renters insurance. Add her to your cell phone bill, or utility bills if possible but really think the social is needed for those as well.

you can go to the interview in Cuba they allow you in building but not in the room while she is interviewed and they will also interview you as well. Some people have posted they regret going some say they are glad they went. Its really your call go with your gut.

I won't be able to attend the interview because I want to be able to bring him back when and if approved. My work won't allow me to take off that much when I already take off to go back every 4 months to visit.

I honestly think you will be fine - maybe she can have people write letters stating he was seperated or show proof she lived some where and he lived at another location.

[caly 48]

The only proofs of the relationship I'm able to provide are the constant trips to see her (every 2 months), thousands of e-mail and text messages, tons of pictures from different trips, including our recent marriage and celebration (by marriage and celebration I mean when we went to the office where they legally wed you and the party we had after with our families celebrating our union. We did not have a traditional catholic wedding, even though it is a future plan). This actually brings up a question I had. Could some of the evidence pictures be somewhat intimate to help prove the authenticity of the relationship? I'm merely talking about pictures of us kissing, nothing else. The other things you mention are hard for us to get since I'm not sure I can put her in my bank accounts without her living here, and I don't own any property yet. Also, if Cuba wasn't such a repressive country and didn't hate all the citizens that left pursuing a better life and freedom and consider us traitors, then perhaps I could have property under our names over there and a bank account in a Cuban bank.

Thanks for the tips!

Sorry to hear that the K-1 didn't work out for you guys.

Something else that has not been suggested - If you feel comfortable with the idea, you could try adding her as an authorized user on your credit card. Hubby has the Chase Freedom card and after we got married (and before filing for the CR-1 visa) he was able to list me as an authorized user on his card even though I didn't have a SSN and didn't live in the US. They issued an identical card with my name on it. We took a photo of both cards side by side and sent it in as proof of financial co-mingling.

He was also able to add my name on his auto insurance right after we got married.

In line with life insurance policies which a few other posters have suggested, he also added me as a beneficiary on his retirement account.

Good luck!

[Guille89 0]

You can also draft up a will and add her to your lease if possible.

you can add her to your insurance that would help, but as for bank accounts I know that most places you need a SSN so that might not work out just yet. Same thing for car or renters insurance. Add her to your cell phone bill, or utility bills if possible but really think the social is needed for those as well.

you can go to the interview in Cuba they allow you in building but not in the room while she is interviewed and they will also interview you as well. Some people have posted they regret going some say they are glad they went. Its really your call go with your gut.

I won't be able to attend the interview because I want to be able to bring him back when and if approved. My work won't allow me to take off that much when I already take off to go back every 4 months to visit.

I honestly think you will be fine - maybe she can have people write letters stating he was seperated or show proof she lived some where and he lived at another location.

Sorry to hear that the K-1 didn't work out for you guys.

Something else that has not been suggested - If you feel comfortable with the idea, you could try adding her as an authorized user on your credit card. Hubby has the Chase Freedom card and after we got married (and before filing for the CR-1 visa) he was able to list me as an authorized user on his card even though I didn't have a SSN and didn't live in the US. They issued an identical card with my name on it. We took a photo of both cards side by side and sent it in as proof of financial co-mingling.

He was also able to add my name on his auto insurance right after we got married.

In line with life insurance policies which a few other posters have suggested, he also added me as a beneficiary on his retirement account.

Good luck!

Wonderful suggestions!!! I can definitely do some of these. Thank you all so much for taking the time to write, I really appreciate it. I believe with all these plus the evidence i already mentioned before i had, it should cover that part. We are now thinking how we can prove that she was separated from her ex-husband for 2-3 years despite of remaining legally married. She sent me a document from the court proceedings where it states such separation for 2 years. I'll just have to translate it, which I've already found it can be challenging translating all the legal lingo when i translated the divorce certificate. The fact that her ex-husband now resides in the US is not going to sound good so i plan on staying away from anything that could hint at that. The year long relationship she had with her ex boyfriend before me can help, but she got rid of everything related to him due to the nature of how the relationship ended.

Also, i have not received any documents myself after the K1 denial. Is there something i must do to make sure that process is discontinued completely before starting the CR-1 process? Am i supposed to receive a letter from USCIS or call them?

[pepper44 18]

I think you have to wait for it to be closed and something sent to you.

[Ebunoluwa 6,136]

Wonderful suggestions!!! I can definitely do some of these. Thank you all so much for taking the time to write, I really appreciate it. I believe with all these plus the evidence i already mentioned before i had, it should cover that part. We are now thinking how we can prove that she was separated from her ex-husband for 2-3 years despite of remaining legally married. She sent me a document from the court proceedings where it states such separation for 2 years. I'll just have to translate it, which I've already found it can be challenging translating all the legal lingo when i translated the divorce certificate. The fact that her ex-husband now resides in the US is not going to sound good so i plan on staying away from anything that could hint at that. The year long relationship she had with her ex boyfriend before me can help, but she got rid of everything related to him due to the nature of how the relationship ended.

Also, i have not received any documents myself after the K1 denial. Is there something i must do to make sure that process is discontinued completely before starting the CR-1 process? Am i supposed to receive a letter from USCIS or call them?

You will get a letter from USCIS after 6 months saying your petition is expired and that you can file again without prejudice.

You do not have to do anything, some people feel they have to write to USCIS to close out the K1 but since it will expire there is no reason for that

and you are marrying the same beneficiary and are filing a Cr1.

About proving that she was separated for 2 years from her ex, can her parents/siblings write an affidavit to attest that they lived in separate

households ? Did she have a room mate she may have lived with since then ? It will look to the CO that she had a divorce with the motive to re join her former husband in the US and is using you as a means to an end which happens all too frequently.

Doe she have any old emails/texts or something written from him showing his address or stating that he is moving out....anything ?

She needs to search her mind for anything that can show this.

[pepper44 18]

You will get a letter from USCIS after 6 months saying your petition is expired and that you can file again without prejudice.

You do not have to do anything, some people feel they have to write to USCIS to close out the K1 but since it will expire there is no reason for that

and you are marrying the same beneficiary and are filing a Cr1.

Does he have to wait the 6 months to file for the CR1? Just curious of one has to wait for the actual denial letter or the case to expire before submitting a new petition.

[Ebunoluwa 6,136]

Does he have to wait the 6 months to file for the CR1? Just curious of one has to wait for the actual denial letter or the case to expire before submitting a new petition.

Nope, not at all. A new CR1 petition will void and close out the K1 automatically. Now if the petitioner would file for a different beneficiary

then both, petitioner and former beneficiary should withdraw the petition/application depending on how far they had gotten in the process.

If a beneficiary is petitioned by someone else then the previous petition could present a problem when not withdrawn/closed.

[Guille89 0]

About proving that she was separated for 2 years from her ex, can her parents/siblings write an affidavit to attest that they lived in separate

households ? Did she have a room mate she may have lived with since then ? It will look to the CO that she had a divorce with the motive to re join her former husband in the US and is using you as a means to an end which happens all too frequently.

Doe she have any old emails/texts or something written from him showing his address or stating that he is moving out....anything ?

She needs to search her mind for anything that can show this.

I don't see any issue with her parents/siblings writing such affidavit, but would that be considered good enough? Like I mentioned previously, there is that court document from the divorce proceedings that states the 2 years of separation by the time she filed for divorce. I think that would be my best proof once I translate it, but if an affidavit like the one you mentioned would work as well, I would definitely use it as backup.

We're are not going to mention anything about the fact that her ex-husband lives in the US. That is just going to complicate matters. Even though I assume it could come up as a question...which would NOT be good. She told me she would go speak to a notary and see what they could recommend as proof of the separation. Thanks for your help!

[Ebunoluwa 6,136]

I don't see any issue with her parents/siblings writing such affidavit, but would that be considered good enough? Like I mentioned previously, there is that court document from the divorce proceedings that states the 2 years of separation by the time she filed for divorce. I think that would be my best proof once I translate it, but if an affidavit like the one you mentioned would work as well, I would definitely use it as backup.

We're are not going to mention anything about the fact that her ex-husband lives in the US. That is just going to complicate matters. Even though I assume it could come up as a question...which would NOT be good. She told me she would go speak to a notary and see what they could recommend as proof of the separation. Thanks for your help!

Ah, I missed that somehow, yes that should be sufficient.

[Guille89 0]

Quick Question: Question 16 on the I-130 "Has you relative ever been under immigration proceedings?", would her K1 interview and denial at the embassy count as "immigration proceedings"?

[Ebunoluwa 6,136]

Quick Question: Question 16 on the I-130 "Has you relative ever been under immigration proceedings?", would her K1 interview and denial at the embassy count as "immigration proceedings"?

No. Immigration proceedings pertain to "Removal, Exclusion/Deportation, Rescission, or other Judicial Proceedings."