REFUSAL OF K1 VISA

[Ebunoluwa 6,136]

It is not necessary to withdraw a K1 and you can immediately file a petition for a CR1 after you marry and with the correct marriage certificate.

The K1 will expire and the CR1 will automatically void it before expiration.

No waiting necessary.

You can, if you want, attach a separate sheet of paper to the I-130 and state you withdraw the previous petition, attach NOA2 and 221g (if received)

and answer the questions did you ever file for a petition before. No official withdrawal is necessary and a simple attached one sentence withdrawal request

just makes it a bit easier for the adjudicator.

[Panasqojoe 0]

I haven't filed for a petition before my fiance filed the K1 for me.

[JFH 12,190]

Your fiancé will be filing the I-130 for your CR-1 visa also so he/she needs to answer the question "have you ever petitioned before" with "yes".

[LoveinGhana! 55]

on the 17th of March my K1 visa application was denied the only reason the consoler gave me was that she can't grant me the k1 fiance visa because my fiance and I have had traditional wedding (engagement) and for that reason we don't qualify for k1 visa.....wat do we do nw???

AM IN ACCRA ...GHANA...WEST AFRICA

The best advice to give..get married and file the I-130 spousal visa. I am sorry you were denied the K-1. I wish you the best of luck.

[Ebunoluwa 6,136]

I haven't filed for a petition before my fiance filed the K1 for me.

Yes, of course I understand that. Your post indicated "we" and "us" as a couple and the petition form question fits your petitioner.

If you are still unclear whether you, the beneficiary and former K1 applicant, should withdraw your petition, no you do not have to but you can email the embassy of your plans to get married and file a CR1 if you want to. There is nothing to withdraw because you got a refusal and not AP.

If the relationship would be ending and you go your separate ways and in the future have another petition filed for you THEN it is important that

the petitioner requests the previous petition to be closed (even if assumed expired) or else it could hinder you.

Since that isn't the case nothing needs to be withdrawn in your case. Not the petition and not the K1 application.

[NikaMo 39]

Yes, of course I understand that. Your post indicated "we" and "us" as a couple and the petition form question fits your petitioner.

If you are still unclear whether you, the beneficiary and former K1 applicant, should withdraw your petition, no you do not have to but you can email the embassy of your plans to get married and file a CR1 if you want to. There is nothing to withdraw because you got a refusal and not AP.

If the relationship would be ending and you go your separate ways and in the future have another petition filed for you THEN it is important that

the petitioner requests the previous petition to be closed (even if assumed expired) or else it could hinder you.

Since that isn't the case nothing needs to be withdrawn in your case. Not the petition and not the K1 application.

In September of 2011 US Embassy denied my wife K-1 visa after interview. We got married later on and filed I-130 in March of 2012. I did send a letter requesting withdrawal of my I-129F since we got married and I-129F becomes void. Months later(Later then noa2 of new I-130) I got an official acknowledgement letter from USCIS. On that letter they indicated that per my request they closed my I-129F case. Also they indicated on that letter both old and new case receipt numbers. They also noted new I-130 case is for same beneficiary and since we are married now I-129F case is void and would not effect any way with my new case. Wife did pass interview later in October of 2013 and no one ever asked about our old I-129F case anywhere. So may be better just simply write a few sentence that they are married now and that makes someone's job much easier and don't get any unnecessary RFE's.

[Ebunoluwa 6,136]

In September of 2011 US Embassy denied my wife K-1 visa after interview. We got married later on and filed I-130 in March of 2012. I did send a letter requesting withdrawal of my I-129F since we got married and I-129F becomes void. Months later(Later then noa2 of new I-130) I got an official acknowledgement letter from USCIS. On that letter they indicated that per my request they closed my I-129F case. Also they indicated on that letter both old and new case receipt numbers. They also noted new I-130 case is for same beneficiary and since we are married now I-129F case is void and would not effect any way with my new case. Wife did pass interview later in October of 2013 and no one ever asked about our old I-129F case anywhere. So may be better just simply write a few sentence that they are married now and that makes someone's job much easier and don't get any unnecessary RFE's.

Yes, it doesn't hurt but neither is it required and I stated in the earlier post that it would make the IO's job a bit easier if a short mention is attached.

[Panasqojoe 0]

pls wat is the difference between I-130 visa, K3 visa and CR-1 visa?? and which is best for me as I have been refused a K1 visa on the 17th of March because I have had a traditional wedding (engagement) and the councilor suggested I file for a spouse visa.....I have had advices from members of the group but the problem is am confused don't knw which will best suits my situation ...I have already done the engagement and have applied for license and have been giving 21 days to wait and come wit my family and my fiance and her family to register the marriage but I don't knw which visa application to choose....

should I choose: K3, I-130 or CR-1???

[aleful 1,905]

hi

you will be filing the i130 for the spousal visa, CR1 is the category, your spouse will receive the 2 year conditional green card because you will have been married less than 2 years

the k3 is almost obsolete, if you file the i129f for the K3, it will be administratively closed because it lasts the same as the spousal visa

[NikaMo 39]

Yes exactly. Sometimes some of those people process applications don't read everything clearly or don't pay attention. They love to issue RFE whenever they see something out of the ordinary.

[Panasqojoe 0]

About the letter to close my refused K1 visa should my fiance attach it to the new spouse visa form and send both together to the uscis office or should send both separate.

Also will there be any special information to be added to the letter to close my K1 visa or I will just state DUE TO THE FACT THAT AM GETTING MARRIED I WISH TO CLOSE MY K1 VISA AND START WIT A SPOUSE VISA APPLICATION.

again we are confused about the type of spouse visa to apply for since we knw Lil about them all..

so with our case which should we choose...K3, I-130, CR-1????

[Boiler 45,497]

I would start by reading the guides.

[IcezMan_IcezLady 582]

So can we file for the CR1 nw or we will have to wait a year before filling cause we are already engaged and our marriage since can't be done in America will be done in Ghana so can we file for the spouse visa ryt after our wedding??? or we will have to wait n file it next year

Since the embassy sees it as marriage, you can just go to court and register it and file immediately.

[IcezMan_IcezLady 582]

You should get your "husband" to be doing the research since he is the one to do the filing.

He will file for the petition I-130 for Alien Relative...since your marriage will be under 2yrs, it is be in the CR-1 category when you apply for visa .

this process takes about a year, pricier than the K-1 process.

[Boiler 45,497]

Since the embassy sees it as marriage, you can just go to court and register it and file immediately.

Consulate does not matter, controlled by local laws.