re-apply K1fiance visa in Ghana or do CR1? what is best?

[Ghana1987 0]

Hello My fiance just had his interview last month July 19th 2016 and was denied the K1 visa. After much thinking we believe our denial had to do with the fact that I was still married when we started communication and the fact that 2 years prior I petitioned for then my ex husband.

Its a long story but I met my ex husband in the states, married and then seperated. He has been in Mexico since September 2013 but I was silly enough to never cancel his petition. Anyway I went to USCIS and even contacted a senator here to try to cancel and old petition of an ex husband. Dont know why but USCIS has been slow to cancel it we are still waiting for it to cancel all the way. took make it brief it took me forever to get my ex husband to sign the divorce and during that time I met my wonderful fiance.

Well, the senator contacted the embassy of Ghana to get the reason of our denial and we were told that the CO denied our K1 visa since they believed our relationship was a sham meant to invade immigration laws, etc. Anway the embassy also emailed the senator and said I could proceed our petition by reapplying for the K1 visa or doing the CR1.

my question is what do you think would be our best option? I know that this time when I petiton for my fiance I need to front load and do a timeline on how things happened. I feel the Ghana embassy is tough or more so now because they might belive I am doing this as a business which is not the case. I really love my fiance and will do anything for us to be together. Anyway after much heartbreak WE decided to stay strong and fight for our love.

WE just don't know which option will be best.

part of me wants to re-apply for the K1 visa and this time front load, add a timeline, more pics and evidence, etc. the reason I want the K1 is because its faster then the CR1 and being away from the one you love is hard enough.

the downside of the K1 is being denied again and then had wasted time and now have to do the CR1.

The reason I don't want to do the CR1 is because it takes too long. I know its cheaper in the long run but I also worry that If I go straight now to the CR1 without doing the K1 again that the CO in Ghana might still deny us.

I feel if I do the CR1 after the embassy sees I tried to do (two )K1 then maybe they will take more compassion and approve us since they see our battle and how hard we have tried and even resubmitted a K1.

at this point i See it either way?

I know that the K1 we cant appeal but the CR1 we can

I'm wondering about the CR1 Appeal and how long that takes in case Ghana denies us again for the reason they dont belive our relatonship. I justworry so much this might be a battle WE cant win.

Will someone who knows about this please let me know what is the best route for us.

I know I have alot of question and I apologize. I just want to know the pros and cons to both especially how to appeal a CR1 and how long does that take. I might do the CR1 if its the safest bet.

Also please no judgment. thanks

[Ghana1987 0]

I married March 2013 and separated in September 2013. we lived apart for more then a year and I started the divorce process in 2014 but my ex husband took forever to give me the divorce that I officially divorced in may 2015.

I petitioned for my fiance November 2015 and his interview was july 2016. the embassy was not happy we communicated while I was going through the divorce process. My fiance tried to explain we had been living apart for more then a year and our divorce was in the courts but the embassy did not care and kept referring me as a married women. My fiance kept telling the CO I was divorced then the CO asked if that what our religion was about? anyway the CO was not very rude just told my fiance they cant grant him a visa at this time since I was was married and my ex husband petitioned was still active. that is when I contacted a senator to help me with my case since I have been trying

to cancel that old petition for over a year and now finally we are getting somewhere with it, might take a few months but USCIS just confirmed they received my petition to cancel it. We even showed proof to the CO in ghana of me trying hard to cancell the old petition but they did not care and still denied my fiance the K1 visa.

any advise is welcomed! thanks

[Adil & Jeanne 296]

Easier to reapply CR1

if denied again, refile for CR1

i appealed and it took a year for decision (fee for appeal then was $110)

Decision was in my favor and marriage validated but it said reapply

their decision to deny K1 was not based on documents but on emotion of the CO / you can not overcome personal feelings of a CO

a new K1 would be denied for the same reasons

this will not be a fast process as you want

stay in love / support each other emotionally / never take your frustration with immigation out on each other as you are in for a long and difficult case

[JenniferNangel 137]

I read a lot of k1 denied in Ghana so I do t think you being married (legally separated) had anything to do with it. My parents were separated for 3 years before they actually were divorced those things take time and I remember you saying he disappeared and you couldn't serve him so that must of made it more difficult. The best option would be to marry in my opinion and file the I-130

Good luck and I hope it gets better for you

[Ebunoluwa 6,136]

You already have a good understanding about the pros and cons and your red flags

and I will elaborate specifically on what happens if you are again refused if you choose a CR1 visa path.

The current re affirmation process takes about 12-18 months from the time Ghana returns a petition to a second interview.

If the CR1 gets returned to USCIS then USCIS will send the petitioner a NOID/NOIR letter and you then have 30 days

to respond with your rebuttal. If USCIS is satisfied with your response they re affirm the petition and send it again to the

embassy with recommendation to approve the visa.

I advise you to go the CR1 route with Ghana, it is a more stable visa type than the K1 with that embassy, if

you have been together for some years they will deny again because they will question why you have not married

this whole time.
You also have the rebuttal second chance with the CR1, as you know the returned K1 will expire and not be reviewed.

[Ebunoluwa 6,136]

Easier to reapply CR1

if denied again, refile for CR1

i appealed and it took a year for decision (fee for appeal then was $110)

Decision was in my favor and marriage validated but it said reapply

their decision to deny K1 was not based on documents but on emotion of the CO / you can not overcome personal feelings of a CO

a new K1 would be denied for the same reasons

this will not be a fast process as you want

stay in love / support each other emotionally / never take your frustration with immigation out on each other as you are in for a long and difficult case

If denied again with a CR1 then the next step is to respond to the NOID/NOIR, not to re file.

If an appealed K1 decision was favorable then there would have been no need to reapply, therefore I don't understand

how you can call the appealed decision "favorable."

[Jamis2 5]

^{Marry. Ghana is tough and visit as well while they are working on your petition. Was your ex-husband from Ghana? Yes, don't marry if not, you will get denied again.}

[Anitafeliz 1,133]

CR1 at least that one does not expire and you can appeal. VS k1 that seems to be a joke to Ghana since they deny most of them.

This is a TOUGH embassy.

Marry and apply for CR1

[NigeriaorBust 4,087]

A second petition of either type has a high chance of being successful Mot people will say do a CR1 because the thought is that it shows more commitment. It is also the most common petition used by people committing immigration fraud because it requires the least amount of actual co habitation. ( get married apply . don't live together while it is processed , get the non US person to the US , generate proof of valid marriage , the go your separate ways .. if you are a pro repeat as necessary to get a quick 15-20 k )

A CR1 actually requires a higher level of proof ( you have to prove you have a valid marriage not just that you are committed to getting married )

On the first petition they can say they "feel" your relationship is not valid. When you are persistent enough to reapply they actually need proof that your relationship is off not just a feeling.

SO if you go for a second k1 , you get denied ( really not probable ) you have a CR1 to file that should be faster that the review of a CR1 is that is your first option and if that CR1 is denied it gets a review .

[Ghana1987 0]

A second petition of either type has a high chance of being successful Mot people will say do a CR1 because the thought is that it shows more commitment. It is also the most common petition used by people committing immigration fraud because it requires the least amount of actual co habitation. ( get married apply . don't live together while it is processed , get the non US person to the US , generate proof of valid marriage , the go your separate ways .. if you are a pro repeat as necessary to get a quick 15-20 k )

A CR1 actually requires a higher level of proof ( you have to prove you have a valid marriage not just that you are committed to getting married )

On the first petition they can say they "feel" your relationship is not valid. When you are persistent enough to reapply they actually need proof that your relationship is off not just a feeling.

SO if you go for a second k1 , you get denied ( really not probable ) you have a CR1 to file that should be faster that the review of a CR1 is that is your first option and if that CR1 is denied it gets a review .

I'm a little confuse on what you mean about being a "pro" and about the 15-20k? what do you mean by that?

you are also saying that a K1 visa to get denied is not probabable when petitioned a second time?

are you saying I might have a better chance with the K1?

if so you might be one of the few people who tell me this?

truthfullly I would love to do the K1 visa since My dream has always been to marry here in the states with all my family and friends. especially since I have already bought so many things for a wedding here. I have the venue, table decorations and even someone to cater. If we could marry here it would be a blessing?

I hope your right about the CO not denying a second K1 because of a hunch but actual evidence.

Who knows? wish me the best!

[Ghana1987 0]

Thank you so much everyone for your help! I was told the CR1 would be my best bet! I just hope and pray we don’t get denied again. Being apart is terrible and super hard.

Anyway to Answer someone question my Ex husband was from Mexico. He came to USA Illegally and shortly after I got married I did the K3 visa for him. He returned to Mexico for Strange and stupid reason. I was dumb and blind while He broke my heart. Finally my eyes opened and I saw him for whom he was and divorced. Took me forever but He finally signed the documents. Anyway my fiancé is from Ghana. We have a lot of things in common. I just hope I do the CR1 process correctly this time? Not sure if I should get a Lawyer to help me or do it myself?

I feel getting a lawyer might make the Ghana embassy wonder if I have something to hide since the K1 visa I did on my own?

What do you guys think? Would it be best to get a lawyer or a waste of money?

I have another friend who is also doing the CR1 process in Ghana and I’m sure her experience can help.

Any advice is welcomed.

And again thank you ALL for responding. Your advice truly has lifted some burden off my shoulders.

I love the advice where someone said not to take out my frustration on my fiancé and to Stay in love! Thanks for that! I hope and pray this process just helps us to grow closer to each other and to never forget how hard we fought to be together. Wish you all the same luck and Happiness.

Thanks again everyone who has taken the time to help me.

[Ghana1987 0]

My ex husband was from Mexico. He never obtained his green card or anything else. He never even showed up to his interview in Mexico since by then we were already going through a divorce. I assumed the I-30 would cancell out. its been more then 3 years and It is still active this is part of the reason Ghana denied my fiance a visa since my ex petition is still active. I have contacted USCIS and gone to Infopass and now have a senator working with me to get it cancel ASAP. so far we have made progress but its been super slow. I guess I was one of those rare cases where an old petition never canceled! lucky me!

[Anitafeliz 1,133]

I think you should choose what is more important the big wedding in the USA or your partner coming to the states.

You asked what options were best and everyone told you their opinion. From what is read Ghana denies alot. Maybe a second K1 wont be denied BUT its a big risk. A CR1 is not a guaranteed approval either.

Its a tough embassy.

But reading your post i cant help but read how you wedding plans seems to be more of importance.

You can always marry in Ghana and then have your wedding stateside.

I would evaluate whats more important to you.

Edited August 29, 2016 by Anitafeliz

[NigeriaorBust 4,087]

I'm a little confuse on what you mean about being a "pro" and about the 15-20k? what do you mean by that?

you are also saying that a K1 visa to get denied is not probabable when petitioned a second time?

are you saying I might have a better chance with the K1?

if so you might be one of the few people who tell me this?

truthfullly I would love to do the K1 visa since My dream has always been to marry here in the states with all my family and friends. especially since I have already bought so many things for a wedding here. I have the venue, table decorations and even someone to cater. If we could marry here it would be a blessing?

I hope your right about the CO not denying a second K1 because of a hunch but actual evidence.

Who knows? wish me the best!

People that marry foreigners for profit are professionals. There are all sorts of shady immigration practices especially when dealing with high fraud countries. Many have done the second K1 , including myself and not had an issue. In fact if you dig a think you will find less denied 2nd K1's than you will find denied CR1's after a denied K1. Inexperienced people here think the CR1 is the answer to a bad K1 experience. The real key is knowing what went wrong and addressing it.

[MeAlone 161]

People that marry foreigners for profit are professionals. There are all sorts of shady immigration practices especially when dealing with high fraud countries. Many have done the second K1 , including myself and not had an issue. In fact if you dig a think you will find less denied 2nd K1's than you will find denied CR1's after a denied K1. Inexperienced people here think the CR1 is the answer to a bad K1 experience. The real key is knowing what went wrong and addressing it.

I like your advice and I believe the same, 2nd K1 means a condition to marry and a condition to stay married, not many cheaters go this way, also it shows the genuine love to the same person, not another one, the same and not being afraid to be attached for more than 2 years conditions. I am doing the 2nd K1 by the way and I hope it shows as it is the real love and wish to be together, though our 1st K1 NOA2 was approved and we didn't make it to the interview

Tasha

Edited August 29, 2016 by EricTasha