Is it harder for an embassy to deny a CR-1 than a K-1?

[RobertM54 36]

This is slightly related to another post. I saw this in a 2015 post

"The embassy can only deny a CR1 visa if they can show fraud."

In 2010 I found this

""Rejection" would be quite rare and only because something required was missing in the petition filing. "Denied visas" are far from rare. Most denials are due to failing to convince the consular officer the relationship is bona fide. "

If the latter post is still true, then it seems to me if a K-1 is rejected because they do not like the relationship, a CR-1 can be rejected for the same reason. It is still an arbitrary and subjective evaluation by a government bureaucrat that is not subject to review or appeal. True?

[Anitafeliz 1,133]

I think pretty much any petition can be rejected/denied but the difference is that your CR1 wont expire.

You can appeal a CR1 where a K1 you would need to start over.

It gets sticky when they throw that word fraud in the mix from what I've seen here...

[Adil & Jeanne 296]

They can reject for any reason

they can say the spouse's family would not approve of relationship because of age or religion differences

they can say the beneficary is not knowledgeable about the applicant

not enough correspondence between the 2

it is totally up to the CO

but it is high fraud countries that get most of the problems

[cd37 229]

they can say the spouse's family would not approve of relationship because of age or religion differences

The first reason cant be true.....visas are issued based on approval of relationship of your parents or family. Its something you and your spouse have decided to get engaged or married as long as you are both adults. In many cases parents did not approved relationship but that does not mean they will reject your visa.

[mallafri76 1,012]

The first reason cant be true.....visas are issued based on approval of relationship of your parents or family. Its something you and your spouse have decided to get engaged or married as long as you are both adults. In many cases parents did not approved relationship but that does not mean they will reject your visa.

We've actually seen several members here on VJ whose visas were denied due to the relationship not being accepted by family. I especially remember an Indian couple where his family did not agree of the marriage and therefore did not attend the wedding. Their visa was denied.

The COs often look at the culture of the country in which they're in to determine the bona fida of a marriage.

[millefleur 5,047]

There are some active users around who had their IR-1/CR-1's denied. They had to go through a lot to get it finally approved. It happens. K-1's seem to be denied from time to time on VJ as well.

It depends on many factors: individual red flags to that case, the local culture/customs, the fraud rate of each country, and sometimes just a really judgemental or skeptical CO. There's no fixed formula for denial, and as they say: each case is unique.

Edited November 25, 2016 by millefleur

[Penguin_ie 5,996]

****** Moving from CR-1 to General Immigration forum as topic concerns different visas *******

I think it is a little true that the CR-1 is more difficult to reject, for two reasons:

1. The couple has taken that extra step of getting legally married, which by itself goes a little towards "bonafide relationship", and may also mean more visits than for a K1 couple, on average.

2. The affadavit of support issue; with the CO always has some discretion, with the I-134 for the K1 they have more than with the legally binding I-864, assuming the petitioner is over the 125% threashold.

[LionessDeon 2,060]

In 2014, my then fiancé's K1 was refused. In 2016, he had a second interview on that same petition and was approved. Our petition didn't expire. We didn't have to start over.

There are all kinds of different circumstances and situations.

[Unlockable 7,315]

The rarest i've seen was a denial because the CO thought the couple was related. Said the couple had the same facial features.

Point being, ANY visa can be denied.

[Tusabe 14]

If there is red flags in the relationship like extreme age difference or different cultures or religions it doesn't matter if you marry or do a k1 visa. I guess in some cultures it's normal to marry someone older than your father like in the Chinese regions but who knows

[cd37 229]

We've actually seen several members here on VJ whose visas were denied due to the relationship not being accepted by family. I especially remember an Indian couple where his family did not agree of the marriage and therefore did not attend the wedding. Their visa was denied.

The COs often look at the culture of the country in which they're in to determine the bona fida of a marriage.

Generally they provide reason why they have denied your application. Did all of those members actually got a letter stating the exact reason you have mentioned? Most of the time people just assume things that they were refused because of some reason. Coming from the same culture, if that is true then nobody will go for inter-caste or inter religion marriages. Every case is different. If they deny somebody for those stereotypes then it is ridiculous. The reason can be visa fraud but it cant be because "your parents would not approve your relationship"

[JFH 12,191]

The trouble is that denials are very much an individual thing. It could be that it's just that particular CO who has decided to deny them based on a feeling that there is something 'not right' about the application but another CO on another day may have approved it.

It's the same with CBP officers at the border. They use individual discretion. I have been given hassle at the airport by a CBP officer who told me over and over again he didn't believe that I was just visiting and that I would leave on x day. This was probably my 42nd or 43rd entry into the country and I have never overstayed or been denied before so why he should think that I don't know. It's quite possible that I had been seen by the officer at the next desk that it could have been a completely different story.

[millefleur 5,047]

The trouble is that denials are very much an individual thing. It could be that it's just that particular CO who has decided to deny them based on a feeling that there is something 'not right' about the application but another CO on another day may have approved it.

It's the same with CBP officers at the border. They use individual discretion. I have been given hassle at the airport by a CBP officer who told me over and over again he didn't believe that I was just visiting and that I would leave on x day. This was probably my 42nd or 43rd entry into the country and I have never overstayed or been denied before so why he should think that I don't know. It's quite possible that I had been seen by the officer at the next desk that it could have been a completely different story.

Yes, the whole thing is very anecdotal. And sometimes people who were rejected post about it here on VJ, but then they don't return to update us on what happened after or why. That makes it even more mysterious for us worrywarts, because we're just left hanging as to why that person's case was rejected, thinking: maybe that will happen to me! But overall it seems to be exception to the rule, it seems like most VJers do actually get approved.