K1 denied. Next step and documentation needed

[Vicgh16 0]

Hello Everyone, 

 

My partner's K1 got denied. We got married October 2016, I want to file for him asap. What additional documentations do I need to add to the CR1 form . What's the total package I need to send to immigration. 

 

Thank You 

 

[Transborderwife 4,666]

Firstly, why was the k1 denied?  A cr1 may not directly resolve that.

[Vicgh16 0]

K1 was denied because the officer didn't think we will get married within 90 days. Two years prior to the K1 being filed,  my partner was denied of a student visa.

[Transborderwife 4,666]

Just now, Vicgh16 said:

K1 was denied because the officer didn't think we will get married within 90 days. Two years prior to the K1 being filed,  my partner was denied of a student visa.

It sounds to me that they more believe your partner is hungry to get to the USA.  I'd be concerned with having hard evidence of a bonafide relationship.

[Vicgh16 0]

Thank you, even though that wasn't my original question. 

 

[Transborderwife 4,666]

No, but you need to prepare the evidence appropriately 

[geowrian 22,337]

6 minutes ago, Vicgh16 said:

Hello Everyone, 

 

My partner's K1 got denied. We got married October 2016, I want to file for him asap. What additional documentations do I need to add to the CR1 form . What's the total package I need to send to immigration. 

 

Thank You 

 

First, I'm sorry to hear that.

 

Second..when was your case denied? If you got married in Oct. 2016 and got denied recently, then it's probably because you are not eligible. A K-1 visa is only for fiances...you cannot be married to anybody.

 

You can file a CR-1 for him, but I would wait to know for sure why your K-1 was denied first. Without correcting that, they aren't likely to approve a CR-1. Ghana is an extremely strict embassy because Ghana is a very high fraud country for US immigration. You need to show very strong evidence of a bona fide relationship, and lots of face time. I don't know your case, but for example, getting engaged or married after your first in-person visit raises red flags. Previously denied visas raises flags. Age discrepancies are more likely to raise a flag (relative to many other countries).

 

The form you need is I-130 to petition for him so he can later file for a CR-1.

[Vicgh16 0]

That's why I posted my question here. Hoping that someone who has experienced my circumstance may be able to guide me.

[Vicgh16 0]

Geowrian, thank you for the response. He got denied of the K1 in August.  We weren't married then. We got married in October 2016. How can I officially check why he was denied of the K1? He said the officer didn't believe we would get married with 90 days after entry to the states. 

 

[geowrian 22,337]

2 minutes ago, Vicgh16 said:

Geowrian, thank you for the response. He got denied of the K1 in August.  We weren't married then. We got married in October 2016. How can I officially check why he was denied of the K1? He said the officer didn't believe we would get married with 90 days after entry to the states. 

 

Ok, thanks for the info. Not being married at the time is good because if you were, it could be viewed as misrepresentation and you would have had a bar. So it sounds like they just didn't believe your relationship was legitimate. In that case, you need to gather more evidence of a bona fide marriage (photos together and with family, more face to face time, financial co-mingling, etc.). Then, you can file the I-130 using the guides here to help you (http://www.visajourney.com/content/i130guide1). Expect 12-18 months for processing...it's not a simple process, and - again - Ghana is a tough embassy. Those applications tend to go through Administrative Processing pretty often, which can take days to weeks to months to ???. It's going to be a long process, but I wish you the best. Congrats on the marriage.

[Vicgh16 0]

Thank you for your response. Is there a way i can check officially check why he was denied?

[geowrian 22,337]

2 minutes ago, Vicgh16 said:

Thank you for your response. Is there a way i can check officially check why he was denied?

No. The embassy may send the I-129F petition it back to USCIS, which may then send a NOIR to the petitioner (your fiance) providing a reason. That said, that process tends to take months to a year or more from what I've seen on VJ. Proceeding with the CR-1 might be a better option. While the only clue as to your denial is that the CO didn't believe you would marry, that - to me - implies the bona fide relationship was not proven in the CO's eyes. Either way, since you are now married, you can't fight the NOIR since you are no longer eligible for that visa anyway. Again, the CR-1 sounds like the next option.

[O&GForever 387]

5 minutes ago, Vicgh16 said:

 Is there a way i can check officially check why he was denied?

Did you contact your Senator or Congressman to have them enquire about why you were denied? That's how we found out why our K1 was denied. Ours was specifics, but I know a lot of people simple get we didn't believe the relationship was real. 

 

When you apply this time make sure to frontload and send as much quality evidence as you can upfront. You can also add stuff at the NVC level if you choose to. 

[Vicgh16 0]

No I didn't contact the Senator or congressman to inquire about the denial. What do you mean I should front load? Do you mean I should provide all the evidence I have to provide at the interview when I apply?

[O&GForever 387]

58 minutes ago, Vicgh16 said:

No I didn't contact the Senator or congressman to inquire about the denial. What do you mean I should front load? Do you mean I should provide all the evidence I have to provide at the interview when I apply?

Front loading means providing extra documentation and evidence with the petition you send to the USCIS. For example, I submitted evidence of my trips to Ghana, receipts and information from our wedding, conversations and call logs, letters of support from my family, proof my husband is on my insurance, and the beneficiary of my life insurance, and some other things. Then I did what's called side loading at the NVC level. I added proof of another trip, updated conversations and a few other items.

 

The idea behind this is to provide the CO with evidence before the interview. It seems like many times they have made up their mind before you step foot in the embassy. There have also been cases where the CO's don't even look at the evidence that is brought to the interview. By front loading, you've hopefully provided them with a positive view of your case ahead of time.