K1 visa denied, now will proceed to CR1 route

[MIRADEL 0]

Good day!  I would like to ask for your opinion.  My fiance now my husband filed fiance visa last June 17, 2016 and my interview was Oct 13, 2016 at us embassy manila. I was with my daughter since my fiance included her on his petition. As the consul interviewed me, she noticed at my file that I had tourist visa application last january 2016 and she noticed that I had a different surname bec. I was still married then and my annulment got final in the court by april 2016. and when we file for the fiance visa, it was june 2016, few months after my tourist visa application (denied) with my married surname. So she asked me about it. So I told her honestly. That during my tourist visa application i was still married that was why I was using my married surname so she then asked me if I'll get approved, will I visit my fiance then? I told her no bec I really got confused with her question and she said, she find it very hard to believe that I won't visit my fiance there if Ill get my tourist visa approval.   So I was lead to their higher officer and they scrutinized my tourist visa application why I lied and they dig about my annulment and the range of time between my tourist visa application (married) and then fiancé visa application (annulled) because I never mentioned about my annulment during my tourist visa interview.    Long story short, I was denied and was informed two months after.  So my fiancé flew here in my home country and we got married last February 2017.  So we will file CR1 next month.  My question is, can we proceed our CR1 visa application without receiving a k1 denial letter from USCIS.?  When my husband called them, they said it is still under review and it will take up to 2 years before they could come up with a decision.  My husband cannot wait for 2 years so we decided to write a withdrawal letter and we sent it three weeks before but until now we haven’t yet received any feedback from them.  Do you guys think it will cause us problems in my interview for the spousal?  Will we get the approval this time since the reason why they denied us in our k1 is probably because they were not convinced that me and my husband had a bona fide relationship?  Will I be scrutinized again in my CR 1 interview?

Thank you so much!

 

 

Edited March 28, 2017 by MIRADEL

[Penguin_ie 5,997]

I would send a copy of the withdrawal letter with the CR-1 application, just so it is absolutely clear.

 

However, you may have bigger things to worry about.  Why exactly were you denied?  What if anything was written in your passport/ on the paper given to you when you were denied? I am worried that you were denied for miss-representation, which would mean a ban.

[MIRADEL 0]

Hi, thanks for your input. After two months on my interview I received my passport back with a letter saying i was eligible to be issued a visa because the consul was not convinced that the petitioner and the beneficiary has a bona fide relationship and they returned our case back to uscis and my passport didn't have a ban stamp in it or whatsoever.  However when we called uscis they said they are still reviewing our case so we sent them a letter requesting them to close our fiance petition since we are already married. If I was accused of having fraud or mis representation, i guess they could have informed me at the letter I received at the consulate. Right?

Edited March 28, 2017 by MIRADEL