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Owenhughes22

Previous USCIS work petition denied. Effect on future K1 Visa

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Filed: K-1 Visa Country: United Kingdom
Timeline

Hi all,

 

Long story short:

 

i came to the USA on a B1 Volunteer Visa to volunteer at a local church and met my current girlfriend (Soon to be Fiance) whilst i was hear during that time (July 2015-June 2016). I was offered a Job in the February 2016 and we began dating on 31st March 2016 with the final paperwork for the work visa being sent off May 13th 2016. We decided to start dating thinking i would be coming back to work full time here on a different visa with no intention to marry. Well unfortunately the visa the church applied for was denied. Not at the consulate but from USCIS as the church didn't meet a small requirement for the work visa. This process only just recently finished (July 2017). Throughout this whole process me and my girlfriend have stayed together with her managing to visit for 5 months during the waiting. We want to get married and start the K1 visa process as we both wish to live in the USA together. My question is how does a USCIS petition denial for a job possibly effect this future K1  petition? Also how do i address it within the petition itself? We are more than happy to address this within the petition but want to address it the right way and be completely open. Just a weird situation and we want to make sure we do it the right way. We are also open to getting married first in the UK and going the CR1 route but just don't know which is the best solution for us to be together.

 

Looking forward to hearing your responses. 

 

 

Edited by Owenhughes22
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That will not impact the K-1 at all.  Also, look seriously into a CR-1.  They are quicker, cheaper and easier right now.  Good luck to you.

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

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No impact whatsoever, though you will have to explain it. You did nothing wrong, so there's nothing to be bothered by.

 

Deciding a K1 vs a spousal visa will be entirely up to what you want to do. Understand that once you arrive in the US on a K1 and marry, you may not work until you apply for AOS (with an EAD+AP). The EAD arrives after filing within 90-120+ days. The green card may take up to a year. So you will go a long period of time without the ability to work. For some people that is an okay solution. For others it's not a prospect they would enjoy. The spousal visa requires you already be married, it is a longer process to complete than the K1, but once you arrive in the US you will already have a green card.. so there would be no need to wait to work.

 

If you do a spousal visa though, you will need to decide where you are going to marry. If it is within the UK you will need to comply with their immigration laws when it relates to marrying a fiancé. There will be visa paperwork on their end and requirements you must meet.

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

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Filed: K-1 Visa Country:
Timeline
31 minutes ago, John & Rose said:

That will not impact the K-1 at all.  Also, look seriously into a CR-1.  They are quicker, cheaper and easier right now.  Good luck to you.

CR1 is not quicker by any means. Even with all the delays of a K1 currently at USCIS, K1 is still the fastest route. It’s currently taking 7-9 months maybe a couple more depending on the embassy, but a CR1 is taking 12-14 months maybe more.  

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2 minutes ago, TNJ17 said:

CR1 is not quicker by any means. Even with all the delays of a K1 currently at USCIS, K1 is still the fastest route. It’s currently taking 7-9 months maybe a couple more depending on the embassy, but a CR1 is taking 12-14 months maybe more.  

I-129F: ~6-7 months as of right now

USCIS -> NVC -> Embassy: ~2 months (crazy, right??)

Embassy: ~1-3 months

Total: 9-12 months on average.

 

K-1 is still faster to be in the US together, but not by much. It's potentially slower to be allowed to work in the US, travel abroad, and much slower to get a green card, though.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Not that we were in the same situation, but my husband (then fiance) had applied for a visitor visa before we started the K-1.  We knew it was a long shot, but we decided to try to meet in the US first.  Of course, the visitor visa was denied and I think we had to include that info on the Dept of State before he had his interview.  They didn't ask him anything about it, just focused on our relationship.  Besides, you did nothing to warrant the work visa denial.  You didn't have a history of visa fraud or criminal convictions or such.  You applying for a fiance or spousal visa should not have any problems if you two are committed to each other!



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7 minutes ago, TNJ17 said:

CR1 is not quicker by any means. Even with all the delays of a K1 currently at USCIS, K1 is still the fastest route. It’s currently taking 7-9 months maybe a couple more depending on the embassy, but a CR1 is taking 12-14 months maybe more.  

That is absolutely correct. However I think sometimes people refer to K1 + AOS as the whole process.  So if you think of it that way, to obtain a K1, marry, and then wait for your first green card it could, in theory, take longer than a spousal visa process entirely. But at least the couple waits it out together and they will receive an EAD if they file for it within 90 days or so... making the green card wait not so terrible.

 

4 minutes ago, geowrian said:

I-129F: ~6-7 months as of right now

USCIS -> NVC -> Embassy: ~2 months (crazy, right??)

Embassy: ~1-3 months

Total: 9-12 months on average.

The additional wait between the NVC and at the embassy is actually embassy specific. The CSC can be slow at getting cases over to the NVC, but once it does reach the OP's embassy (the UK) they will only have a few weeks wait. Most of that wait will be based on how fast the UKC finishes their end of the requirements, like the medical. Once that's completed they can make an appointment for the embassy within a couple of weeks. Not every embassy's wait time is the same. So a K1 is still faster than a spousal visa for sure.

Edited by yuna628

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

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17 minutes ago, TNJ17 said:

CR1 is not quicker by any means. Even with all the delays of a K1 currently at USCIS, K1 is still the fastest route. It’s currently taking 7-9 months maybe a couple more depending on the embassy, but a CR1 is taking 12-14 months maybe more.  

CR-1 NOA2s are coming in 2 to 3 months now.  CR-1s are taking under 10 months total.  They also cut out a year of AOS and you have the green card at POE.  

 

I am over 7 months now waiting on NOA2 and we know that there are two months after approval before USCIS even sends the files to NVC.  So timeline vs timeline, they are at POE while the K-1 is waiting on the NVC number just to schedule an interview.  K-1 is a solid year now and then another 9 to 12 months for GC.  

 

CR-1 is faster, much cheaper and more stable than the K-1 (NOA1 to GC).

Edited by John & Rose

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

IMG_5168.jpeg

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5 minutes ago, yuna628 said:

That is absolutely correct. However I think sometimes people refer to K1 + AOS as the whole process.  So if you think of it that way, to obtain a K1, marry, and then wait for your first green card it could, in theory, take longer than a spousal visa process entirely. But at least the couple waits it out together.

 

The additional wait between the NVC and at the embassy is actually embassy specific. The CSC can be slow at getting cases over to the NVC, but once it does reach the OP's embassy (the UK) they will only have a few weeks wait. Most of that wait will be based on how fast the UKC finishes their end of the requirements, like the medical. Once that's completed they can make an appointment for the embassy within a couple of weeks. Not every embassy's wait time is the same. So a K1 is still faster than a spousal visa for sure.

The NVC wait is not embassy specific. It is held at USCIS before it is sent to NVC. CR-1 is taking under 10 months recently.  K-1 is taking 12.  CR-1 is considerably cheaper and GC is at POE.  It IS theoretically possible for me to cancel the K-1 and file a CR-1 and not only hit POE sooner but the GC a year sooner and $1000 more in my pocket.  Theory is wonderful but facts are facts.  CR-1 is quicker, even just to POE.

Edited by John & Rose

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

IMG_5168.jpeg

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4 minutes ago, yuna628 said:

The additional wait between the NVC and at the embassy is actually embassy specific. The CSC can be slow at getting cases over to the NVC, but once it does reach the OP's embassy (the UK) they will only have a few weeks wait.

The 2 months was referring to the transfer of the case from USCIS to NVC to the embassy. That piece is not embassy specific for an I-129F (since NVC doesn't do much processing or schedule the interview for K-1s).

 

Edit: Where is the 10 month CR-1 info coming from? I'm not seeing this anywhere as the typical timeline (obviously some people get this).

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Just now, geowrian said:

The 2 months was referring to the transfer of the case from USCIS to NVC to the embassy. That piece is not embassy specific for an I-129F (since NVC doesn't do much processing or schedule the interview for K-1s).

I kind of meant that as well, sorry for not clarifying that correctly.

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

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Filed: K-1 Visa Country:
Timeline

I haven’t heard of anyone who’s filed for CR1 that got their visa in hand in 10 months or less or gotten their NOA2 in 2-3 months unless they had it expedited. CR1 is better, sure that I believe. But no way is it faster. 

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Filed: Citizen (pnd) Country: Nigeria
Timeline

Well I know of someone, so let me give you the breakdown: Filed petition (CR1) March 6, 2017, received NOA one week later, NOA2 came June, Interview November 14th, and husband got here December 2017..You asked what country? Lagos, Nigeria...Yes, you read it right, Nigeria..Case wasn't expedited either, so it is very well possible to get approved 10 months or less on a CR1...OP just do what you think is the better option for you..Wishing you well on your journey...

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Filed: AOS (apr) Country: Canada
Timeline

since you are from the UK i would recommend doing hte CR1. then you can work RIGHT AWAY! 

every day on here their is a horror story about the spouse having to wait to work for 6+ months, unemployed, broke and no friends.

 

You should be able to still visit as well on the VWP.

 

 

 

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