K1 denial-not establishment of relationship, what next?

[Californian1 5]

Our K1 was denied after 2nd interview(investigation) the reason on the letter. It was not established that petitioner and applicant had an established relationship. So during the second interview the investigator stated that I had visited 5 times and that was a lot. The  decision was taking almost 5 months so my US Senators office asked the US Embassy in Manilla for the reasons. They responded quickly stating they had a lot of cases to review. My fiancé and, I have been engaged over 2 years, we just delayed the marriage knowing the K1 was faster. Now we have a decision, to reapply as a K1 with more evidence of a relationship and additional visits, at least 1. Or apply for CR 1 after we marry in PHL with obviously more evidence? Anyone have experience with this. No other reasons for denial where listed, we had a clean application and no clues during the 2 interviews. The first one was very short, the second one was an hour or longer. 

[AL-MJD 144]

Wells, I'm sorry to hear your fiancé's visa was denied. You could try to get married in her country and apply for CR-1.

 

At this moment, I believe the waiting time for CR-1 is shorter than that of trying again for K-1 Visa... Plus, priority for spouses of US Citizens.

 

Hope this helps, good luck! xx

[Chris Duffy 1,257]

22 minutes ago, Californian1 said:

Our K1 was denied after 2nd interview(investigation) the reason on the letter. It was not established that petitioner and applicant had an established relationship. So during the second interview the investigator stated that I had visited 5 times and that was a lot. The  decision was taking almost 5 months so my US Senators office asked the US Embassy in Manilla for the reasons. They responded quickly stating they had a lot of cases to review. My fiancé and, I have been engaged over 2 years, we just delayed the marriage knowing the K1 was faster. Now we have a decision, to reapply as a K1 with more evidence of a relationship and additional visits, at least 1. Or apply for CR 1 after we marry in PHL with obviously more evidence? Anyone have experience with this. No other reasons for denial where listed, we had a clean application and no clues during the 2 interviews. The first one was very short, the second one was an hour or longer. 

Interesting

 

Did you attend either interviews?

 

Did you have any criminal history in the past, or did you have to file any waivers?

 

During the second interview what questions did they seem to keep asking?

 

I wouldn't do another K1.  From what i see now of days.  Fiance and Spousal visa are taking about the same time, so in the end it would be cheaper and easier to just do the spousal visa.  You will have to deal with the BS rules for getting married in Philippines, but other than that seems like your best option.

[Chris Duffy 1,257]

My friend had similar issues to your,  Had to get congressman involved.

 

He worked with the father in law of his wife and USEM thought it was an arraigned marriage for immigration purpose

 

He had to marry and do the K3 at the time, this was about 10 years ago.

 

She got approved and I went to airport with him when she arrived in the USA. 

[Unlockable 7,316]

Seems like marrying and applying for CR1 visa is a better choice. You have already lost 2 years on this K1. And today the K1 times have gotten longer.

 

If you don't want to deal with getting married in PLP then look into marrying in another country.

[Perfect two 💑 1,147]

Visited 5 times but the consular said you didn't establish relationship? That is devastating. Any red flags? What that they ask during the interview? 

[Going through 5,671]

Curious what evidence you submitted in regards to your relationship, and what questions were asked during the interview?

[Perfect two 💑 1,147]

1 minute ago, Going through said:

Curious what evidence you submitted in regards to your relationship, and what questions were asked during the interview?

I'm curious about that too. And in the same time feeling nervous because my fiance and I meet less than that. We will have our interview next Thursday 😂

[Cyberfx1024 7,980]

1 hour ago, Chris Duffy said:

Interesting

Did you attend either interviews?

Did you have any criminal history in the past, or did you have to file any waivers?

During the second interview what questions did they seem to keep asking?

I wouldn't do another K1.  From what i see now of days.  Fiance and Spousal visa are taking about the same time, so in the end it would be cheaper and easier to just do the spousal visa.  You will have to deal with the BS rules for getting married in Philippines, but other than that seems like your best option.

This is very interesting especially coming from USEM. I wonder what all was asked and the responses given to the CO because something obviously stood out to them in regard to this. I agree as of right now I would just get married ASAP and file the CR1 right now.

[Crazy Cat 42,621]

There is something else going on here.....five visits with documented proof is enough to show an established relationship.......However, if that was the only reason for denial, then the obvious remedy is to marry in PI, and start the CR-1 process. In about 12-14 months, she should have visa in hand.

Good Luck.

 

K-1

    More expensive than CR-1

    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)

    Spouse can not leave the US until she receives approved Advance Parole (approx 3-4 months)

    Spouse can not work until she receives EAD (approx 3-4 months)

    some people have had problems with driver licenses, Social Security cards, leases, bank account during this period .

    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

CR-1

    Less expensive than K-1

    No AOS required.

    Spouse can immediately travel outside the US

    Spouse can start work if desired

    Spouse receives Social Security Card and Green Card withing 2 or 3 weeks after entering the US

    Spouse  has legal permanent Resident status IMMEDIATELY upon entry to US. 

 

All-in-all, the CR-1 is superior to the K-1 imo.

   

[Cyberfx1024 7,980]

24 minutes ago, missileman said:

There is something else going on here.....five visits with documented proof is enough to show an established relationship.......However, if that was the only reason for denial, then the obvious remedy is to marry in PI, and start the CR-1 process. In about 12-14 months, she should have visa in hand.

Good Luck.

 

K-1

    More expensive than CR-1

    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)

    Spouse can not leave the US until she receives approved Advance Parole (approx 3-4 months)

    Spouse can not work until she receives EAD (approx 3-4 months)

    some people have had problems with driver licenses, Social Security cards, leases, bank account during this period .

    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

CR-1

    Less expensive than K-1

    No AOS required.

    Spouse can immediately travel outside the US

    Spouse can start work if desired

    Spouse receives Social Security Card and Green Card withing 2 or 3 weeks after entering the US

    Spouse  has legal permanent Resident status IMMEDIATELY upon entry to US. 

 

All-in-all, the CR-1 is superior to the K-1 imo.

   

I totally agree there is something else going on here.

[j&ana 380]

I am curios too as what could be denial. The Philippines is know to be country where it is relative easy to get K-1 or CR-1 visa. Now a tourist visa that is a different story. You should do the cr-1  visa. Just as fast or Not much longer then The k-1 visa from the Philippines   It is also a much better green card right  away

 

Edited March 2, 2018 by j&ana

[j&ana 380]

14 hours ago, NuestraUnion said:

Seems like marrying and applying for CR1 visa is a better choice. You have already lost 2 years on this K1. And today the K1 times have gotten longer.

 

If you don't want to deal with getting married in PLP then look into marrying in another country.

It is not that hard to get marry in the Philippines

[JFH 12,191]

I concur that there must be more to this story. Five visits is close to a record for Philippines K-1 cases. I see cases here on a daily basis that have visited once for a week and they sail through. 

[FernandLevi 36]

1 hour ago, JFH said:

I concur that there must be more to this story. Five visits is close to a record for Philippines K-1 cases. I see cases here on a daily basis that have visited once for a week and they sail through. 

That would be us. And hoping we make it through