Fiancee just got Denied

[geowrian 22,337]

4 minutes ago, WokTheDog said:

So if all this is true, why even do a K-1 at all?   Anyone just starting out down this process should just do the CR-1.  

Many commenters are suggesting that now...and many people who filed for a K-1 end up wishing they had done the CR-1.

In the not-too-distant past (2016), K-1s were taking 3-5 months at some points.

 

There are still circumstances where a K-1 makes sense (i.e. if they can't get married abroad or can't do so for a while travel-wise). It's a personal decision.

[Crazy Cat 41,183]

13 minutes ago, WokTheDog said:

So if all this is true, why even do a K-1 at all?   Anyone just starting out down this process should just do the CR-1.  

Some of us feel that is a very good question.  It depends upon each couple's priorities. 

 

Couple A: "I just can't bear the thought of being apart from my spouse any longer than absolutely necessary"

......For that couple, that is the only priority.  They don't consider the fact that the K-1 fiance will have to file for AOS (extra fees) soon after marriage, or the fact that the new spouse can not work or travel outside the US until he/she receives Advance Parole and a EAD document. (4 to 6 months after filing for AOS)  They also don't consider the fact that getting a driver's license is sometimes difficult.  They also don't consider the fact that the new spouse will not receive a Green Card for a year or more after entering the US.

 

Couple B: "Since the processing time for a CR-1 is not significantly longer than a K-1, we can wait the extra 2 months apart".  This couple has considered that the new spouse will arrive in the US as a legal Resident, the new spouse can immediately work and/or travel outside the US. This couple knows that the new spouse will receive the Green Card within a few weeks of entry...

 

In the minds of many of us, the CR-1 is vastly superior when looking beyond the 2 extra months apart.

 

Good Luck...

Edited June 6, 2018 by missileman

[WokTheDog 17]

The only thing I am hesitating with on the CR-1 Visa, is if she gets denied again.   I don't want to live in the Philippines, so what would my plan be then?  Most of my fiancee's friends and some family have moved to other countries, so she really wants to move.  She also wants better opportunities for her daughter, which I can understand.

[Crazy Cat 41,183]

Just now, WokTheDog said:

The only thing I am hesitating with on the CR-1 Visa, is if she gets denied again.   I don't want to live in the Philippines, so what would my plan be then?  Most of my fiancee's friends and some family have moved to other countries, so she really wants to move.  She also wants better opportunities for her daughter, which I can understand.

With quality evidence of a bona fide marriage, you won't have to worry about a denial......

[Cyberfx1024 7,980]

4 minutes ago, WokTheDog said:

The only thing I am hesitating with on the CR-1 Visa, is if she gets denied again.   I don't want to live in the Philippines, so what would my plan be then?  Most of my fiancee's friends and some family have moved to other countries, so she really wants to move.  She also wants better opportunities for her daughter, which I can understand.

You have a couple choices right now and that is:

1. Refile the K1 visa

2. Go over get married and file for the CR1 visa

3. Drop everything and forget about her.

 

I would suggest that you go there again spend more time with her and get married. Then file for the CR1 visa with this evidence. Next time at the interview do NOT send ANY pictures in a bar at all. I sent 2  8X10 pages of 6 pictures on each 8X10, not 60-70 pictures.

[x_driven_x 1,778]

2 minutes ago, missileman said:

With quality evidence of a bona fide marriage, you won't have to worry about a denial......

Qualified evidence really seems to be the sticking point to this entire thread.

 

OP... you need to set out on making sure you have more evidence of a bonafide relationship. In your case, that's probably going to mean at least one more if not several more trips to spend quality time together. Getting married should certainly help with that, it shows this is serious. 

 

You seem hesitant to get married though, like you'll "be stuck married to her" if she gets denied again. If you love each other, why is that a problem, find a way to be together... but then you say you don't want to live there. Is that you "don't want to" or "you refuse to"? 

 

If your fiance answered the CO questions in a similar manner to how you answer questions here, I'm not surprised with the other facts of the case he seemed a bit suspicious. 

 

[x_driven_x 1,778]

11 minutes ago, WokTheDog said:

The only thing I am hesitating with on the CR-1 Visa, is if she gets denied again.   I don't want to live in the Philippines, so what would my plan be then?  Most of my fiancee's friends and some family have moved to other countries, so she really wants to move.  She also wants better opportunities for her daughter, which I can understand.

Does she want to move because she has no friends and little family, or for opportunities... or to be WITH YOU ?

Edited June 6, 2018 by x_driven_x

[Crazy Cat 41,183]

5 minutes ago, x_driven_x said:

Qualified evidence really seems to be the sticking point to this entire thread.

I agree completely.  There are some legal pieces of evidence which can only be created in marriage.....joint/MFS tax records, family healthcare coverage, etc.  These don't absolutely guarantee a marriage is bona fide, but they do show a high level of commitment to the relationship, imo. Of course, as much face time as possible is another big piece of the pie.

[Crazy Cat 41,183]

One more thought:  How much scrutiny would a picture of a husband and wife in a bar get versus a picture of 2 fiances in a bar?

Edited June 6, 2018 by missileman

[notantifun 196]

My husband (petitioner) has never visited the Philippines. He never met any of my family. He didn't go to my embassy appointment. In total, we met twice. I presented 8 pictures of us. I'm going to go with how your fiancee answered the CO's questions that raised red flags coupled with the photos of you in the bar and motel. She may not have answered the questions satisfactorily or may have even brought up topics that should not have been brought up in the first place. Since, my fiance has never set foot in the Philippines, I was actually grilled about that (also at POE) but I was able to give satisfactory answers and my visa was approved.

 

 

[WokTheDog 17]

2 hours ago, x_driven_x said:

Qualified evidence really seems to be the sticking point to this entire thread.

 

OP... you need to set out on making sure you have more evidence of a bonafide relationship. In your case, that's probably going to mean at least one more if not several more trips to spend quality time together. Getting married should certainly help with that, it shows this is serious. 

 

You seem hesitant to get married though, like you'll "be stuck married to her" if she gets denied again. If you love each other, why is that a problem, find a way to be together... but then you say you don't want to live there. Is that you "don't want to" or "you refuse to"? 

 

If your fiance answered the CO questions in a similar manner to how you answer questions here, I'm not surprised with the other facts of the case he seemed a bit suspicious. 

 

I have a job here in the USA.   I am not retiring anytime soon, so moving there isn't an option for me.   

 

This is a forum, not an interview, of course it would be different.    

[geowrian 22,337]

13 minutes ago, WokTheDog said:

I have a job here in the USA.   I am not retiring anytime soon, so moving there isn't an option for me.  

That's fine...but that is a choice of priorities.

[DaveAndAnastasia 2,082]

6 hours ago, geowrian said:

There are still circumstances where a K-1 makes sense (i.e. if they can't get married abroad or can't do so for a while travel-wise). It's a personal decision.

Yeah. If it's impractical or impossible for your fiancé(e) to visit in the US, and it's impractical or impossible to marry in your fiancé(e)'s country, then doing a CR-1 means getting married in a third country which for a lot of reasons isn't optimal for many couples.

[janet3 1,170]

9 hours ago, WokTheDog said:

So if all this is true, why even do a K-1 at all?   Anyone just starting out down this process should just do the CR-1.  

Exactly. My k1 visa took 10 months. I'm now waiting on AOS  (almost 5 months now). The CR1 is definitely the route to go  (especially if the k1 gets sent back). In addition, you can appeal if the CR1 is denied.

However......

You must first determine why your k1 was sent back  (aka left to expire).

[BnK 367]

On 6/5/2018 at 9:53 AM, WokTheDog said:

I just talked with my Fiancee, she just had her interview (daughter was there too) and the guy that was interviewing was very judgmental and rude.   He accused her in the end of just wanting to come to the USA to get VISA.  Based on that he said he DENIES her.   She also said he was focusing on a picture Me, her, and a few of her friends at the local disco club.   Kept saying what is this?   Like you shouldn't be in a bar or something.  Basically we all went out because I wanted to meet her friends.  He said I also only came once which he said was a problem, even though we talk everyday since December 2016 on Whatsapp.   I had work obligations that kept me from going a second time.  He also said the age difference was to great (her 26 and me 57).   I don't typically date young girls, but what attracted me to her was her humor and maturity.   I love her child too.  We hit it off immediately.    He told her she will need me to fly back and marry her in the Philippines, then refile as married for a visa.   The thing that really gets me is how rude she said the guy was (in front of her child too).   I never thought they would judge us on how they felt, but more if we satisfied all the criteria.   I'm very disappointed, because I'm thinking This whole thing could take another year, since the K1 took almost a year.   Any thoughts?  

 

Bob

Ooohhh gosh. Maybe we were interviewed by the same CO. I had my interview last Thursday. The Filipina CO at pre-screening with tattoos on her arms was actually a little strict and she looked serious with her job but I find her very professional so I was expecting the same if not better for my last interview. 

 

Then this American CO - he started asking me if I was intentionally looking for an American man to marry, then he went on to ask why he only visited once. I was ok with those questions and I answered each one but his follow up questions made me feel so deflated. I felt like I was judged. He seemed like he wants to educate me or something and was doubting my answers. He even asked me who reached out to who first and what the first message was. Glad I printed our first convos and brought it with me so I read it for him.

My fiance and I are actually never married with a 3-yr gap and in  our early 30's. With the way he sounded during my interview I really thought I would get refused. I just felt like I want to melt. I'm glad he seemed to have calmed down after he asked me what I do for a living. Then he asked for our pictures together (I printed 31 pics in 4R). He looked at each picture intently while I told him that we had different batches of dinner dates with my best friends from college, colleagues and family. He then gave my pictures back and for the first time, sounded friendly and handed me the IMBRA pamphlet. He then said congratulations and that we got approved.

I should be happy, right? I am happy but on my way to the hotel until late in the afternoon I just felt deflated. I didn't have the energy to eat my breakfast. I know he was just doing his job and it may be his style or strategy to catch fraud but for people who has genuine relationship, it really was stressful.