K1 visa petition denied

[ishee 0]

1 minute ago, Paul & Mallory said:

How long ago was that before you guys filed for the K1?

he visited me last august 2014, when i got pregnant he decided to stay with me until i gave birth to our son, then he came back to US last sept 2015, then he filed the petition oct 2017

[Paul & Mallory 1,398]

1 minute ago, ishee said:

he visited me last august 2014, when i got pregnant he decided to stay with me until i gave birth to our son, then he came back to US last sept 2015, then he filed the petition oct 2017

Ah ok. So that's why. If you filed in October 2017, you guys would have been required to have been together in person sometime between October 2015 and October 2017. Sounds like you just barely missed that window.

 

Again, make sure this upcoming visit is a strong one and provide plenty of evidence. You should be fine, if that was the only thing you think you got dinged for.

 

Good luck!

[ishee 0]

1 minute ago, Paul & Mallory said:

Ah ok. So that's why. If you filed in October 2017, you guys would have been required to have been together in person sometime between October 2015 and October 2017. Sounds like you just barely missed that window.

 

Again, make sure this upcoming visit is a strong one and provide plenty of evidence. You should be fine, if that was the only thing you think you got dinged for.

 

Good luck!

yes we will, thank you 😊

[Crazy Cat 41,974]

1.  Meet face to face

2.  Collect quality evidence that you met

3.  Re-file a new K-1

 

or better yet, just marry and file for CR-1.

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.

 

 

[milimelo 4,494]

Get married and file CR-1. 

[ishee 0]

24 minutes ago, missileman said:

1.  Meet face to face

2.  Collect quality evidence that you met

3.  Re-file a new K-1

 

or better yet, just marry and file for CR-1.

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.

 

 

he is married here in the philippines, but already divorce in US, we have the copy of the divorce decree

5 minutes ago, milimelo said:

Get married and file CR-1. 

he is married here in the philippines, but already divorce in US, we have the copy of the divorce decree

[debbiedoo 2,339]

1 hour ago, ishee said:

he is married here in the philippines, but already divorce in US, we have the copy of the divorce decree

he is married here in the philippines, but already divorce in US, we have the copy of the divorce decree

What do you mean by that? You have to be divorced before you can marry (at least legally)

 

do you mean he has an ex wife in the US and he married you AFTER he got divorced? If you are already married, you would not file a K1, you would file a CR1.

[ishee 0]

54 minutes ago, debbiedoo said:

What do you mean by that? You have to be divorced before you can marry (at least legally)

 

do you mean he has an ex wife in the US and he married you AFTER he got divorced? If you are already married, you would not file a K1, you would file a CR1.

my fiance has ex wife here in the philippines he is married not yet annulled, but already divorce in USA, and thats the reason why he cant marry me here in the philippines, thats why we file k1

[Loren Y 2,755]

If he is still married, or was still married anywhere on the face of the Earth, and you filed a K1 Visa application you should be lucky that's all they caught you for. You have to submit letters from both of you saying that you are not married ( this means anywhere) and you are free to marry within 90 days of entering the United States. If they had approved this Visa, how were you going to get married within 90 days in the United States if he is still married in the Philippines? If he was still married in the Philippines when you filed this denied K1, and you submitted letters saying you were both free to marry, you may have earned yourself a ban from the United States for lying on the first K1 you just filed. Either way, no matter what you have to both be free to marry before you file, that means he has to be divorced, or annulled or whatever on record in the Philippines. Maybe I misread the posts here, but that is what I see.

[Neonred 3,573]

54 minutes ago, ishee said:

my fiance has ex wife here in the philippines he is married not yet annulled, but already divorce in USA, and thats the reason why he cant marry me here in the philippines, thats why we file k1

As someone else said here, if you missed the part about having to have met in the last two years, what else did you miss.

 

I think we have an answer ....  He is not legally able to petition for you yet due to his marriage!

[Mollie09 1,543]

If he is divorced in the US and a resident of the US he is free to marry.

[Dave_and_Jessa 212]

If the marriage was finalized in the US then he should be fine.  The US government would accept that he is free to marry, but the Philippine government would not, unless it gets annulled there.  So in this case a K1 is probably easier than a CR1 as annulments in the Philippines can be expensive and very time consuming.  As long as she is free to marry and has a CENOMAR, then everything should be ok.

[javadown2 308]

5 hours ago, ishee said:

when can we file the petition again?

Stop....and make sure you guys really know the process. If you missed the simple one of meeting in the past 2 years then you might also make some mistakes in the rest of the application. Read the guides on here, do the paperwork/filing as instructed, don't miss anything or you will get another denial. 

Never mind on the CR-1,  just finished reading rest of replies, sounds like you guys better have your paperwork in order this time. 

Edited July 6, 2018 by javadown2
Divorced from filipina previous marriage

[Loren Y 2,755]

If the divorce is not final under the foreign law, remarriage to a U.S. citizen is not valid for immigration purposes.   This is from USCIS under how they view marriage. I would make sure he is free to marry if still married in the Philippines.

[geowrian 22,337]

22 minutes ago, Loren Y said:

If the divorce is not final under the foreign law, remarriage to a U.S. citizen is not valid for immigration purposes.   This is from USCIS under how they view marriage. I would make sure he is free to marry if still married in the Philippines.

This is incorrect. Many other Filipinos have done exactly this route perfectly fine. One must only be free to marry within the US. If they divorced abroad, and that divorce meets the basic due process requirements to be recognized by the US, then this is acceptable to be considered free to marry for the purposes of a K-1 visa (or if they married outside the Philippines then did a CR-1/IR-1 visa).

 

The CO will request a CENOMAR. The applicant will provide a document showing their Philippine-based marriage along with the final divorce decree showing the marriage was dissolved under US law.

This will create some difficulties within the Philippines (i.e. passport name changes, not being able to register the marriage, etc.), but won't impact the US immigration process.