Can CR1 be denied?

[Ryan H 3,813]

***Hijack posts and replies to said posts removed; if you have your own question, you need to start your own thread.***

[USS_Voyager 1,972]

Another reason is section 204(c), which is states no immigrant petition (that includes both the I-130 and I-140) can be approved, if an individual has ever previously committed immigration marriage fraud. For example, if person was found to have committed prior marriage fraud (entered into a marriage with the purpose of evading immigration laws), any subsequent petitions (whether it is another spouse, parents, child, siblings, or even employment) cannot be approved. There is no waiver. 

[portorusa 431]

23 hours ago, Pinkrlion said:

Criminal history, Adam Walsh Act, CMT, previous misrep, Lifetime ban, etc.   

What’s CMT?

[portorusa 431]

20 hours ago, missileman said:

You might want to give specific case history.....It's difficult to answer such wide, hypothetical questions........

EDIT:  Does this question involve a bar in Mexico, by any chance?

No, there is no question of bar.

No age gap, no criminal history, or previous misrep. Bona fide relationship, multiple visits. 

But also multiple previous marriages for petitioner (including one with a foreigner). Petitioner also sponsored two people with I-864 (both committements ended by now) and filed I-130 for a sibling (petition approved but visa number is not available yet). And there are multiple children for beneficiary. And we didn’t include all kids in the petition, we thought only minors should be listed (less than 18 y.o). 

Now someone on VJ says, it’s not so.

And we are nervous. We understand that our case is not simple. And it’s bothersome to see more and more petitions approved with a later PD.

We just want to be together desperately and be able to start life as a normal family😪

[portorusa 431]

17 hours ago, carmel34 said:

I get that you're worried, waiting for the I-130 petition to be approved so that you can move on to the NVC stage.  You want to be with your husband, the love of your life.  We're all going through this and it's painful.  The waiting really sucks, and you start to wonder why it's taking so long....  Hang in there, you'll be approved soon.  TSC is taking at least 7-8 months.  Be grateful that you didn't get assigned to Nebraska!  Those people have been waiting almost a year for just the petition adjudication.  If your relationship is bona fide, your documents are all good, and there are no problems related to inadmissibility, your petition will be approved.  It's hard not to worry but try to focus on the next stage and get all the documents ready to upload as it goes so much faster after the petition is approved.  If you have any red flags like a big age gap then side-load additional evidence of your bona fide relationship like financial co-mingling and visits since filing the petition at the NVC stage.  It only took us 4 months from the petition approval to receiving the CR-1 visa, so before you know it, you'll be together.  Good luck!

Thank you so much for your kind words!

And yes, I am aware of the unfortunate of Nebraska. I think it’s unfair, and that USCIS workload should be distributed among processing centers more evenly.

[geowrian 22,337]

30 minutes ago, portorusa said:

What’s CMT?

Generally referred to as CIMT: crime involving moral turpitude

 

16 minutes ago, portorusa said:

But also multiple previous marriages for petitioner (including one with a foreigner). Petitioner also sponsored two people with I-864 (both committements ended by now) and filed I-130 for a sibling (petition approved but visa number is not available yet).

Not an issue so long as all previous marriages were properly terminated. There can be some scrutiny in some cases of the new marriage if the previous ones involved immigration, or if it's highly unusual in the local culture (one member had 4 previous marriages IIRC and their spouse was Pakistani and that issue was brought up).

 

Other people sponsored only matter if the I-864 is still in effect. If not, then there's no impact. Otherwise the impact is merely financial.

 

16 minutes ago, portorusa said:

 And there are multiple children for beneficiary. And we didn’t include all kids in the petition, we thought only minors should be listed (less than 18 y.o). 

Now someone on VJ says, it’s not so.

Yes. All biological children regardless of age, marital status, etc. should be listed.

This is different than them qualifying for immigration benefits as a child, or even if they ever intend to immigrate or not.

[portorusa 431]

Is it too late to contact USCIS to send them an updated I-130? Or an addendum to it. We did not list all the children of beneficiary and I am freaking out they would deny on the basis of misrep.

[geowrian 22,337]

7 minutes ago, portorusa said:

Is it too late to contact USCIS to send them an updated I-130? Or an addendum to it. We did not list all the children of beneficiary and I am freaking out they would deny on the basis of misrep.

You're far from the first person to do it. Fix it on an RFE, if you get one. Otherwise, you can request they fix it at the interview.

Given that the children are not even immigrating with you, I doubt there would be any issue. It's not an uncommon mistake.

[portorusa 431]

Thank you!

[bakphx1 789]

Even with not listing the adult children it could be approved but in the event she wants to petition the children in the future or possibly even if the apply for a tourist visa it could cause problems.

I would bring it up at the interview for sure.

 

You’re definitely not the first person to misunderstand that, so it won’t seem unusual to them.

[Ebonyblack 0]

I attended my interview at d US consulate for marriage visa , was not outrightly refused but  was told my joint support form was not properly filled.the CO asked that my husband gets the form properly filled, emails back to me for onward submission to the consulate through DHL along with my passport which was returned to me.what is my now, thanks