CR1 Visa after abandoning AoS from K1

[Interfan 6]

As the title says we had our K1 Visa approved in Sept 2018, I moved in the Usa in Nov, we got married in Feb and filed for AoS in March, had biometrics in early May but due to a family emergency I had to go back to my home country, we sent a withdrawal letter and they accepted it.

Now we're looking to file for a CR1 Visa, is there any issue we might face due to the abandoment of the AoS?

Also do we need to load the petition with bona fide evidence or will plenty of pictures and all the K1/Aos process plus living together for 7 months in the US (we still have all USCIS notices from it) suffice?

[geowrian 22,338]

As long as you did not overstay by 180+ days, there should be no ban. That appears to the case here.

They may ask about the K-1/AOS, but it won't be a barrier to eligibility for a CR-1.

This is a new petition so treat it as if they have no previous information (they can pull it up, but don't rely on it).

[USS_Voyager 1,972]

5 minutes ago, Interfan said:

Now we're looking to file for a CR1 Visa, is there any issue we might face due to the abandoment of the AoS?

No

 

6 minutes ago, Interfan said:

Also do we need to load the petition with bona fide evidence or will plenty of pictures and all the K1/Aos process plus living together for 7 months in the US (we still have all USCIS notices from it) suffice?

You need to provide evidence of bona fide marriage. Yes, the evidence of co-habitation will go a long way. Any evidence of financial commingling will go a long way. You can send pictures but go light on the pictures. Joint filing of taxes, insurance, ... 

[Interfan 6]

1 hour ago, USS_Voyager said:

No

 

You need to provide evidence of bona fide marriage. Yes, the evidence of co-habitation will go a long way. Any evidence of financial commingling will go a long way. You can send pictures but go light on the pictures. Joint filing of taxes, insurance, ... 

As we don't really have any financial commingling right now, I was thinking of sending a few screenshots of paypal transactions between each other in the span of 3/4 years, receipts of gifts like wedding ring,necklaces etc.., a few pictures of each trip(and proof of them) we've done and from the 7 months we lived together, marriage included. I arrived in the us midway the lease, she let her know her tenant but we weren't made sign any new contract and I left before the new one, so the only proof of living there I got is mail I got on my name, including multiple from USCIS which I will add. She doesn't have much family, so we had a courthose wedding with her mother present and had dinner at her sister's, they could both write an affidavit but I think this is all the evidence I can gather

[USS_Voyager 1,972]

41 minutes ago, Interfan said:

she let her know her tenant but we weren't made sign any new contract

The landlord can write a letter to that effect. 

Gather what you can. Continue to keep evidence of such. 

Tax filings jointly. 

 

[Interfan 6]

22 minutes ago, USS_Voyager said:

The landlord can write a letter to that effect. 

Gather what you can. Continue to keep evidence of such. 

Tax filings jointly. 

 

Alright, we were planning to file it next week, do you think the evidence we currently have is enough just for the approval of the i130?

[USS_Voyager 1,972]

44 minutes ago, Interfan said:

Alright, we were planning to file it next week, do you think the evidence we currently have is enough just for the approval of the i130?

Definitely. The I-130 is never a problem. In fact, I’ve never even heard of anyone being denied because insufficient evidence. It’s the Embassy you have to convince. Although you have a pretty strong case just from the fact that voluntary left the US. 

[Nitas_man 3,100]

19 hours ago, Interfan said:

As the title says we had our K1 Visa approved in Sept 2018, I moved in the Usa in Nov, we got married in Feb and filed for AoS in March, had biometrics in early May but due to a family emergency I had to go back to my home country, we sent a withdrawal letter and they accepted it.

Now we're looking to file for a CR1 Visa, is there any issue we might face due to the abandoment of the AoS?

Also do we need to load the petition with bona fide evidence or will plenty of pictures and all the K1/Aos process plus living together for 7 months in the US (we still have all USCIS notices from it) suffice?

You won’t have a problem with this.  Just attach the same evidence you attached when you filed AOS.  The embassy won’t expect a lot of co-mingling with such a short time together in the US

Small bonus is you’ll end up with a 10-yr green card instead of a conditional one.

Edited November 16, 2019 by Nitas_man

[IowacityGuy 152]

I went through same situation in year 2016.We did the same thing sent a withdrawal letter and mentioned we will pursue CR1 in my home country. It took exactly one year but process was smooth and easy. make sure you take all documents from your day 1 in US like joint bank account, lease etc. you will be fine  

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.