Possible CR1 Interview question after K1 refusal?

[JK1880 4]

Hello,

 

I met my fiancee( now my wife) in 2014. In 2016 we had religious wedding ceremony. I wasn't able to marry her legally due to time constraints  I had to flew back to US without legally registering marriage there. Therefore, I decided to go with k1 visa route. We got approved from USCIS but US Consulate refused to give visa because they said her eligibility hasn't  clearly established for fiancee visa. Our case was returned to USCIS for reconsideration.After that I flew back to her home country and we got legally married in court. After spending a week there again I flew back to states and sent withdrawal letter to USCIS stating that we are married and no longer wanted to proceed with K1 route. I waited for few months to hear back but we didn't got any response from USCIS regarding K1. 

I didn't want to spend more time waiting so I filed I-130 petition for my wife and also attached the same copy of withdrawal letter in the same I-130 petition. I was expecting some RFE from USCIS regarding K1 petition but after 9 months I-130 petition got approved from USCIS without any questions or RFE's. I cleared NVC stage as well and now the interview is coming next month.

I am currently in her home country since last 4 months and we are planning to go to US together. We both are really in panic mode right now for possible questions at US consulate interview. We again don't want to have a mess and get denied. Please suggest what kind of question should we expect this time at consulate? Anything that we need to be proactive on any topics or questions. Please suggest. Thank You in Advance.

She is 24 and I am 27. No kids and no Prior Marriages.

 

Edited January 3, 2020 by JK1880

[payxibka 10,047]

Nothing to worry about as many have done exactly this before 

[Dashinka 24,921]

4 minutes ago, JK1880 said:

Hello,

 

I met my fiancee( now my wife) in 2014. In 2016 we had religious wedding ceremony. I wasn't able to marry her legally due to time constraints  I had to flew back to US without legally registering marriage there. Therefore, I decided to go with k1 visa route. We got approved from USCIS but US Consulate refused to give visa because they said her eligibility hasn't  clearly established for fiancee visa. Our case was returned to USCIS for reconsideration.After that I flew back to her home country and we got legally married in court. After spending a week there again I flew back to states and sent withdrawal letter to USCIS stating that we are married and no longer wanted to proceed with K1 route. I waited for few months to hear back but we didn't got any response from USCIS regarding K1. 

I didn't want to spend more time waiting so I filed I-130 petition for my wife and also attached the same copy of withdrawal letter in the same I-130 petition. I was expecting some RFE from USCIS regarding K1 petition but after 9 months I-130 petition got approved from USCIS without any questions or RFE's. I cleared NVC stage as well and now the interview is coming next month.

I am currently in her home country since last 4 months and we are planning to go to US together. We both are really in panic mode right now for possible questions at US consulate interview. We again don't want to have a mess and get denied. Please suggest what kind of question should we expect this time at consulate? Anything that we need to be proactive on any topics or questions. Please suggest. Thank You in Advance.

She is 24 and I am 27. No kids and no Prior Marriages.

 

It seems like during the K1 interview the CO thought you were too married and therefore did not qualify for a K1 visa.  Since then you took the route of getting a legally recognized marriage, and it would seem you have a lot of evidence include a lot of in person time as a married couple to show the CR1 application is real.  Honestly, I don’t see a lot to be worried about here, the CO may ask about the prior K1 rejection, and I assume you noted that on the DS260, but that is easily explained with your story about the religious wedding prior to the K1 interview.

 

Personally, I think you should be fine.

 

Good Luck!

[Nitas_man 3,100]

It is very common for couples who have been denied K1 for being “too married for K1” (even when it was not an officially registered marriage) to marry and re-file for spouse visa.  
Your case is a normal case, the K1 will not affect it, and if asked describe what was done and why it was done exactly the way it happened. You did exactly what you had to do after K1 was denied - legalized your marriage and re-filed for spouse visa.

 

Advice for others - if you have a wedding ceremony legalize it and file for spouse visa - or wait to hold the ceremony until the K1 is issued and beneficiary is in the US.

 

Good luck

Edited January 3, 2020 by Nitas_man

[JK1880 4]

3 hours ago, Bill & Katya said:

It seems like during the K1 interview the CO thought you were too married and therefore did not qualify for a K1 visa.  Since then you took the route of getting a legally recognized marriage, and it would seem you have a lot of evidence include a lot of in person time as a married couple to show the CR1 application is real.  Honestly, I don’t see a lot to be worried about here, the CO may ask about the prior K1 rejection, and I assume you noted that on the DS260, but that is easily explained with your story about the religious wedding prior to the K1 interview.

 

Personally, I think you should be fine.

 

Good Luck!

Thank you. there was question on DS-260 ....have you ever refused on previous visa? we answered it as 'Yes' and provided explanation saying that 'K1 visa was refused'

[Nitas_man 3,100]

27 minutes ago, JK1880 said:

Thank you. there was question on DS-260 ....have you ever refused on previous visa? we answered it as 'Yes' and provided explanation saying that 'K1 visa was refused'

My wife, who has had to go through 3 interviews because I worked out of the country twice, has to mention her (2) denied visit visas from back in 2007 at every interview.  It has never been an issue and she always notes that they denied her after we married because we got married LOL.  No issue for you.  Good luck!

[payxibka 10,047]

1 hour ago, JK1880 said:

Thank you. there was question on DS-260 ....have you ever refused on previous visa? we answered it as 'Yes' and provided explanation saying that 'K1 visa was refused'

Proper.  The k1 refusal will have no effect 

[Dashinka 24,921]

1 hour ago, JK1880 said:

Thank you. there was question on DS-260 ....have you ever refused on previous visa? we answered it as 'Yes' and provided explanation saying that 'K1 visa was refused'

You should be fine.  As @Nitas_man mentioned, this is fairly common where folks applying for a K1 have a religious ceremony, or very elaborate engagement party and are subsequently rejected for the K1 as being “too married”.  They usually go back with a spousal visa application after getting the marriage properly documented and are fine.  We usually see a case like that about once a month or so.

 

Good Luck!

[JK1880 4]

 Interview was approved. Thanks everyone. No questions were asked regarding previous K1 denial.