Filing a second k1 after denial

[Tiredofthisall1 2]

36 minutes ago, Lucky Cat said:

Which is different from just not including the divorce decree document......but the statement "We can’t do cr1 for several reasons. We tried before and it didn’t work out" is puzzling.

I meant we aren’t able to get married abroad because our religion requires guardian permission and witnesses for marriage. It’s complicated and I rather not get into personal on here. We had two interviews the first my fiancé gave them the decree. They gave 221g for proof of relationship and kept us on AP for almost a year then another interview, they kept his passport and AP for another few months then they sent it back 

[Crazy Cat 42,283]

14 minutes ago, Tiredofthisall1 said:

I meant we aren’t able to get married abroad because our religion requires guardian permission and witnesses for marriage. It’s complicated and I rather not get into personal on here. We had two interviews the first my fiancé gave them the decree. They gave 221g for proof of relationship and kept us on AP for almost a year then another interview, they kept his passport and AP for another few months then they sent it back 

OK.  Seems much clearer now.  I'm not sure an immediate re-filing is the answer.  Have you thought about relocating to his country and marrying there?  Actual time together is the best cure for doubts about a relationship.

Edited January 9, 2021 by Lucky Cat

[Boiler 46,096]

The point of a K1 is to come to the US to get married,

 

Nothing to stop you filing.

[Chancy 6,243]

3 minutes ago, Tiredofthisall1 said:

They gave 221g for proof of relationship

 

If the 221g was for proof of relationship, how are you sure that the reason the K1 was denied was due to missing divorce decree?  Did you get a letter from the embassy stating that it is the reason for the denial?  If the denial is actually because they do not believe your relationship is real, spend more time together in person before you try for another visa.

 

Also, which country is the beneficiary from?  In some countries, like Pakistan, it seems difficult to get approved for a K1.  Better try getting married in another country and pursue CR1, instead of wasting time with another K1.

 

[Tiredofthisall1 2]

9 minutes ago, Chancy said:

 

If the 221g was for proof of relationship, how are you sure that the reason the K1 was denied was due to missing divorce decree?  Did you get a letter from the embassy stating that it is the reason for the denial?  If the denial is actually because they do not believe your relationship is real, spend more time together in person before you try for another visa.

 

Also, which country is the beneficiary from?  In some countries, like Pakistan, it seems difficult to get approved for a K1.  Better try getting married in another country and pursue CR1, instead of wasting time with another K1.

 

Since they took so long we had to reach out to our congressional office and they sent her a message stating “ we uncovered evidence indicating my fiancé did not meet the qualifications for this visa class at the time the petition was filed so we sent it to USCIS for reconsideration”. He’s from the Middle East 

[Boiler 46,096]

Where it will die.

[Tiredofthisall1 2]

48 minutes ago, Lucky Cat said:

OK.  Seems much clearer now.  I'm not sure an immediate re-filing is the answer.  Have you thought about relocating to his country and marrying there?  Actual time together is the best cure for doubts about a relationship.

I’m in med school, no way I can relocate or even travel anytime soon. I’ll probably have to talk to an immigration lawyer and see what Is the best option. Thanks for your responses 

[Boiler 46,096]

CR1 is the best option but you seem to have ruled that out so what else is there but the K1?

[carmel34 3,655]

1 hour ago, Tiredofthisall1 said:

we uncovered evidence indicating my fiancé did not meet the qualifications for this visa class at the time the petition was filed

Definitely try to find out exactly why the visa was denied before filing for another K-1 or the outcome will be the same if the problem is not fixed first.  You stated that he did not meet the qualifications for a K-1, maybe they did not find the divorce decree to be genuine?  If in the eyes of US immigration he was still married to a previous wife at the time you filed the petition, that would be the reason for denying the K-1.  Another possibility based on the wording of your comment is that the date of the divorce decree was after you filed the I-129F.  If that's the case, you should be okay with a new I-129F if your other evidence is strong.  What was the date when you filed the first I-129F?  What was the date on the divorce decree that he took to the interview?  Was there a religious marriage plus a civil marriage?  Depending on the country the divorce decree submitted may not have been sufficient.

Edited January 9, 2021 by carmel34

[Crazy Cat 42,283]

1 hour ago, Tiredofthisall1 said:

I’m in med school, no way I can relocate or even travel anytime soon. I’ll probably have to talk to an immigration lawyer and see what Is the best option. Thanks for your responses 

I understand.  I would certainly make sure I was 100% sure of the real reason or reasons for the denials and doubt before re-filing anything.  Good luck in your journey and med school.  I have worked with enough residents and med student to know what that entails.

[Ed&Midori1031 330]

13 hours ago, Tiredofthisall1 said:

Denied for k1 visa, I already know the reason..case was just sent back to USCIS. Can I refill for k1 right away. We were in AP for over a year and I’m so upset that after all that they denied it! That’s why I’m trying to file again fast. We can’t do cr1 for several reasons. We tried before and it didn’t work out.

If you could give a little bit more information on why it was denied we could help you a little more.  So far from what I read is missing evidence? 

[SalishSea 18,127]

2 hours ago, Tiredofthisall1 said:

I’m in med school, no way I can relocate or even travel anytime soon. I’ll probably have to talk to an immigration lawyer and see what Is the best option. Thanks for your responses 

You're in med school, and yet you have a guardian?

[SalishSea 18,127]

OP, was he legally married when you filed the petition?

[Tiredofthisall1 2]

29 minutes ago, Jorgedig said:

You're in med school, and yet you have a guardian?

What does that have to do with anything??? 

[Calicolom 266]

20 minutes ago, Tiredofthisall1 said:

What does that have to do with anything??? 

Did the guardian approve the K-1