Our K1 was approved, but now need I-130 / CR-1 because we got married in her country

[speedrunner 2]

  On 2/18/2021 at 11:10 PM, Ed&Midori1031 said:

Any particular reasons after waiting 9 months for the K-1 you decided to just go ahead and  get married before arriving in the US? 

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I was living with her in her country, and we didn't want to continue living as fiance for over a year. We wasn't aware that this would cause any problems with immigration, because the biggest issue is trying to prove you have a real relationship, and for us that was never a problem. We wrongly assumed that showing marriage is even more of a reason to make the interviews go better.

[Crazy Cat 42,802]

  On 2/18/2021 at 11:19 PM, speedrunner said:

We wrongly assumed that showing marriage is even more of a reason to make the interviews go better.

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But a K-1 can not be issued to a married applicant. Likewise, a spousal visa applies only to legally married couples.  There just isn't any way to resolve this short of starting the immigration process over with an I-130.  Good luck on your journey.  The guides section here might be of benefit.  

[Adventine 3,217]

  On 2/18/2021 at 11:19 PM, speedrunner said:

I was living with her in her country, and we didn't want to continue living as fiance for over a year. We wasn't aware that this would cause any problems with immigration, because the biggest issue is trying to prove you have a real relationship, and for us that was never a problem. We wrongly assumed that showing marriage is even more of a reason to make the interviews go better.

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Whoever told you that marriage would make the K1 interview "go better" gave you very bad information.

 

Your K1 application is now invalidated and you will have to start from scratch with a spousal visa application. You will not be able to "keep your place in line," so to speak. 

 

You would be best served by reading the guides here and browsing thr forums to learn more about the process. What's done is done, and you can't get back the time and money you've lost, but you can learn how to apply for the correct visa properly going forward.

[SalishSea 18,298]

  On 2/18/2021 at 11:19 PM, speedrunner said:

I was living with her in her country, and we didn't want to continue living as fiance for over a year. We wasn't aware that this would cause any problems with immigration, because the biggest issue is trying to prove you have a real relationship, and for us that was never a problem. We wrongly assumed that showing marriage is even more of a reason to make the interviews go better.

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You didn't realize that one of the eligibility criteria for the K-1 is that both parties are unmarried? 

[speedrunner 2]

  On 2/19/2021 at 12:28 AM, Jorgedig said:

You didn't realize that one of the eligibility criteria for the K-1 is that both parties are unmarried? 

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I'm not going to sit here and explain myself to you guys. Knock it off.

[Nitas_man 3,100]

  On 2/18/2021 at 1:54 AM, speedrunner said:

I was born in USA and lived there for 40 years, but I have lived one year abroad. As far as I know, I qualify. I also plan to live abroad while waiting for our I-130 to be approved.

 

What's super confusing to me is the physical residence requirements for CRBA process:

Child Born Abroad in Wedlock to a U.S. Citizen and an Alien 

 

A person born abroad in wedlock to a U.S. citizen and an alien acquires U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7)). 

For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of 14.

 

What in the world does this mean? Does it mean that *I* need to have lived in the USA for at least 5 years before my child was born?

 

What I'm really concerned with is am I able to live abroad with my wife in her country while we wait for her I-130 and also our child be eligible for the CRBA through me? Like I said, I've lived in America since 1980 through 2019, but these past two years I have lived abroad.

 

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This is common, our daughter was born overseas.  Get old passports, school records, old mortgage records, anything to show you grew up/lived in the US for >5 years.

 

You apply for the kiddo’s passport/CRBA in person and together, it will be issued 3-4 weeks after you apply.  Gotta bring the kiddo with you.  

 

The passport photo for an infant’s a real treat to get LOL 

 

Skip the SS application, it’s way quicker to get the SS card after you move to the US.
 

Doesnt matter how long you live abroad with your wife if you spent your whole life in the US

 

Blowing your fiance visa WAS kinda unfortunate dude but it’s done.  

Edited February 19, 2021 by Nitas_man

[Ed&Midori1031 330]

  On 2/18/2021 at 11:19 PM, speedrunner said:

I was living with her in her country, and we didn't want to continue living as fiance for over a year. We wasn't aware that this would cause any problems with immigration, because the biggest issue is trying to prove you have a real relationship, and for us that was never a problem. We wrongly assumed that showing marriage is even more of a reason to make the interviews go better.

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I would assume that you and your fiance did read the requirements  before applying.  But I wish you best of luck in your situation. 

[speedrunner 2]

Hello,

 

I'm filling out the new I-130 application and given my situation, I have a specific question about page 8, part 5 regarding previous filings. See attached image of the I-130 section in question.

 

About 15 years ago I sponsored my 1st wife with an I-129F / K1 and she was approved and came to the USA. We divorced last year, still resides in the US as a citizen.

 

My current wife, as mentioned, we filed the I-129F / K1 and the USCIS and NVC approved it and sent it to the embassy. The embassy said my wife is ineligible for the K1 and requested that we start again with the I-130 / CR-1.

 

My question is on Part 5, Question 1 it says "Have you EVER previously filed a petition for this beneficiary or any other alien?"

 

My answer is YES for BOTH "this beneficiary" (my current wife) and "other alien" (my ex-wife).

 

My question is: do I list my ex-wife first in 2.a. or my current wife? I assume current wife, since it asked about "this beneficiary" first. I also assume that I put my ex-wife in an appendix labeled "Form I-130, Page 8, Part 5, Question 1, Previous Filings Continued". I also see Page 12, Part 9 deals with additional information, but I honestly don't understand how to use it. In the case if needing to list my previous filings, how do I use Page 12, Part 9?

 

Is this correct?

 

My final question is what do I list as the "result" for my current wife? Given that her previous I-129F was approved by USCIS and NVC, but then closed by the embassy. Approved? Denied? Withdrawn?

 

[beasty 8]

i believe u would need to put ur ex and ur wife in there now..

Maybe a  lawyer wouldnt be bad in ur situation ?

[speedrunner 2]

  On 3/3/2021 at 4:25 PM, beasty said:

i believe u would need to put ur ex and ur wife in there now..

Maybe a  lawyer wouldnt be bad in ur situation ?

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I've spoken to three lawyers, and nearly each one of them have different answers.

[TedsGirl 208]

  On 3/3/2021 at 3:17 PM, speedrunner said:

Hello,

 

I'm filling out the new I-130 application and given my situation, I have a specific question about page 8, part 5 regarding previous filings. See attached image of the I-130 section in question.

 

About 15 years ago I sponsored my 1st wife with an I-129F / K1 and she was approved and came to the USA. We divorced last year, still resides in the US as a citizen.

 

My current wife, as mentioned, we filed the I-129F / K1 and the USCIS and NVC approved it and sent it to the embassy. The embassy said my wife is ineligible for the K1 and requested that we start again with the I-130 / CR-1.

 

My question is on Part 5, Question 1 it says "Have you EVER previously filed a petition for this beneficiary or any other alien?"

 

My answer is YES for BOTH "this beneficiary" (my current wife) and "other alien" (my ex-wife).

 

My question is: do I list my ex-wife first in 2.a. or my current wife? I assume current wife, since it asked about "this beneficiary" first. I also assume that I put my ex-wife in an appendix labeled "Form I-130, Page 8, Part 5, Question 1, Previous Filings Continued". I also see Page 12, Part 9 deals with additional information, but I honestly don't understand how to use it. In the case if needing to list my previous filings, how do I use Page 12, Part 9?

 

Is this correct?

 

My final question is what do I list as the "result" for my current wife? Given that her previous I-129F was approved by USCIS and NVC, but then closed by the embassy. Approved? Denied? Withdrawn?

 

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This will imply your ex wife's AND your current wife's information needs to be input here, since you went through the I-129F/K1 prior to your marital status change. 

 

Perhaps someone else can chime in and correct me?🤔 

[speedrunner 2]

I already know this applies to both my current and ex-wife. My question isn't about that. It's about how to fill out the application correctly for each previous filing.

[Strawberrymermaid 346]

I found this topic with the same issue..