Preparing to file a CR-1 visa application for my spouse (K1 visa denied in past)

[adarkenigma 0]

I need advice on how to proceed and how to avoid RFE.

 

We got engaged in 2018 and were planning a wedding in 2019 in the US, but due to covid, our plans changed. In April, I was granted a special entry visa due to a family medical situation and after the emergency resolved we decided to do a court marriage and after that our family decided we should also do the traditional wedding (in May).

 

I understand that I can do I-130 application online, what I don’t know is if I can upload photos, wedding invitations, etc online?  

 

I was thinking of front-loading the application (provide as much proof of our legal union as possible? As far as I understand it). So it would better if I mail in the package instead?

 

Preparing to send in the following-

 

1. Cover letter

2. USCIS fees (cashier’s cheque) 

3. Form I-130

4. Form I-130A 

5. Copy of my Naturalization Certificate 

6. Copy credit card statement (proof of residency)

7. Copy of marriage certificate  (it says “marriage certificate” on title)

8. My 2 passport photos in a clear plastic bag

9. Spouse’s 2 Passport photos in a clear plastic bag

10. Proof of joint bank account in spouse’s country (Copy of Bank Passbook)

11. Copy of my boarding pass and copy of passport stamped pages

12. Wedding Invitation card

13. 9 photos of our traditional wedding 

14. 9 photos of our engagement (2018)

15. 9 photos of our court marriage 

16. Link to Wedding video (maybe a USB drive with the entire video?)

I was thinking of maybe also do a sworn affidavit from 2 people who attended the wedding as the guide suggests. 

 

Also, a letter stating (pleading) that I am getting married to the same person whom I was engaged to 3 years ago, so please grant her a visa so I can be with my loved one or something to that effect. 

 

Should I also file form I-864 and form I-864A with this package?

 

Do I need to add anything else? 

 

[Chancy 6,241]

46 minutes ago, adarkenigma said:

I understand that I can do I-130 application online, what I don’t know is if I can upload photos, wedding invitations, etc online?  

 

You file the petition online.  The visa application will be later in the process.  As part of the petition, you need to upload scans of your evidence documents.  I suggest putting together your evidence package in a PDF file for easier upload.

 

50 minutes ago, adarkenigma said:

I am getting married to the same person whom I was engaged to 3 years ago

 

Why was the K1 visa denied?  If you have not overcome the reason for visa denial, you may have the same issues going through the CR1 process.

 

58 minutes ago, adarkenigma said:

Should I also file form I-864 and form I-864A with this package?

 

No.  The I-864/I-864A must be submitted at NVC stage, which comes after the petition has been approved.

 

[adarkenigma 0]

here is what we got from my previous post  

1]

2] 

 

 

and 

[adarkenigma 0]

3 hours ago, Chancy said:

Why was the K1 visa denied?  If you have not overcome the reason for visa denial, you may have the same issues going through the CR1 process.

"the beneficiary of the petition is not entitled to the accorded status" (whatever that means)

I think visa was denied by CO at time of an Interview.

[adarkenigma 0]

So following PDF in package

 

1. Cover letter

2. Form I-130

3. Form I-130A 

4. Scan of my Naturalization Certificate 

5. Scan of credit card statement (proof of residency)

6. Scan of marriage certificate (it says “marriage certificate” on title)

7. Proof of joint bank account in spouse’s country (Scan of Bank Passbook)

8. Scan of my boarding pass and Scan of passport stamped pages

9. Scan of wedding Invitation card

10. 9 photos of our traditional wedding (3 Photos per page)

11. 9 photos of our engagement (2018) (3 Photos per page)

12. 9 photos of our court marriage (3 Photos per page)

13. Link to Wedding video

14. Scan of two signed sworn affidavits

15. Scan of my life Insurance policy (showing I have added my spouse as beneficiary) (as proof of joint responsibility? maybe)

 

 

Pay USCIS fees online via card or bank account?

 

What about sending 2 copied of passport photos of me and my spouse?

also what about form I-130A do I have upload that online too? or mail it in?

 

last time I made 3 physical copies of package and sent one to my wife (fiancé back then), so this time (when she gets to the interview stage) have her print out of PDF I create for upload?  

 

is that correct?

 

[Chancy 6,241]

3 minutes ago, adarkenigma said:

"the beneficiary of the petition is not entitled to the accorded status" (whatever that means)

I think visa was denied by CO at time of an Interview.

 

Thanks for linking the previous threads.  Looks like yours was a case of being "too married for K1".  The CO thought your fiance was not entitled to a K1 visa likely because of suspicion of being already married.  Probably based on seeing photos of your lavish engagement ceremony with ring exchange.  It's good that you're following the advice from the other thread to officially marry, then pursue a CR1 visa.

 

[adarkenigma 0]

I think you might be right, in my K1 package in one of the photos we both had garland around our necks.

[carmel34 3,633]

6 hours ago, adarkenigma said:

Preparing to send in the following-

 

1. Cover letter

2. USCIS fees (cashier’s cheque) 

3. Form I-130

4. Form I-130A 

5. Copy of my Naturalization Certificate 

6. Copy credit card statement (proof of residency)

7. Copy of marriage certificate  (it says “marriage certificate” on title)

8. My 2 passport photos in a clear plastic bag

9. Spouse’s 2 Passport photos in a clear plastic bag

10. Proof of joint bank account in spouse’s country (Copy of Bank Passbook)

11. Copy of my boarding pass and copy of passport stamped pages

12. Wedding Invitation card

13. 9 photos of our traditional wedding 

14. 9 photos of our engagement (2018)

15. 9 photos of our court marriage 

16. Link to Wedding video (maybe a USB drive with the entire video?)

I was thinking of maybe also do a sworn affidavit from 2 people who attended the wedding as the guide suggests. 

 

Also, a letter stating (pleading) that I am getting married to the same person whom I was engaged to 3 years ago, so please grant her a visa so I can be with my loved one or something to that effect. 

Joint bank account is good evidence, try to get more documents like that, e.g., joint credit card account statements, beneficiary on life, health, dental insurance, and on retirement accounts, will, living will, power of attorney, US tax returns as married filing jointly, and so forth.  Your wedding certificate is proof of marriage, so you don't need a wedding invitation or wedding video, a few photos with family is enough.  Original boarding passes and passport stamps documenting all time spent together, face to face, is the best evidence.  Good luck!

[Chancy 6,241]

2. Form I-130 -- Do not upload a separate PDF for this.  After you fill out the fields on the web form, your answers will be converted by the system into a PDF called the I-130 Case Snapshot, which you should preview before hitting the Submit button.

3. Form I-130A -- Upload as a separate PDF under the section for additional evidence.

4. Scan of my Naturalization Certificate -- Upload as a separate PDF.  You will be prompted for this on the online form.

5. Scan of credit card statement (proof of residency) -- Not required for the petition.  Domicile proof is only needed at NVC stage, after petition approval.

6. Scan of marriage certificate -- Upload as a separate PDF.  You will be prompted for this on the online form.

 

In your PDF for bona fide marriage evidence:

 

1. Cover letter -- Not required, but won't hurt to include.

7. Proof of joint bank account in spouse’s country (Scan of Bank Passbook) -- ok

8. Scan of my boarding pass and Scan of passport stamped pages -- ok

9. Scan of wedding Invitation card -- ok

10. 9 photos of our traditional wedding (3 Photos per page) -- ok

11. 9 photos of our engagement (2018) (3 Photos per page) -- ok

12. 9 photos of our court marriage (3 Photos per page) -- ok

13. Link to Wedding video -- Stick with wedding photos.

14. Scan of two signed sworn affidavits -- Weak evidence, but allowed.

15. Scan of my life Insurance policy (showing I have added my spouse as beneficiary) -- ok

 

1 hour ago, adarkenigma said:

What about sending 2 copied of passport photos of me and my spouse?

Upload 1 JPG of petitioner's photo.  You will be prompted for this on the online form.  If beneficiary is not in the US, her photo is not required.

 

1 hour ago, adarkenigma said:

this time (when she gets to the interview stage) have her print out of PDF I create for upload?  

No need to bring a copy of the petition package to the interview, except if your fiance wants to review details of your case.

 

[adarkenigma 0]

Thanks for clearing that up Chancy,

 

few follow up questions, you said 

Quote

14. Scan of two signed sworn affidavits -- Weak evidence, but allowed.

should I not attach it? If USCIS would dig up my past application they would know that I applied for same beneficiary, only difference now in CR-1 application that she adopted my last name. 

 

what else can I use it as evidence? 

 

@carmel34, My time with my wife very limited as marriage was not intention of my visit, I have already booked return tickets before I left. My trip duration was 55 days and she was with me for 53 days helping with emergency (spent most our time together in hospital and home) and lock down didn't help. In fact we arranged traditional wedding in 4 days. Luckily everything worked out. since we just got married haven't filed joint taxes yet and open bank account week before I left for US. I don't have POA, living will, etc except life policy, on that I have already added her.

 

can I use her health policy where she added me as beneficiary? does that count as joint responsibility? 

 

Should I make POA or Living will now? do I need her inked signature on any of that? 

 

 

[milimelo 4,481]

I’m confused- OP, are you the beneficiary or the petitioner?

I see lots of my I-130 questions (which petitioner completes) but then you saying my visa was refused (k-1). If there are two people using the same account that leads to confusion. 

[adarkenigma 0]

@milimelo apologies, I can see my formatting has led to some confusion.

I should have used "petitioner" and "beneficiary" to properly elaborate my queries.

 

I am the petitioner and my spouse is the beneficiary.

 

Quote

here is what we got from my previous post 

late night posting, wasn't paying proper attention. should have just said "my previous posts"

 

and 

 

when I say 

Quote

I think you might be right, in my K1 package in one of the photos we both had garland around our necks.

I mean, K1 application I filed for my fiancé back in 2018 and she was denied visa by CO.

 

(can't find "my I-130" use in this thread otherwise)

 

Sorry, English is not my primary language.

[Chancy 6,241]

5 hours ago, adarkenigma said:

should I not attach it?

 

You can, but I doubt it would help much.  3rd-party affidavits are considered weak evidence because it would be difficult to determine the veracity of the content.  They are listed as an option for those who don't have more substantial evidence.

 

6 hours ago, adarkenigma said:

If USCIS would dig up my past application they would know that I applied for same beneficiary

 

USCIS will know because you should disclose it yourself on the I-130.  There is a section that asks about any petition you previously filed for the beneficiary.  You should provide the details there, including the fact that the K1 visa was denied and the petition sent back to be revoked.

 

[adarkenigma 0]

okay, thanks all. Will update it after I get reply from USCIS.