How to Reapply after 221g Refusal (IMBRA)

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On 8/1/2021 at 3:35 PM, Jorgedig said:

Just keep in mind that you must be together in person after marriage before you're eligible to file.

Thanks for the reminder.  I read it 2 days ago but didn't respond, but it really helped as I was about to buy the next flight back to states to see my kids plus escape lockdown.  However, with COVID, seems best I wait it out here as I might get stuck (for a 3rd time, I have bad luck with lockdowns, they follow me, haha).

 

Anyways, I wanted to let everyone know what I'm doing, and then will post again once done.

 

MY NEXT STEP:

I submitted a motion to reconsider to the Embassy.  I'm starting on the CR-1 paperwork so it will be ready.  I have low hopes. I'm thinking to wait no longer than the end of this week and if no news go ahead and get married Monday in Utah and file the CR-1 right away.

 

If anyone thinks I should wait longer or try something else before a CR-1 let me know (once we get married, the K-1 is OVER, and I start over on another long journey).

 

ONE LAST VENT: So not only did I end up in lockdown in some small guest house, but also lost my chance to get a vaccine because of the interview.  They say I have to vaccine in the place my fiance lives which they started doing the day after the interview and now have ran out and are saving all doses in the near future for 2nd shots.  And worst thing, 2 days ago the guest house right next to me turned into a quarantine place for people exposed to COVID.  Hopefully lockdown isn't extended this August 12, as it makes it even harder to get my mind off the issues stuck inside a hotel all day.  THANKS EVERYONE FOR LISTENING, I've never cried so much in my life.

[HRQX 4,145]

4 hours ago, brevig said:

I'm starting on the CR-1 paperwork so it will be ready.

Are you going to attempt a direct filing of Form I-130 (with I-130A spouse supplement) at Phnom Penh embassy? "exceptional circumstances" https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3 Or are you going to do a regular filing? If it's a regular filing then I recommend doing it through the online filing system: https://www.uscis.gov/i-130

 

File Online

 

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10 minutes ago, HRQX said:

Are you going to attempt a direct filing of Form I-130 (with I-130A spouse supplement) at Phnom Penh embassy? "exceptional circumstances" https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3 Or are you going to do a regular filing? If it's a regular filing then I recommend doing it through the online filing system: https://www.uscis.gov/i-130

 

File Online

 

Yeah, I was thinking to.  With my mom's medical condition and since she watches my kids all day on weekdays and half the weekends when my ex is gone I'm hoping it should qualify me.  My mom called me crying a few days before the interview crying because she got her tests back from the doctor on her liver, plus has diabetes, heart problems, pulmonary problems, COVID longhauler, mental illness (check for 30+ years for disability), etc., so I'm hoping getting something from her various doctors would work.

 

I mean I love Cambodia, my fiance does to (she isn't that excited to move to America, happy to do it, but not her first choice, but yeah, she wants to visit at least once).  Only reason I'm going back is because of my kids otherwise I'm really done with all the hypocrisy and fake rights and freedoms.

Edited August 3, 2021 by brevig

[flicks1998 1,044]

1 hour ago, brevig said:

 

 

I mean I love Cambodia, my fiance does to (she isn't that excited to move to America, happy to do it, but not her first choice, but yeah, she wants to visit at least once).  Only reason I'm going back is because of my kids otherwise I'm really done with all the hypocrisy and fake rights and freedoms.

If your serious on moving back to the US, as others have said, the CR1 is really the only way to go now.  

 

My only concern about your fiance that you need to be careful of is bolded in black.  Both visas are essentially saying that you plan to live long-term in the US, at least for the next 4-5 years.  Ive lived for years in PP and very familiar with the US Embassy there.  Many people in the region use the K1 in replacement of being unable to get a B visa to visit the US.  This is very common in Cambodia, Vietnam, Laos, Thailand, Philippines, etc.  Many US citizens will apply for a K1 with the intention of taking their long-time girlfriend to the US on a 90 day vacation.  The COs know this.  With your fiance appearing to be non-committed to wanting to move to the US long-term, the CR1 will help establish more credibility to your case, in my own opinion.  

 

Now that the K1 does not appear to be an option for you, just focus on the CR1.

 

 

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9 hours ago, flicks1998 said:

My only concern about your fiance that you need to be careful of is bolded in black.

I see, we'll be careful about that.  But yes, we really do plan to live there long term (which is why I bought a house and car, otherwise would have rented an apartment).

 

Just because you aren't excited of it doesn't mean you don't do it.  I mean who's excited to do the dishes, clean toilet, etc, but most families are functional enough to keep their house clean.  It's really shattering to think how bureaucratically blind our government has become.

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On 8/4/2021 at 12:19 AM, flicks1998 said:

(she isn't that excited to move to America, happy to do it, but not her first choice, but yeah, she wants to visit at least once).

 

My only concern about your fiance that you need to be careful of is bolded in black.

I just wanted to comment about this since we have now married and are filing again.  So I really have been thinking about this for months on how to make it easier for her to adjust (exa: I know all the Pagoda's and Cambodian communities within a 2 hour drive).  With  the CR1 she can travel back/forth and so she could visit Cambodia once or twice a year, I go with her part of it, and she spends time alone, so she doesn't feel "lost in America" and can reconnect to her culture as needed.  I wonder if would be good including this research and statement when doing the CR1.  I mean the real thing is so that we can be together most of the time, and with a Cambodian visa it's impossible for her to visit my family/friends or to spend as much time in USA as she comfortably can.  Plus who knows, she might fall in love with the states, but I'm sure she will always miss Cambodia.

Edited August 27, 2021 by brevig

[HRQX 4,145]

5 hours ago, brevig said:

I wonder if would be good including this research and statement when doing the CR1.

It's optional but unnecessary.

 

The Immigrant Visa can be issued without "immigrant intent" of the visa applicant. Sometimes some people incorrectly conflate the Nonimmigrant (e.g. tourist, student, etc. visa) requirement of having a residence abroad which he or she has no intention of abandoning; see INA 214(b).

[Ontarkie 14,218]

~~Thread locked as the OP is now married and will be starting the CR1 process.~~ 

 

I know you are just trying to get answers to get everything set up for success, but posting questions in more than one thread will just cause confusion and not be as helpful as you will only get partial correct replies if the replier only knows part of your journey.