Withdrawing K1 and Filing CR-1

[brevig 28]

Our K1 was sent back to USCIS.  We received the denial July 29 at an interview.  I understand (or believe) I should first withdraw my K1 before submitting a CR-1.

- Am I correct that I have to first withdraw, or does that only apply if it's the same visa type applied for?

- I read that a withdraw can take 1-3 months, has to be sent to where the application is currently at (NVC, Embassy, USCIS), and that sometimes it is denied, is that correct?

- So the application is being sent back to NVC, but if I send a withdraw to them and it takes 1-3 months, it most likely won't be at NVC anymore.  So wondering, where should I send the withdraw?  Well specifically, if I shouldn't send to NVC for that reason, do I need to wait for the notification that it's arrived at USCIS before sending the withdraw to them.

- It seems the withdraw will take just as long as the NOIR, so should I just wait for that?

- Should I wait to receive confirmation of the withdraw before applying again?

- I've read ALOT of conflicting articles related to this online

- Any first hand experience of doing a withdraw, or being in the same boat as me would be great

 

Umm, last thing, has anyone ever had, or known where it happened, that the application was sent back to USCIS and USCIS sent it right back to the Embassy without doing an NOIR?

[SteveInBostonI130 3,449]

5 minutes ago, brevig said:

Our K1 was sent back to USCIS.  

It will go to USCIS.  It will take a while (months) for the case to reach USCIS and the NOIR sent out.

 

While waiting for NOIR, you should get the things ready for CR1.  Marriage and documents to prove a bona fide relationship (co-mingling finances, time spent together, wedding photos, etc).

[brevig 28]

2 minutes ago, SteveInBostonI130 said:

While waiting for NOIR

So does this mean I can't file the CR-1 while waiting and either need to get the NOIR or withdraw it first?

[pushbrk 12,883]

20 minutes ago, brevig said:

So does this mean I can't file the CR-1 while waiting and either need to get the NOIR or withdraw it first?

That's what the poster's words meant, but they are wrong, dead wrong.  K1 virtually NEVER gets an NOIR.  Send a letter withdrawing the I-129F petition when you file the I-130.  You cannot file the I-130 until you are married.

[Crazy Cat 41,851]

54 minutes ago, brevig said:

So does this mean I can't file the CR-1 while waiting and either need to get the NOIR or withdraw it first?

Be aware that marriage does not always solve the issue for a K-1 denial.  Good luck.  

[JeanneAdil 6,505]

Marry and file the CR1 with a letter to withdraw the K1 

No NOIR/NOID for K1 and most do not receive any letter saying case denied

you face the same issues with the CR1 interview as the K1 interview

[brevig 28]

2 minutes ago, JeanneAdil said:

Marry and file the CR1 with a letter to withdraw the K1

So if filing online, should I just include the letter as an attachment?  Or honestly, not sure how that works for providing the documents if filing online, but I mean would I include the letter with the other evidences when submitting them with my application?

 

4 minutes ago, JeanneAdil said:

you face the same issues with the CR1 interview as the K1 interview

Yeah, honestly not sure how I'm going to handle that part, as it seems they have a vendetta out for me, hehehe.

 

5 minutes ago, JeanneAdil said:

No NOIR/NOID for K1

This is the first time I'm hearing this (you and pushbrk).  EVERYTHING I've seen is that when it goes back to USCIS they will send me the NOIR and I have 30 or 60 days to respond.

If that is not the case, then for sure this is a violation of the 14th amendment as there is NO chance for due process.  I mean I can understand how the applicant has no chance to review with the Embassy (which I think isn't fair) since they are not a US citizen, so not protected by the constitution, but for my petition to be denied without any chance to reply would be unconstitional.

[JeanneAdil 6,505]

1 hour ago, brevig said:

So if filing online, should I just include the letter as an attachment?  Or honestly, not sure how that works for providing the documents if filing online, but I mean would I include the letter with the other evidences when submitting them with my application? attach it along with the other documents

 

Yeah, honestly not sure how I'm going to handle that part, as it seems they have a vendetta out for me, hehehe.  you handle this by getting married 

 

This is the first time I'm hearing this (you and pushbrk).  EVERYTHING I've seen is that when it goes back to USCIS they will send me the NOIR and I have 30 or 60 days to respond.

If that is not the case, then for sure this is a violation of the 14th amendment as there is NO chance for due process.  I mean I can understand how the applicant has no chance to review with the Embassy (which I think isn't fair) since they are not a US citizen, so not protected by the constitution, but for my petition to be denied without any chance to reply would be unconstitional.   K1 is allowed to just die out /CR1 gets the NOIS/NOIR       from your other posts how would you prove the CO is wrong ??  Basically they must follow guidelines.

 

[brevig 28]

11 minutes ago, JeanneAdil said:

attach it along with the other documents

Gotcha, thanks

 

11 minutes ago, JeanneAdil said:

you handle this by getting married 

Kinda confused as before it seems you were saying I would have the same issues with CR-1 as I had with the K1

 

12 minutes ago, JeanneAdil said:

from your other posts how would you prove the CO is wrong ??  Basically they must follow guidelines.

Because they broke both 4 laws now, and several other policies along the way.  Plus they have been giving me the run around with everything (like even filing an FOIA).  If they followed the guidelines I'm sure we would already be in USA and doing final preparations for our marriage and new life.  Also, they told her the reason was she is worried about her and her daughter's safety, but the paper they gave her said fraud/misrepresentation about it being a bona fide relationship (which is INSANE when you look at the proof we have, the questions she was asked, and the fact we had no chance to submit more evidence).

[brevig 28]

18 minutes ago, JeanneAdil said:

from your other posts how would you prove the CO is wrong

If you are curious to check it out I have a website I can pm you where I'm documenting all my communication with them, listed laws broken and why I think broken, plus all the photos I submitted (some included visa stamps, hotel receipts).  Later I'll update it with other proof we submitted like our wedding/honeymoon receipts plus land we purchased here together in 2018 that has me as a witness with my signature and thumbprint.  My mom visited 2x, I raised her daughter from 7-12, my son lived with us 1.5 years, my daughter visited once for a month, been to 3 weddings, 3x to Thailand, 4x Malaysia, 1x Singapore and 1x Myanmar all proved through the photos.

 

I can give more proof if given the chance, like affidavits from American neighbors we've had here in Cambodia, about 80 Western Union receipts, I have maybe 3000 more photos, tons of chats, and I'm sure I can think of more.  All this, and she asked 0 questions about me, not my name, NOTHING.

[GMvietnam 28]

18 minutes ago, brevig said:

If you are curious to check it out I have a website I can pm you where I'm documenting all my communication with them, listed laws broken and why I think broken, plus all the photos I submitted (some included visa stamps, hotel receipts).  Later I'll update it with other proof we submitted like our wedding/honeymoon receipts plus land we purchased here together in 2018 that has me as a witness with my signature and thumbprint.  My mom visited 2x, I raised her daughter from 7-12, my son lived with us 1.5 years, my daughter visited once for a month, been to 3 weddings, 3x to Thailand, 4x Malaysia, 1x Singapore and 1x Myanmar all proved through the photos.

 

I can give more proof if given the chance, like affidavits from American neighbors we've had here in Cambodia, about 80 Western Union receipts, I have maybe 3000 more photos, tons of chats, and I'm sure I can think of more.  All this, and she asked 0 questions about me, not my name, NOTHING.

Don't fight an unwinnable war, you can't appeal or challenge K1 visa, so you must move on.  I would get married and file CR1 with the request to withdraw I-129F petition included.  IN MY OPINION, by the time USCIS review your CR1 your K1 visa case would be closed.  Good luck.

[brevig 28]

3 minutes ago, GMvietnam said:

Don't fight an unwinnable war,

Thanks, and I think I got off track a bit.  Yeah, I'm moving forward with the marriage/CR-1 as the K1 is dead in the water and I need to get back to the states ASAP.  My big question here was if I needed to wait, which seems no need, just to include the letter of withdraw with my new CR-1.

 

I'm still going to fight them about all the issues I've had until something changes at the Embassy.  What they are doing is corrupt.  So I'll do the CR-1, and keep fighting to hold them accountable for the unjust treatment I've received.  Plus part of my fight is just to find out the real reason I was denied so I can address it with the CR-1.

[GMvietnam 28]

2 minutes ago, brevig said:

Thanks, and I think I got off track a bit.  Yeah, I'm moving forward with the marriage/CR-1 as the K1 is dead in the water and I need to get back to the states ASAP.  My big question here was if I needed to wait, which seems no need, just to include the letter of withdraw with my new CR-1.

 

I'm still going to fight them about all the issues I've had until something changes at the Embassy.  What they are doing is corrupt.  So I'll do the CR-1, and keep fighting to hold them accountable for the unjust treatment I've received.  Plus part of my fight is just to find out the real reason I was denied so I can address it with the CR-1.

I hear ya and I feel bad for you and many people like you have gone through but the embassy has that power (approved/denied).   Why don't you spend your time, money and energy on CR1?

[brevig 28]

1 minute ago, GMvietnam said:

Why don't you spend your time, money and energy on CR1?

I am doing it with the CR-1 already.  She picks up her wedding dress next week, so we were waiting for that, plus prepping to make the zoom wedding as significant as possible.  But the CR-1 is a slow process, so I'll have plenty of downtime to keep fighting them, hehehe.  I mean if I don't fight them they'll keep doing it to more people, so aside from hoping to get info out of them as to why, the fight is also about fixing the path for those behind me.

 

My 2 quotes for the day:

 

"If you let them kick you once, they'll kick you once,

If you let them kick you twice, they'll kick you twice,

If you break off their foot there will be no more kicking."

-- Fugees

 

"I can't stop, I won't stop, I don't even know how to stop."

-- MLK on the Boondocks cartoon

[Chancy 6,241]

3 hours ago, brevig said:

would I include the letter with the other evidences when submitting them with my application?

 

Yes.  On the I-130 web form, there is a section for Additional Evidence, where your bona fide relationship evidence is supposed to be uploaded.  Upload your withdrawal letter as a separate PDF file under that section.