CR1 Proof to Overcome K1 Denial

[brevig 28]

Our K1 was denied at the interview on July 29, she was verbally told that the officer was "worried for her safety" but the letter given to her said "not a genuine relationship".  We married Aug 24, and are preparing to apply for the I-130.  We want to be sure that we have enough proof to overcome the previous denial.

 

I plan to provide everything I previously provided (226 photos, land purchased together in 2018 with a 5 year loan, 17 Cambodian visas in my name, 16 hotel bookings in other countries with photos of the trip (part of the 226 photos)).

 

Below are the additional things I've thought of that we could provide:

A) Affidavits from 2 American citizen expats that know us very well, and one from my mom
B) Visa stamps side by side showing we did travel together as much as I said (I previously provided hotel bookings, and photos, but adding stamps to really prove it)
C) Passports for my mom/kids to show that yes, these are really photos of my kids here in Cambodia with her and not someone local I'm "pretending" is my family.
D) Western Union payments I send to her at least once a month since December 2016
E) Proof that she can speak at least some English (3rd grade English)
F) Proof of her daughter doing school online in USA that I've been paying for (IXL, on 5th grade English)
G) Proof that we didn't marry before because I thought I couldn't (I found while gathering my arrests when doing the K1, as I also did an FBI Background Check and it was clean)
H) Our chats on Messenger, not sure how far back that goes.
I) Her chats on Messenger with my family in USA
J) Photos from our engagement party (because of COVID they only allowed us to have 20 guests, but we have photos doing the local customs for engagement and marriage).
K) Photos from the elopement party we'll do, showing us with hopefully ALOT of people via Zoom.  I'd need to wait until after September 9 for this.
L) A letter/affidavit from her family
M) A letter/affidavit from the people we rented apartments from
N) A letter/affidavit from the local commune acknowledging the relationship
O) Showing her name on my stuff like utility bills, just that is being a pain now because of social security number issue.  Plus will take more time waiting for the physical copies.  Plus in my mind it looks fake doing that as she isn't there yet.  None of my banks or credit cards allow her without SSN, so if I should do a bank I'll need to open a new account with CitiBank.
P) Showing how I didn't get the money back from our planned wedding in USA (I had already spent $2100 and only got $300 back, so I didn't get stuff I could turn around and refund).
Q) Showing how hard it was to come here to be with her ($3000 deposit, missed flight because of no rapid tests costing $350, $275 for COVID test in USA, $200 for COVID tests in Cambodia, being away from my kids, 3 days in quarantine plus $200+ in fees from it, plus I got the flight as soon as they re-opened flights to Cambodia)
R) A copy showing we did the online ePREP pre-marital program (recommended by Utah)

 

Please let me know which ones for sure I should include, and which ones aren't needed or possibly bad (like not sure if WU receipts will help or hurt).  We are only 3 years apart, and look evenly matched, so I doubt they think she is a gold digger or that I'm a sugar daddy.

 

Also, let me know if there is something I'm not thinking of.

 

One last question, I really do need to go back to the states at least for a couple months.  I'm just really worried that me leaving her right after marrying will look really bad and make the relationship look less genuine.  I'm also very worried that I'll get stuck in USA like I did on my last trip.

 

Also, a bit depressed, as their communication makes it seem like there is nothing I can provide to prove our relationship.  Honestly, if COVID let's up might be best we just move to another country then apply from there.

Edited August 27, 2021 by brevig

[canadian_wife 1,822]

The “worried for her safety” concerns me.  Why would the consular officer say that?  If that is truly what was said then that also may need to be over come.  Your official reason for denial is common so there may be something lying underneath.

 

good luck 

[brevig 28]

22 minutes ago, canadian_wife said:

Why would the consular officer say that?

I have another post that goes into more detail:

 

But to summarize, the real issue was the 2007 arrest which was initially for strangulation.  No victim statement, and later the victim went to court to have it dropped.  The witness said themselves they didn't see it and just thought it happened (plus is legally disabled and part of it is for extreme phobias).  The police report is completely false, just allegations by a non witness.  The person kicked me once, I hit them once, then held them against the wall for a few seconds.  Plus it's been 14 years and is getting expunged.

 

Anyways, since the I-130 doesn't require disclosure of these things I figured best not to bring it up with them.  However, I could get affidavits from both the witness and victim.  In any event it's not a "real" reason to deny a K1 and for sure not one for a CR1 (or if anyone can show me I'm wrong, happy to hear it).

 

Also, yes, I did disclose it on the I-129f and my wife has known about it for years.

 

Sorry, I tend to ramble.  But do you think best I do get those affidavits and try addressing that concern (which is something that shouldn't technically matter)?  If so, do you think a polygraph would help, as I doubt they believe anything I say anyways.

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***

 

[PaulaCJohnny 713]

The amount of photos is IMO too much. 
You just need show the strongest evidence that shows your marriage is real and you both have things together like a bank account, visit each other (or lived together), family and/or friends affidavits, etc

 

Edited August 27, 2021 by PaulaCJohnny

[brevig 28]

13 minutes ago, PaulaCJohnny said:

like a bank account

My bank won't let me add her because of her not having SSN.  It seems CitiBank will, and honestly almost switched to them a couple years ago as they are better for ATM's overseas.  Anyways, do you think I should get on that ASAP and get the bank setup before submitting my application?  Like from A-R list I put do you think the 2 most important are the affidavits and the bank account?

 

For the affidavit do you think the 3 listed in A are enough (already in progress) or should I also start gathering L-O?

 

[brevig 28]

17 minutes ago, PaulaCJohnny said:

IMO too much

Sorry, I know I have TOO many questions.  But for this, do you think if I send too much it will make it where they skip through stuff and possibly overlook the important things?  I mean I have no problem to send 2000 photos/documents/etc just to be safe, as long as having too much won't have a negative impact.

 

The thing is with my last refusal they wouldn't let me submit any additional proof, they just straight out rejected.  So it kinda has me in this lopsided idea of piling on the proof until it breaks through the ceiling.

[Ontarkie 14,222]

~~Two thread locked to help keep all content to one thread.~~ 

 

One link the OP provided above and this is the other. 

 

[brevig 28]

14 minutes ago, Ontarkie said:

~~Two thread locked to help keep all content to one thread.~~ 

Thanks for that and sorry I let everything get spread out everywhere.  I was trying to keep each topic separate, but everything ended up blending together.  This is the current issue I face, so I appreciate any responses to this thread, as my other threads are already dead issues.

[JeanneAdil 6,505]

way too many photos '-20 is plenty not that many needed

$275 for covid test???? we paid $50 reimbersed by health insurance but even if insurance had not given money back  ,  it was only $50

affadivits from  anyone in foreign country are useless as they can not be legally accountable by our US laws / do not include as they can't be accepted

proof you paid for wedding and didn't get money returned???   USCIS says not to make plans until visa is in hand

proof u r paying for daughter to go to school??? doesn't prove your marriage

proof u thought u couldn't marry??? not needed

keep chats to a few lines / not the full talk / and a few from  meeting and the times u aren't with her

u can add her to water bill in Ga with a POA from  her

 

 

When u marry (this year??) add her to iRS tax returns as non resident alien spouse / those returns will be presented to NVC stage and show her as spouse use the POA to sign for her

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

with the new ITIN # when doing W7 for nonresident alien spouse ,  you can use the ITIN to add her to bank account in the US / its the # foreign workers use here to have a bank account /again use the POA to add her

 

dont' know how u will overcome the "worried for her safety"

[pushbrk 12,883]

12 hours ago, brevig said:

Sorry, I know I have TOO many questions.  But for this, do you think if I send too much it will make it where they skip through stuff and possibly overlook the important things?  I mean I have no problem to send 2000 photos/documents/etc just to be safe, as long as having too much won't have a negative impact.

 

The thing is with my last refusal they wouldn't let me submit any additional proof, they just straight out rejected.  So it kinda has me in this lopsided idea of piling on the proof until it breaks through the ceiling.

Yes, if you submit too much, they are likely to miss what's important.  Far too many photos.  Leave out evidence of money transfers or paying for her daughter's schooling.  Neither help your case and both can hurt.  They aren't questioning whether YOU are being genuine with her.  It's the other way around.

 

Note also that although your IMBRA related criminal record is not disclosed on the I-130, the Consular Officer making the visa decision will know about everything related to your K1 case.  IMBRA is not about denying visas.  It's about informing the foreign fiancee.

[SalishSea 17,829]

20 hours ago, brevig said:

Showing how hard it was to come here to be with her ($3000 deposit, missed flight because of no rapid tests costing $350, $275 for COVID test in USA, $200 for COVID tests in Cambodia, being away from my kids, 3 days in quarantine plus $200+ in fees from it, plus I got the flight as soon as they re-opened flights to Cambodia)

This is not relevant.

 

And the affidavits are weak evidence.  Anyone who knows you is never going to write anything that is not favorable.

 

You're making this more about you, when it is her that is applying for the visa.

 

Hopefully your lawyer can steer you in the right direction when it comes to identifying what is important, and what is not.  USCIS/DOS are not naive or stupid.  They have seen it all, heard it all, etc.....

[brevig 28]

4 hours ago, JeanneAdil said:

When u marry (this year??) add her to iRS tax returns as non resident alien spouse

Already married Aug 24, and yes I'll add her, but the I-130 will be submitted before then.

 

4 hours ago, JeanneAdil said:

$275 for covid test???

Yes, at American Family Care Lookout Valley in June 2020

 

4 hours ago, JeanneAdil said:

you can use the ITIN to add her to bank account in the US

Chase won't let me add without SSN.  Anyways, since mentioned a few times I'll go ahead and switch to CitiBank.

 

4 hours ago, JeanneAdil said:

dont' know how u will overcome the "worried for her safety"

I think I'll just ignore it because all I can do is get an affidavit which they aren't likely to believe.  One thing I am doing is getting it expunged so it probably will loose some of the details.  The conviction was disorderly conduct, nothing big, but reading out a 2 page police report to her was a bit much.

 

4 hours ago, pushbrk said:

They aren't questioning whether YOU are being genuine with her.  It's the other way around

Thanks.  I've gotten a bunch of great tips, but honestly this one statement is the best.  It clears up ALOT.

 

4 hours ago, pushbrk said:

paying for her daughter's schooling

What about just showing her progress to show she is at a 5th grade English level (here English is pretty uncommon, especially outside of PP).  I mean it's about her, and not me, but maybe meaningless.  I do think though that the 2 things they will put on the NOIR if I ever get it is no Engagement party, and not the same language (they can't put worried about safety).

 

34 minutes ago, Jorgedig said:

You're making this more about you, when it is her that is applying for the visa.

This compliments the previous thing I quoted, thanks to both of you for fixing my focus.  Trying to think which things prove about her.  That's actually the harder thing to prove.  I mean for example, as mentioned before, she's not super interested in going to USA but doing it more for me, but that already was something I was told not to mention.  Or like she has gotten really serious about learning better English, but that also could be taken the wrong way.  Like even me adding her to a bank account is all about me.  Probably better and easier she adds me to her bank account here.  I'll think on it a bit if I can think of anything else.

 

Hmmm, if not about me and about her, then maybe me going back to the states for a while won't hurt things as much as I'm worried.

 

33 minutes ago, Jorgedig said:

Hopefully your lawyer can steer you in the right direction

I'll move forward with the lawyer here that she found.  I'll see if I can get an appointment for this coming week.

 

I'll also find out from the lawyer if a foreigner can co-own land with their spouse (foreigners can't own land here, but she thinks since married she can add me).  However, we aren't married here, so not sure how that will play out even if possible.

 

In my mind 5 years together is already proof of a relationship.  But wow, so many ways they can misconstrue things.  This is 1000x harder than it first appears.

[SalishSea 17,829]

1 hour ago, brevig said:

hey will put on the NOIR if I ever get it is no Engagement party,

I don't think this will be even remotely related.

[SalishSea 17,829]

2 hours ago, brevig said:

Trying to think which things prove about her

Huh?  You've got this all wrong.  You're not proving anything about her.  You are submitting a petition which is about your marriage.   That's it!   Honestly!   You are way overthinking this.