CR-1 after K-1 denial + cousin marriage

[Mehrose 0]

Hi all two question

 

in pakistan it is common to marry your cousin. Before i was engage with cousin and sponsor him for fiance k-1. That got denied

 

now we are married and i want to go cr-1 route

 

can anyone with experience please share

how cr-1 process went after k-1 denial

and if cousin marriage caused any issue in their case?

[Boiler 46,180]

Depends on where you live and if Cousin marriage is allowed.

 

May also depend why your K1 was denied.

[iwannaplay54 985]

https://fam.state.gov/fam/09FAM/09FAM010208.html
 

Depends on your state.  If it is not legal in your state there appear to be some circumstances where it is not considered valid

[pushbrk 13,133]

2 hours ago, Boiler said:

Depends on where you live and if Cousin marriage is allowed.

 

May also depend why your K1 was denied.

Exactly.  Why was the K-1 denied?  If it's legal to marry a first cousin in the US State where you live, then cousin marriage is not a factor for you directly.

 

Most K-1 denials are because Consular Officers don't believe the relationship is genuine.  (meaning it is entered into for immigration purposes)  Simply getting married doesn't change that.  

[Mehrose 0]

Reason for k-1 denial wasn't given

 

Uscis petition was approved and denial was after the interview

[carmel34 3,657]

11 hours ago, Mehrose said:

Before i was engage with cousin and sponsor him for fiance k-1. That got denied

 

now we are married and i want to go cr-1 route

The were likely concerned that the relationship is not bona fide when the K-1 was denied.  Since it is your cousin it will mean a greater degree of scrutiny.  Best advice is to spend lots of time together, in person, save the evidence of those visits (original boarding passes, passport stamps, hotel receipts, a few photos).  Also gather some financial co-mingling evidence (file 2021 taxes as married filing jointly with a W-7, shared credit card accounts, beneficiary on US spouse's health insurance, etc.), and submit all of that evidence upfront with the I-130 petition.  Whatever you do, don't simply submit the I-130 with the marriage certificate and other required civil documents.  To increase the probability of petition and eventually visa approval, you need more evidence that the relationship is bona fide.  Good luck!

[pushbrk 13,133]

2 hours ago, Mehrose said:

Reason for k-1 denial wasn't given

 

Uscis petition was approved and denial was after the interview

Your cousin knows why his visa was denied.  He was present at the interview.  If he didn't tell you why, that says it all.

[Mehrose 0]

He thought the interview had gone well and he werent told at the interview anything nor were we asked for more evidence. They kept his passport and a month or two later we found out he was denied

[Nasirlahore 28]

USA 🇺🇸 embassy  in pakistan  usually  don't  have any problem  with cousin  marriage, if they kept his passport  initially that mean they were going to issue him visa ,then something  wrong came in his background  checks e.g past visa application  history  etc etc, best way for you to go spousal  visa route  if they denied  that too then file mendamus(sue them in court) GOOD LUCK

[SalishSea 18,161]

3 hours ago, Nasirlahore said:

USA 🇺🇸 embassy  in pakistan  usually  don't  have any problem  with cousin  marriage, if they kept his passport  initially that mean they were going to issue him visa ,then something  wrong came in his background  checks e.g past visa application  history  etc etc, best way for you to go spousal  visa route  if they denied  that too then file mendamus(sue them in court) GOOD LUCK

They will not issue a visa if the petitioner lives in a state where cousin marriage is illegal.   OP has still not clarified which state the petitioner lives in.

[Mehrose 0]

I live in new york. It isnt illegal here

[Imperium 81]

1 hour ago, Mehrose said:

I live in new york. It isnt illegal here

When did you last travel to Pakistan? Did you do any engagement ceremony there?

[Mehrose 0]

At time of app i had traveled two years before filing the k-1 I did an engagement ceremony but it was at home/very simple

[SalishSea 18,161]

8 minutes ago, Mehrose said:

At time of app i had traveled two years before filing the k-1 I did an engagement ceremony but it was at home/very simple

Probably the reason for denial.  "Too married for a K-1."

[Mehrose 0]

The ceremony was just a ring exchange at home/we weren't dressed up or anything at all

 

my fiance at the time was also asked about identity of joint sponsor, maybe that was it?

 

im just nervous about cr-1 now given this