Approved K-1 but didnt marry, now filing CR-1

[Mello3 35]

Hi and thanks in advance for any advice or tips. 

 

My now wife and I originally filed for the k-1/k-2 visa and were approved. She and my step son came to the US December 2023 after the approval. She loved it here, he HATED it here, did not adjust well and long story short we had to take him back home to live with her family. We explored other options like me taking him back home and leaving her here but there were some concerns about a foriegner traveling alone with him in the philippines, she didnt have a family member here that could travel back with him and we were not going to send him unaccompanied. So she unfortunately had to leave to take him back home. While I'm sure many will say that we should have made him wait and then filed for the parole adjustment but you will just have to trust me, that would not have worked so we made the decision that we did. He just wasnt doing well here in the states. We never broke up, never withdrew anything as we didnt feel there there was any need to. We just planned to get married later than we originally anticipated. 

 

She did leave before the k-1 expired so there would be no problems with overstaying her visa, we are now going to have to go back through the long, hard process of filing for the cr-1. We did get married via the Utah online process but I went there to the Philippines for us to be together with her and her family during the ceremony. We could not get married the tradional way in the philippines because I could not get away from work long enough to meet their guidelines to legally marry there. 

 

So now we are legally married, filed CR-1, ROM, etc and are concerned about them asking why we are doing this again and didnt just get married when she was here. As simple as it may sound no-one can walk in your shoes when trying to make such a difficult decision. We dont want them to deny us and we cant imagine what kind of RFE we could get since they have all of our previous records on file. In fact I wish (of course not) that it would expedite the case having already been approved and familiar with our file. 

 

I searched for a similar case on here but couldnt find one. If anyone can give us a little insight as to what to anticipate or if we should anticipate delays due to the unusual nature of our filing we would appreciate it. 

[Crazy Cat 41,834]

Had you NOT married, there was a possible route, but that ship has sailed.  I see neither a problem explaining your case nor an unusual delay.  You did a fine job explaining it to us. Here is the guide for a spousal visa.  Good luck.

 

 

Edited May 6 by Crazy Cat

[Mello3 35]

5 minutes ago, Crazy Cat said:

Had you NOT married, there was a possible route, but that ship has sailed.  I see neither a problem explaining your case nor an unusual delay.  You did a fine job explaining it to us. Here is the guide for a spousal visa.  Good luck.

 

 

LOL dont tell me what it was...that might just break me but thank you for the info and opinion. 

[Crazy Cat 41,834]

Just now, Mello3 said:

LOL dont tell me what it was...that might just break me but thank you for the info and opinion. 

It was a long shot, anyway.  I would check the grounds for a USCIS expedite.  If you qualify, that might shave a few months off the process.

[Mello3 35]

2 minutes ago, Crazy Cat said:

It was a long shot, anyway.  I would check the grounds for a USCIS expedite.  If you qualify, that might shave a few months off the process.

Definitely worth a shot, thanks again.

[Boiler 45,466]

I am with the Cat, if they ask well you have explained it very well here.

[powerpuff 6,697]

*** Topic moved from Progress Reports to Process & Procedures ***

[pushbrk 12,876]

10 hours ago, Boiler said:

I am with the Cat, if they ask well you have explained it very well here.

You can probably do an even shorter explanation.  I don't see a problem.