K-3 denied also resulting in denial of CR-1/IR-1?

[chinesestunna 0]

Hi everyone!

My wife has been following a Chinese specific immigration help forum and recently there has been a new topic that came up for discussion:

A lady applied for CR-1 and K-3 and was denied on her K-3 interview. The case wasn't listed as rejected, so while she thought she could reapply/pursue her CR-1 case, her husband got a letter regarding their CR-1 case was denied as well (she paused the CR-1 application while applying for K-3) without ever going to CR-1 an interview.

The real kicker is that they actually resumed the CR-1 application and paid the $400 of fees only to have that letter regarding the case send to them. They had to wait until NVC and USCIS officially rejected the petition (I130) before being able to reapply from scratch. This seems to just add insult to injury as you are now stuck waiting for them to "formally" reject the case.

Another lady chimed in an reported similar situations.

Is this common? I'm asking because our case is at NOA2 for both and we are trying to decide to whether or not to pursue only the K3 (CR1 as backup in case K3 is denied) or should we just forget about the K3 and go straight for the CR-1, reason being that if the K3 is rejected, there's no hope of getting a CR-1 approval and therefore we would have to wait for the dreaded rejection of our I130 case before being able to act again. If we only do the CR-1, at least if denied it will move through that rejection process faster.

So to boil it down:

Do anyone have experience knowledge of the relationship between K3 and CR1? If the K3 gets denied, will it also jeopardize our CR1, therefore CR1 isn't exactly the 2nd chance people think it it?

Thanks everyone in advance

[RickD 0]

I would not think of the CR-1 as a "backup". The CR-1 and the K3 are simply two paths to the same destination. If there are significant problems with a pending immigrant's K3, then it is likely that the CR-1 will encounter the same problems. If you follow the guides, cross every T and dot every I (and you have sufficient proof of the relationship) then the process should work fine for you. If you have a significant problem (visa overstay, illegal entry, etc.), you may want to consider consulting an immigration attorney. Based upon the good advice in other posts here at VJ, Ivonne and I are going to focus on the CR-1 since she wants to work when she gets here and not just sit around in the house for two or three months. The short cuts in the VJ Wiki are very helpful. I pray that your process goes well.

RickD

[Reba 2]

Why was the other woman's K3 denied? Was it because the IO felt her marriage was for the pupose of a green card only? That would most definitely result in the CR1 being denied as well.

Why would your wife's K3 or CR1 be denied? Don't you have enough evidence of a genuine relationship?

[chinesestunna 0]

Thanks for the input!

Unfortunately I have no idea why the other woman's K3 was denied, she was basically just stating the result without much info in between. Another lady chimed in and reported similar results and others said they have yet seen a case there someone getting rejected on a K3 getting approved for a CR1 (esp. sucks since they took the full CR1 payment and just denied it without interview).

So my wife was getting cold feet about the K3 we were about to do, we'll probably just stick to CR1 now (she's a little silly like that, I personally feel K3 is still faster and better in this case)

[pushbrk 12,898]

Thanks for the input!

Unfortunately I have no idea why the other woman's K3 was denied, she was basically just stating the result without much info in between. Another lady chimed in and reported similar results and others said they have yet seen a case there someone getting rejected on a K3 getting approved for a CR1 (esp. sucks since they took the full CR1 payment and just denied it without interview).

So my wife was getting cold feet about the K3 we were about to do, we'll probably just stick to CR1 now (she's a little silly like that, I personally feel K3 is still faster and better in this case)

Without details, we would be speculating. However, the K3 was "denied" for a reason and the reason was still there to impact the CR1 case.