CR1 Interview after K1 refusal

[Alan-and-Ira 1]

Dear VJs,

Has anyone experienced problems at the CR1 interview being previously denied K1 visa? Our fiancee visa was refused on 221(g) and even now, more than a year later, we do not know the clear reason why it happened. Could you, please, share your experience?

Thank you!

[NigeriaorBust 4,087]

If whatever reason that the original visa was denied still exists in the mind of the consulate the new visa will also be denied. If it was lack of a relationship marriage doesn't clear that up without additional evidence

[Gary and Alla 3,694]

Dear VJs,

Has anyone experienced problems at the CR1 interview being previously denied K1 visa? Our fiancee visa was refused on 221(g) and even now, more than a year later, we do not know the clear reason why it happened. Could you, please, share your experience?

Thank you!

Unless the reason for denial was "not being married" (somehow I doubt this for a K-1) then getting married fixed nothing. You may stll not get the visa, but you ARE married. You need to know exactly the reason you were denied so that reason can be addressed and corrected. Getting married, as mentioned above, does NOT correct the condiditon of "not enough evidence of relationship" in and of itself.

[Alan-and-Ira 1]

We got married because we Love each other - we did not think about 'fixing something'!

As I mentioned in the original post - I would like to hear the real stories of people who have been in the same boat. Please, post your speculations on this matter in another place.

Unless the reason for denial was "not being married" (somehow I doubt this for a K-1) then getting married fixed nothing. You may stll not get the visa, but you ARE married. You need to know exactly the reason you were denied so that reason can be addressed and corrected. Getting married, as mentioned above, does NOT correct the condiditon of "not enough evidence of relationship" in and of itself.

Edited July 25, 2010 by Alan-and-Ira

[NigeriaorBust 4,087]

I am not speculating, I have been there done that. It took 2 K1's to get Joseph here ( 2 K1's is faster than fighting the first one usually ) You have to address the actual reason that they denied the petition. If they say they don't think you have a bonafide relationship adding a marriage license to the top of the pile proves nothing. In their eyes you subnitted the first petition just to get your now spouse to the US and that is what they will see the second time. They didn't expect a license the first interview and unless something changes about what you present they will deny again. Exactly what went wrong and caused the denial ? Where there too many bad answers at the interview? Did they not think there was enough interaction between you ? What are your red flags ? Running and getting married is not a fix all and will not make the next interview an automatic approval. If you are willing to talk about how the first attempt got screwed up then you will probably have better luck the second time around.

We got married because we Love each other - we did not think about 'fixing something'!

As I mentioned in the original post - I would like to hear the real stories of people who have been in the same boat. Please, post your speculations on this matter in another place.

[Alan-and-Ira 1]

The problem is that we have never been offically denied! When i (the Beneficiary) went to the interview, I was given just a piece of pink paper (which usually means 'approved'), they kept my passport and told me to pay for its delivery... And in 5 days I did get my passport... Empty, without neither visa nor denial stamp! Sine then (February 2009) the consulate responded only once to our multiple phone and e-mail requests - just a short message mentioning 221(g) without any explanations. We even filed FOIA request later to DOS and USCIS - completely useless! They responded that they did not have our records!

At the time of my K1 interview I submitted lots of pictures, the tickes from three Alan's trips to Ukraine, hotel bills, phone bills, Skype records - lots of stuff! During the interview I was asked just three simple questions and I did give right and short answers to all of them...

Well, three months ago we finally got a letter informing us that the office closes our I-129F due to the term expiration... Very nice! They never sent us a notice to rewoke the petition or anything after it was returned back to VSC more than a year ago. So, we just pray to God that our new interview would be better! For now Alan is coming to be with me at the time of the interview, so if something goes wrong he will have a chance to talk to them personally.

Edited July 25, 2010 by Alan-and-Ira

[NigeriaorBust 4,087]

It is odd that you get the denial at that stage. DO you know the exact combination of stuff they wrote after the 212 , it is significant as they refer to the section the denial falls under and may give a clue. Is there anything strange about your ( the non USC) history? Previous marriage, an old filing for a visa ? It is important to come as close to knowing as you can because that is what they are going to look at most closely the next interview. In the original notice exact what is the character string after the 212(g) ?

[Alan-and-Ira 1]

This is the only message stating so-called 'reasons' which we got:

Dear Ms. ***:Thank you for inquiry of February **, 2009. Section 221(g) of the Immigration and Nationality Act (INA) prohibits a consular officer from issuing a visa to an alien if the officer has reason to believe that the alien is ineligible. Based on indications that petition KEV********** contains inaccurate information, we returned it to the Bureau of Citizenship and Immigration Services (USCIS) of the Department of Homeland Security (DHS) for review and possible revocation on January **, 2009 (Pouch # *******). If USCIS determines that the information we are provided would establish a sufficient foundation for initiating revocation proceedings, it will send the petitioner a notice of intent to revoke that includes a statement of the facts and evidence, and provide the petitioner with an opportunity to respond. Under INA 222(f), which addresses the confidentiality of visa records, we are unable to provide any further details. Further inquiries about this case should be directed to USCIS.We hope this information will assist you.

Edited July 25, 2010 by Alan-and-Ira

[Gary and Alla 3,694]

We got married because we Love each other - we did not think about 'fixing something'!

As I mentioned in the original post - I would like to hear the real stories of people who have been in the same boat. Please, post your speculations on this matter in another place.

I actually have a lot of experience in helping other people with visas, not to mention the K1 and two K2s I succesfully obtained for my family. I do not have any experience with denials. Maybe you need advice from people that get denied rather than people that succeed?

You NEED to worry about fixing something. Or I hope you love her enough to live your life in Ukraine, which is not so bad, actually. There is quite a demand for native English speakers to teach English as a 2nd language in Ukraine. If you have a bachelors degree maybe check out getting one of the ESL teaching certificates.

Getting married is not the "problem" and cannot be "the solution" They will just as quickly deny the visa for your wife as for your fiancee. You applied for a fiancee visa, as such being married is by definition, NOT the "problem" and you could not possibly have fixed any problem by doing so. There are no "problems" in issuing visas that apply ONLY to K-1s. So much for speculation.

They will, eventually, get around to telling you the problem.

As for now, well, you got married so you may as well file for the CR-1 and hope for the best. Maybe while it processes you will find the answer and can address it before your next interview. If not, you will eventually find the answer and then you can file again. There is no limit to filing CR-1s actually, you can beat that door all you like.

[Gary and Alla 3,694]

This is the only message stating so-called 'reasons' which we got:

So what part of your application was false? If you know, you can correct that in your next petition and application. You probably know, or your wife does.

If not, you will need to wait for USCIS to make their determination. If they revoke the petition they will send you detailed reasons why. Until then, what you did (get married) did not correct the problem.

If the consulate was wrong and the information you provided was NOT false, then USCIS will reaffirm the petition and send it back to the consulate. BUT you have negated the K-1 petition by getting married. You MUST abandon the k-1, at least eventually.

If you KNOW what was falsified, then correct it on the new petition. If you contend the information was accurate then you will have to know what it was they THOUGHT was false. Otherwise you are going to blunder into giving the same information again and get denied again.

More bad news...this petition is still in process. You cannot have TWO petitions in process. The k-1 needs to be revoked and the reason given (which could take many months) OR you need to withdraw the k-1 and file the CR-1. BUT if you withdraw the k-1 you will never get an answer on what the real reason was. Petitions in processing, along with any other government documents related to an ongoing procedure, are not subject to POIA requests. The case needs to be closed and a final determination made and any appeal dates expired before they need to release any information.

Your choice. It is not speculation.

[NigeriaorBust 4,087]

Actually you can have 2 petitions in process. I did it to push the first one out of the way or reaffirm it. But you said yours was already expired. From what you have written it seems they think something you submitted/said was wrong. Carefully go over all dates/facts you provided and search hard for differences. If your wife ever submitted for any other visa , have her check what she said in those. Somewhere something is wrong. Years ago a couple got in trouble because on one petition he was Steven and the other Stephen.

[Alan-and-Ira 1]

Thank you. :-)

We did find one mistake after analizing all the questions that were asked during the interview and comparing them with our filled I-129F a year ago. But this exists only in I-129F form (Question 19 about Internamionl Marriage Broker), the I-130 does not require that information, so we hope that the new petition will not be denied at the Consulate stage for the same reason. We have never ben sant a revoking message, so never had a chance to appeal: instead it was just closed due to the time expiration reason... Well, we do hape a hope that if USCIS did not sed us a NOID at the first stage of I-130 for that reason, then we still have a chance to pass at the interview... Our documents are currently with NVC, I passed the medical and the worries about the next step, the interview, drive me crazy...

Well, thank you for your responces to our messages. :-)

Actually you can have 2 petitions in process. I did it to push the first one out of the way or reaffirm it. But you said yours was already expired. From what you have written it seems they think something you submitted/said was wrong. Carefully go over all dates/facts you provided and search hard for differences. If your wife ever submitted for any other visa , have her check what she said in those. Somewhere something is wrong. Years ago a couple got in trouble because on one petition he was Steven and the other Stephen.

[NigeriaorBust 4,087]

The problem is that a prior "material misrepresentation " can haunt future applications. It can get a tag on you that is tough to shake. Be prepared for this and hopefully it doesn't happen. If that is the only error you can find in the application(s) you will probably be ok. An expired visa is less apt to get a tag on your file than one that was reviewed.

[Alan-and-Ira 1]

Thanks to all who have written here! :-) Well, since the approved I-130 is already at the NVC, we decided to focus on going through all the possible interview questions. We will go to that interview together, and we do hope with God's help we will pass it! Again, thank to all who responded!

[Auris 0]

Thanks to all who have written here! :-) Well, since the approved I-130 is already at the NVC, we decided to focus on going through all the possible interview questions. We will go to that interview together, and we do hope with God's help we will pass it! Again, thank to all who responded!

Good that embassy can allow your husband to be with you at the time of interview, one closest embassy doesn't allow..Check again each single page of your papers, would be good to see your spouse's forms which he sent with application in case to compare, another thing, if you write about dates of travels to USA, compare with your passport stamps, if possible bring old passport or copies of it about travels, good to compare translations of different pages, translators can put different letters in same name for two different documents.