What is next if CR-1 visa is denied?

[ken88]

When a K-1 visa is denied, I see that many people marry their ladies and apply for a K-3 or CR-1 visas.

 

What if CR-1 visa is denied? What do you do?

 

Ken88

[dale7570]

When a K-1 visa is denied, I see that many people marry their ladies and apply for a K-3 or CR-1 visas.

 

What if CR-1 visa is denied? What do you do?

 

Ken88

 

ken, you have basically 2 choices. 1 is to wait until the petition is returned back to the states and try to have it re-affirmed. this could end up taking 18-24 months and may not work because sometimes uscis doesn't take any action and considers the petition expired. 2. and the logical option is to simply refile another petition, either k-3 or cr-1. some will mention a 3rd choice of immediately hiring a lawyer after the white slip and try and get the white slip overturned,but imho this very rarely does any good. if i were you i would be trying to figure out whats going on with guz as to the reason they put you on ap, because even if you file another petition the reasons for the white slip would still be there. perhaps an attorney can assist you in getting to the root of the problem should your ap turn to white.

Edited July 18, 2008 by dale7570 (see edit history)

[Sebastian]

Ken - I think the answer also depends on 'where the petition is' , focusing on 'what you can do' based on said location.

 

I re-read your first post to CFL with all the details, I am guessing that the case is still in AR or AP and still at GUZ, yes ?

[ken88]

Ken - I think the answer also depends on 'where the petition is' , focusing on 'what you can do' based on said location.

 

I re-read your first post to CFL with all the details, I am guessing that the case is still in AR or AP and still at GUZ, yes ?

 

 

the interview was in Oct 2007. Went on AP for 7 months. Now on AR for the last 2 months. that means waiting for almost 9 months. It is still in GZ. The waiting can be couple of months or couple of years!

 

I am thinking of putting in a new I-129. At least that should be ready in about another 9 months. I could withdraw this if and when I get my original CR-1. If I get a denial, I will of course fight it (which could take a couple of years), but I will have something else going.

 

What do you think?

 

Ken88

[Sebastian]

An I-129F for the K-3 ? Once it got to GUZ, it would force all to be looked at again, imo. The worst that would happen is that she is denied. Filing it, today, would not hurt anything. Pay particular attention to filling out the form, it will ask if you have had any beneficiaries with alien numbers or have filed before.

 

But - it's still in GUZ, can you use your congressional visa liason to inquire 'exactly whats going on' ? Don't try phrases like 'when will it come out of AR' or 'why has it been in AR for 2 months' but try instead 'How much longer will it be in AR?' and 'Did you receive all of the paperwork from all of the investigative offices and liasons during the AP cycle' and 'Is there any chance the IV clerk handling my wife's case is on holiday or sabbatical?'

 

I'm not sure if a lawyer in GUZ would help or hurt at this stage, except to make inquiries - you've already submitted all of the paperwork they've asked for.

 

There is some China Hotline number - have you called them in last 8 days? What does the DOS hotline people say, as well ?

 

Hang In There, NO ONE has said 'NO', yet...

Edited July 18, 2008 by Darnell (see edit history)

[david_dawei]

yes, you could file the I-129F and see what happens... if you expected no action for 10 more months I might think about it too.

 

I don't think longer is worse in terms of the outcome; it's just longer... but once in a while, some drops the ball...

 

SO you could see if any congressional help can beat the GUZ bushes.. some actually do get some help but more don't usually get any help. It's worth a call and you will be able to gauge how they appear in their initial response.

 

If a CR1 is informed of a white slip, the immediate course of action is to hire an attorney in GUZ to immediately step in and get the case to be held up at GUZ... I think this is a very viable option if done quickly. Most wait too long to make it useful. Even if the attorney cannot overcome the issue, the hope would be they find out what the issue is.. and that would help in a subsequent filing attempt (where you could try to address those issues, because as was stated, I agree that USCIS would probably let it expire).

[chilton747]

I do believe that the USCIS does NOT let a CR1 expire without consent of the petitioner and/or beneficiary.. All of the talk here on cases expiring have been K1 to my knowledge.

Also, the current way that GZ is notifying the beneficiary of the white slip after blue AR is via email AFTER the case has already been denied therefore eliminating any chance of a lawyer holding the case in GZ.

Ken, it looks like to me, if you get the denial, that you will have to wait out the petition returning. You will need to have your elected officials involved and checking on your case as often as they can. You also need to keep contacting the DOS and the USCIS. Don't let them think that you are giving up. Keep all documentation and record all times that you corresponded with them.

Last but not least, your wife and you need to sit down and talk about the possibilities of why the denial. If you two can talk about this honestly and openly then it will go a long way in overcoming the denial.

Let's hope that you do not get the denial but if it comes then it is not the end of the world unless you want it to be.

Good luck to you always!!!

[georgeandli]

chilton747 echoes my feelings. Maybe a certified letter to GUZ informing them you wish to hold the petition there for overcome would help, just a thought.

[chilton747]

chilton747 echoes my feelings. Maybe a certified letter to GUZ informing them you wish to hold the petition there for overcome would help, just a thought.

 

Based on what I have seen, there is no holding this type of denial at GZ period. It is already locked down by the time the email is sent. But any and all forms of correspondence are not wasted IMHO.

[shyaushu]

This advice seems awfully good. Especially the part about you and your wife talking about what the potential issue(s) might be. There may be something you don't know about.

 

I was in the same boat (a slow one to China?) until a few weeks ago when we were waiting for the result of our blue card after the interview. Fortunately for us they finally issued the visa ~ but not before some real agony ~ and we are headed back to the US on August 10. Right now my daughter is visiting from the US and we are on a tour of South China. She's having a ball and her (Chinese) sister is enjoying teaching her Chinese.

 

Hang in there!

 

 

 

I do believe that the USCIS does NOT let a CR1 expire without consent of the petitioner and/or beneficiary.. All of the talk here on cases expiring have been K1 to my knowledge.

Also, the current way that GZ is notifying the beneficiary of the white slip after blue AR is via email AFTER the case has already been denied therefore eliminating any chance of a lawyer holding the case in GZ.

Ken, it looks like to me, if you get the denial, that you will have to wait out the petition returning. You will need to have your elected officials involved and checking on your case as often as they can. You also need to keep contacting the DOS and the USCIS. Don't let them think that you are giving up. Keep all documentation and record all times that you corresponded with them.

Last but not least, your wife and you need to sit down and talk about the possibilities of why the denial. If you two can talk about this honestly and openly then it will go a long way in overcoming the denial.

Let's hope that you do not get the denial but if it comes then it is not the end of the world unless you want it to be.

Good luck to you always!!!

[georgeandli]

Right on, chilton747! Rule#1: Get organized, send everthing certified mail and make copies. Wait, is that three rules or just one big one?