K1 second time

[Highlander]

After receiving a denial, has anyone just started all over with the K1 again, rather that the CR1? Looks like different forms, but basic information all over again with the CR.

[tsap seui]

After receiving a denial, has anyone just started all over with the K1 again, rather that the CR1? Looks like different forms, but basic information all over again with the CR.

 

Buddy, you can go the K-1 route again, but, you will need to find out what was wrong the first time in your case. That means waiting for your case to get back to your service center, waiting for them to review it, waiting for them to "maybe" send you a letter stating the charges against you two and giving you a month or so to rebut those charges. Waiting for the service center to review your rebuttal. Then, if they agree with you, you will be waiting for them to send your case back to the NVC, who will look at it again and send it to Guangzhou, and then you will wait the current amount of time it takes for GUZ to open your case and send you a P-3, P-4 and interview date.

 

Wish I had better news, or a shortcut for you.

 

Hang in there, man.

 

tsap seui

[Highlander]

After receiving a denial, has anyone just started all over with the K1 again, rather that the CR1? Looks like different forms, but basic information all over again with the CR.

 

Buddy, you can go the K-1 route again, but, you will need to find out what was wrong the first time in your case. That means waiting for your case to get back to your service center, waiting for them to review it, waiting for them to "maybe" send you a letter stating the charges against you two and giving you a month or so to rebut those charges. Waiting for the service center to review your rebuttal. Then, if they agree with you, you will be waiting for them to send your case back to the NVC, who will look at it again and send it to Guangzhou, and then you will wait the current amount of time it takes for GUZ to open your case and send you a P-3, P-4 and interview date.

 

Wish I had better news, or a shortcut for you.

 

Hang in there, man.

 

tsap seui

I would really be an old man by then. I just wondered if anyone had gone that route.

[RobertH]

You got a white?

[Stepbrow]

It is my opinion when a denial of a K-1 takes place it is because red flags have been the cause. I say this because the actual ( I mean legal) requirements of the K-1 are minimal.

 

Here they are: "Eligibility Requirements

 

If you petition for a fianc¨¦(e) visa, you must show that:

 

* You (the petitioner) are a U.S. citizen.

* You intend to marry within 90 days of your fianc¨¦(e) entering the United States.

* You and your fianc¨¦(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.

* You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:

1. If the requirement to meet would violate strict and long-established customs of your or your fianc¨¦(e)¡¯s foreign culture or social practice.

2. If you prove that the requirement to meet would result in extreme hardship to you."

 

Red Flags are not legal requirements. They are just concerns that a ConOff has. But, since the ConOff does have the legal power to deny the visa without recourse, they can deny based on a concern. I believe that the denial is just a test to see if you two will stick with the relationship. So, I think it is a valid course of action to just refile the K-1 again. Talk to your fiance, and see if she was asked any questions that could reflect a possible red flag, then address those questions in your re-submittal.

 

Another course of action would be to return to China, marry and then file a CR-1. Personally, if I was in your shoes this is the way I would go. The time wait is about the same, and the long term costs are less.

[Randy W]

I pretty much agree with what stepbrow said. However, it might be best to have a lawyer who can look over your entire case, objectively address those red flag issues, and tell you whether another K-1 or a CR-1 would be best. Marc Ellis is probably the best in this regard.

[Highlander]

It is my opinion when a denial of a K-1 takes place it is because red flags have been the cause. I say this because the actual ( I mean legal) requirements of the K-1 are minimal.

 

Here they are: "Eligibility Requirements

 

If you petition for a fianc¨¦(e) visa, you must show that:

 

* You (the petitioner) are a U.S. citizen.

* You intend to marry within 90 days of your fianc¨¦(e) entering the United States.

* You and your fianc¨¦(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.

* You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:

1. If the requirement to meet would violate strict and long-established customs of your or your fianc¨¦(e)¡¯s foreign culture or social practice.

2. If you prove that the requirement to meet would result in extreme hardship to you."

 

Red Flags are not legal requirements. They are just concerns that a ConOff has. But, since the ConOff does have the legal power to deny the visa without recourse, they can deny based on a concern. I believe that the denial is just a test to see if you two will stick with the relationship. So, I think it is a valid course of action to just refile the K-1 again. Talk to your fiance, and see if she was asked any questions that could reflect a possible red flag, then address those questions in your re-submittal.

 

Another course of action would be to return to China, marry and then file a CR-1. Personally, if I was in your shoes this is the way I would go. The time wait is about the same, and the long term costs are less.

Just talked with my SO. All I can figure out is, she did not understand what my job title was in 1994, "Supervisor/diemaker". I be the VO does not know what a diemaker is. Does anyone here know what a diemaker is? Difficult to believe we receive a white slip for 1 misunderstood question. The VO has the power to deny just because his breakfast was too cold. Just have to start all over.

[tsap seui]

Just talked with my SO. All I can figure out is, she did not understand what my job title was in 1994, "Supervisor/diemaker". I be the VO does not know what a diemaker is. Does anyone here know what a diemaker is? Difficult to believe we receive a white slip for 1 misunderstood question. The VO has the power to deny just because his breakfast was too cold. Just have to start all over.

 

 

You'll be okay, no matter what. The hurt is huge just now but it will deminish as you work on your goal.

 

Drop Marc Ellis and e-mail and run your ideas before him. If your service center is Vermont, you may have a shot at another approval from the USCIS. If you get re-approved then the friendly folks in GUZ can't eny you on what the USCIS has approved. Just a thought.

 

tsap seui

[d&z]

It is my opinion when a denial of a K-1 takes place it is because red flags have been the cause. I say this because the actual ( I mean legal) requirements of the K-1 are minimal.

 

Here they are: "Eligibility Requirements

 

If you petition for a fianc¨¦(e) visa, you must show that:

 

* You (the petitioner) are a U.S. citizen.

* You intend to marry within 90 days of your fianc¨¦(e) entering the United States.

* You and your fianc¨¦(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.

* You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:

1. If the requirement to meet would violate strict and long-established customs of your or your fianc¨¦(e)¡¯s foreign culture or social practice.

2. If you prove that the requirement to meet would result in extreme hardship to you."

 

Red Flags are not legal requirements. They are just concerns that a ConOff has. But, since the ConOff does have the legal power to deny the visa without recourse, they can deny based on a concern. I believe that the denial is just a test to see if you two will stick with the relationship. So, I think it is a valid course of action to just refile the K-1 again. Talk to your fiance, and see if she was asked any questions that could reflect a possible red flag, then address those questions in your re-submittal.

 

Another course of action would be to return to China, marry and then file a CR-1. Personally, if I was in your shoes this is the way I would go. The time wait is about the same, and the long term costs are less.

Just talked with my SO. All I can figure out is, she did not understand what my job title was in 1994, "Supervisor/diemaker". I be the VO does not know what a diemaker is. Does anyone here know what a diemaker is? Difficult to believe we receive a white slip for 1 misunderstood question. The VO has the power to deny just because his breakfast was too cold. Just have to start all over.

sorry to hear about your situation. If was me i would go With CR-1 also but i only know enough to get myself in trouble most of the time. By the way i know exactly what a diemaker is, a friend of mine is a diemaker. When i tell him a measurement like about a quarter inch it drives him crazy.

[Highlander]

Yes,,,the CR-1 is the next plan. Heading to China soon, when the weather breaks. I was a diemaker many years, good pay, hard on the eyes though. Quarter inch,,,,that is good. Try, .0047,,,,thickness of most paper.

[d&z]

Yes,,,the CR-1 is the next plan. Heading to China soon, when the weather breaks. I was a diemaker many years, good pay, hard on the eyes though. Quarter inch,,,,that is good. Try, .0047,,,,thickness of most paper.

Yes very good trade. I don't have the patience for it though and now i would have to wear my reading glasses too. In my trade if i am within 3 to 5 mils i am good. Anyway, i wish you and yours all the best.

[david_dawei]

my personally worry would be if they are causing this to see how serious the relationship is; usually those who refile as a CR1 send a very strong statement back to GUZ that THIS IS SERIOUS.

 

My gut says that refiling as K1 does not really say this in the same language. good luck

[tsap seui]

Yes,,,the CR-1 is the next plan. Heading to China soon, when the weather breaks. I was a diemaker many years, good pay, hard on the eyes though. Quarter inch,,,,that is good. Try, .0047,,,,thickness of most paper.

 

I'm happy to see you going the CR-1 route. Like David says, it will send GUZ a very strong message.

 

In our case we have decided to go the IR-1 route with a DCF filing. We were kicked into the dirt when our K-1 was denied...wish it could've been denied at the interview instead of 10 months after but ya just gotta deal with what you're given.

 

I gotta say, our relationship is much stronger after we got dragged through the mud by an American agency. Ya really don't know each other until the shit hits the fan, then you REALLY get to see what each other is truly made of.

 

File that CR-1, heck, you'll probably have your wife here before I come back with mine in mid 2011

 

Good luck.

 

tsap seui

 

The lil' rabbit and I met in person 3 years and 3 months ago, TODAY.

[Highlander]

Thanks for info everyone. Since I have not found any Red Flags so far, I need to study my SO and my Weak Points. We both have been divorced long time, had SAME jobs, address, phone numbers, bank accounts, etc. many years. To me this would say, Stable people. We talked 11 months before I went to China, and got engaged, April 3 weeks. We have Patience. I thought our Weak Points were, only 1 trip to China, and $$ close to minimum, Wrong. Our, Downfall, was not communicating good with what is in the Kitchen Sink. All the folders had Simple Cover Letters, colored tabs, EOR letter simple with a couple of little thumbnail photos, good cummunacating logs and samples. All info very easy for the VO to read and understand.

Problem, my SO did not understand or remember some of the information. I do not remember some of the info, and I have spent a lot of hours preparing the info.

[tkgert]

Thanks for info everyone. Since I have not found any Red Flags so far, I need to study my SO and my Weak Points. We both have been divorced long time, had SAME jobs, address, phone numbers, bank accounts, etc. many years. To me this would say, Stable people. We talked 11 months before I went to China, and got engaged, April 3 weeks. We have Patience. I thought our Weak Points were, only 1 trip to China, and $$ close to minimum, Wrong. Our, Downfall, was not communicating good with what is in the Kitchen Sink. All the folders had Simple Cover Letters, colored tabs, EOR letter simple with a couple of little thumbnail photos, good cummunacating logs and samples. All info very easy for the VO to read and understand.

Problem, my SO did not understand or remember some of the information. I do not remember some of the info, and I have spent a lot of hours preparing the info.

Sorry to hear about your denial, we are in the same boat, we are waiting for our case to be returned to USCIS now. Our case was filed at the Vermont SC also, when I receive any further information I will pass this on to you and maybe this can help you out. Good Luck