K1 vs. CR-1 Question

[fishin]

My fiancee and I are now moving ahead with our 2nd K1 visa attempt. To give a little background our 1st attempt was begun in February 2008 and resulted initially in a blue slip and in September 2009 a white. It took many months of discussion in deciding to attempt another K1 or to get married and go the K3 route. Ultimately I decided to attempt another K1 which started in March 2010. Her interview is now scheduled in the not to distant future.

 

My question is how to answer this question at the interview, Why haven't you and your finacee gotten married?

 

More background. The attorney I hired the first time around, big mistake and total waste of time and money, advised us to go the K1 route as he said it was much quicker. That would be an answer for the first attempt. Some would ask,"But why not change midstream and go for the K3 and CR1 the 2nd time?" My responce would be from what I have read on this site and my personal experience the first time around,that basically everyone gets mistreated no matter the visa type.Any organization that can get away with non bonafide relationship as a detailed explanation of the denial reason which to me shows a total disdain for the applicants makes me wonder if any amount of proof of a relationship or type of visa applied for is relevant to them.

 

My worry was if we got married and they said no again whats left. Live a persons life trying over and over again beyond reason and expense with your lives on hold or lord forbid a divorce if you're never allowed to be together. Not such a simple question and answer I think. What do you all think?

 

Fishin for a visa to be with the one I love!

[concert500]

I went the K-3 route and looking back I would have gone the Fiance route because after your maried its such a burden to prove its real. We sunbmitted so much evidence they didn't believe us. I would look long and hard at a K-1 and spend as much time together as possible. I would be surprised if that question came up but God knows the people in Guangzhou are from another planet. We found out this week that our case is being sent back to the uscis for "possible revocation." It has hit us like a train. Being married and kept apart is a weight no one should carry. It is hell. Good luck to you!!!

[concert500]

Your right about the non-Bona-fide crap... It is inhuman!!!

[Ryan H]

My fiancee and I are now moving ahead with our 2nd K1 visa attempt. To give a little background our 1st attempt was begun in February 2008 and resulted initially in a blue slip and in September 2009 a white. It took many months of discussion in deciding to attempt another K1 or to get married and go the K3 route. Ultimately I decided to attempt another K1 which started in March 2010. Her interview is now scheduled in the not to distant future.

 

My question is how to answer this question at the interview, Why haven't you and your finacee gotten married?

 

More background. The attorney I hired the first time around, big mistake and total waste of time and money, advised us to go the K1 route as he said it was much quicker. That would be an answer for the first attempt. Some would ask,"But why not change midstream and go for the K3 and CR1 the 2nd time?" My responce would be from what I have read on this site and my personal experience the first time around,that basically everyone gets mistreated no matter the visa type.Any organization that can get away with non bonafide relationship as a detailed explanation of the denial reason which to me shows a total disdain for the applicants makes me wonder if any amount of proof of a relationship or type of visa applied for is relevant to them.

 

My worry was if we got married and they said no again whats left. Live a persons life trying over and over again beyond reason and expense with your lives on hold or lord forbid a divorce if you're never allowed to be together. Not such a simple question and answer I think. What do you all think?

 

Fishin for a visa to be with the one I love!

 

 

I saw this question on a Visa Journey forum; while the background on that case and yours are different, the answer can probably still be the same. This is the answer I have seen, "we are pursuing a K1 visa instead of a CR1 because we do not want to be separated after we marry." Don't know if that will help in your case, but it's one way to look at it.

 

Wishing you success.

Edited August 22, 2010 by Ryan H (see edit history)

[dnoblett]

I went the K-3 route and looking back I would have gone the Fiance route because after your maried its such a burden to prove its real. We sunbmitted so much evidence they didn't believe us. I would look long and hard at a K-1 and spend as much time together as possible. I would be surprised if that question came up but God knows the people in Guangzhou are from another planet. We found out this week that our case is being sent back to the uscis for "possible revocation." It has hit us like a train. Being married and kept apart is a weight no one should carry. It is hell. Good luck to you!!!

Good point.

 

If denied K-1 many simply go ahead and marry and file for a CR-1 visa. The only issue is what happens with the denied K-1.

 

K-1 can have one of three things happen.

1. It is administratively "Expired" by USCIS, they send out a letter saying so and to go ahead and file another petition (K-1 or a CR-1 if married)
2. It is reaffirmed and sent back to the consulate for another interview, USCIS does not believe the consulate's decision.
3. It is REVOKED in this case this will have the effect of denying all further visa petitions, this happens if you do not address the NOIR notice sent out by USCIS.

Note: K-3 is essentially a dead visa type, USCIS in the vast majority of cases tie the I-129F(K-3) to the underlying I-130 (CR-1/IR-1) petition and approves them at same time and sends to NVC where NVC will administratively close the I-129F in favor of the CR-1 or IR-1 visa petition. K-3 was a visa type intended for a couple to be reunited in the USA and WAIT for I-130 approval so that they can either AOS or return to home country and get CR-1 or IR-1 visa, the reason for K-3 (Waiting for I-130 approval) no longer exists.

[fishin]

Your right about the non-Bona-fide crap... It is inhuman!!!

Thanks concert500. I couldn't have said it any better.If I can be of any help to you please let me know.

[fishin]

I saw this question on a Visa Journey forum; while the background on that case and yours are different, the answer can probably still be the same. This is the answer I have seen, "we are pursuing a K1 visa instead of a CR1 because we do not want to be separated after we marry." Don't know if that will help in your case, but it's one way to look at it.

 

Wishing you success.

Thanks Ryan H for the advice. I like the answer. It is a positive responce vs. telling them what a person would really like to expletives deleted. Please let me know if I can help you in anjy way.

[fishin]

Good point.

 

If denied K-1 many simply go ahead and marry and file for a CR-1 visa. The only issue is what happens with the denied K-1.

 

K-1 can have one of three things happen.

1. It is administratively "Expired" by USCIS, they send out a letter saying so and to go ahead and file another petition (K-1 or a CR-1 if married)
2. It is reaffirmed and sent back to the consulate for another interview, USCIS does not believe the consulate's decision.
3. It is REVOKED in this case this will have the effect of denying all further visa petitions, this happens if you do not address the NOIR notice sent out by USCIS.

Note: K-3 is essentially a dead visa type, USCIS in the vast majority of cases tie the I-129F(K-3) to the underlying I-130 (CR-1/IR-1) petition and approves them at same time and sends to NVC where NVC will administratively close the I-129F in favor of the CR-1 or IR-1 visa petition. K-3 was a visa type intended for a couple to be reunited in the USA and WAIT for I-130 approval so that they can either AOS or return to home country and get CR-1 or IR-1 visa, the reason for K-3 (Waiting for I-130 approval) no longer exists.

Thanks dnoblett. I haven't heard a thing about the original K1 since Sept of last year. Not a thing and I doubt I ever will. I understand that if you are given a NOIR you get very little time to respond and I have been advised by several people that having a lawyer for that may be a good idea. Please let me know if I can provide any of my experience to you.

Sorry concert500 I was confused by who had sent the responce to me. Thnaks again.

Edited August 22, 2010 by fishin (see edit history)

[dnoblett]

Thanks dnoblett. I haven't heard a thing about the original K1 since Sept of last year. Not a thing and I doubt I ever will. I understand that if you are given a NOIR you get very little time to respond and I have been advised by several people that having a lawyer for that may be a good idea. Please let me know if I can provide any of my experience to you.

Sorry concert500 I was confused by who had sent the responce to me. Thnaks again.

 

I have seen scenario 1 and 2 played out in posts one had gotten married and the K-1 had been re-affirmed, thy had to inform consulate that the K-1 case needed to be canceled because of marriage.

 

Ellis has seen several revoked K-1s kill a following CR-1 case at the consulate.

 

One unique case a year or so ago involved a K-3, the K-3 got denied at the consulate, the petitioner then responded to the pending I-130 an NVC and got CR-1 moved to the consulate where the Cr-1 then was approved. I suspect a lawyer addressed any red flags before moving on the held CR-1 petition.

[concert500]

There are so many blackend hearts abused by these nonsensical Embassy conundrums. It is a sad state of affairs at GUZ. I wish everyone the best. A few days ago I was in a dark place but after finding this site, I feel better. I had a great talk with my wife this morning and that giving up is not in our future. She was totally devastated when she received the letter of possible revocation. I have an immigration attorney but he doesn't tell me anything really about what's happening or at least mine doesn't. I thought it was basically all over until I began to read the posts from the kind people who are in the forum. My heart has a little spring in it today. God bless each of you.

 

 

I totally agree with Ryan H: If they ask that question tell them there are already enough shattered lives living apart in solitude and sadness because of your CR1 process!!!!

 

I pray for each of you. It's all we can do.

 

 

[fishin]

I went the K-3 route and looking back I would have gone the Fiance route because after your maried its such a burden to prove its real. We sunbmitted so much evidence they didn't believe us. I would look long and hard at a K-1 and spend as much time together as possible. I would be surprised if that question came up but God knows the people in Guangzhou are from another planet. We found out this week that our case is being sent back to the uscis for "possible revocation." It has hit us like a train. Being married and kept apart is a weight no one should carry. It is hell. Good luck to you!!!

concert500. looks like they put you guys thru pretty much the same ringer as us. you follow all the rules provide hundreds of pages of facts for the most part that would be acceptable in any court of law and they can make a bull____ "Purely Subjective Opinion" non bonafide relationship responce that is supposed to suffice as a detailed letter stating why they said no which I understand is the law? i envision them, granted a purely subjective opinion on my part, as a low lifeform that crawls out from under their rock and makes a monumental life changing decision without really knowing the people they are ruling on.I couldn't have their job I suppose as I'd be trying to get every single case right and time and upper management wouldn't permit it. Thus i'd probably be dismissed as I wouldn't compromise my principals for any job.

[credzba]

My fiancee and I are now moving ahead with our 2nd K1 visa attempt. To give a little background our 1st attempt was begun in February 2008 and resulted initially in a blue slip and in September 2009 a white. It took many months of discussion in deciding to attempt another K1 or to get married and go the K3 route. Ultimately I decided to attempt another K1 which started in March 2010. Her interview is now scheduled in the not to distant future.

 

My question is how to answer this question at the interview, Why haven't you and your finacee gotten married?

 

More background. The attorney I hired the first time around, big mistake and total waste of time and money, advised us to go the K1 route as he said it was much quicker. That would be an answer for the first attempt. Some would ask,"But why not change midstream and go for the K3 and CR1 the 2nd time?" My responce would be from what I have read on this site and my personal experience the first time around,that basically everyone gets mistreated no matter the visa type.Any organization that can get away with non bonafide relationship as a detailed explanation of the denial reason which to me shows a total disdain for the applicants makes me wonder if any amount of proof of a relationship or type of visa applied for is relevant to them.

 

My worry was if we got married and they said no again whats left. Live a persons life trying over and over again beyond reason and expense with your lives on hold or lord forbid a divorce if you're never allowed to be together. Not such a simple question and answer I think. What do you all think?

 

Fishin for a visa to be with the one I love!

 

I have posted many times in the past, and repeat here, I do not see why you would not marry.

If the K1 fails, if the CR-1 fails, will you break up and leave each other? If so, then they were right in denying your visa.

If K1 fails, and CR1 fails, and you then plan to find a way to be together, in china, or whatever is required, then marrying is not an issue.

 

I have read good reasons for K1 over CR1, but none of them were based on "If we cant get a visa, then we'll break up and find someone new".

 

I think at this point you are so far along on the second K1, you might as well play it out, but I would quote Albert Einstein, "Insanity: doing the same thing over and over again and expecting different results."

 

If you changed nothing, then how do you expect different results?

Perhaps you have visited more by now, perhaps you know her family better, and she yours, perhaps she has learned english, and you chinese?

 

I wish you, and everyone who applies, success but I think you need to be realistic.

[warpedbored]

We went K-1 only because at the time we went through the process K-1 was significantly faster than K-3 or CR-1. When my wife got a blue slip I too was devastated. Fortunately the overcome process was faster and easier in those days but I can totally understand your outrage at the consulate. Put it behind you and do what you have to do to get together. I am concerned with your lawyer Concert500. From what you've been saying it doesn't sound like he/she is very knowledgeable about the inner workings of the consulate at GZ. They do things differently there than they do at other consulates. I think you would be wise to at least consult with another attorney who knows how to deal with them. If the USCIS reaffirms your case and sends it back to GZ you will probably only get one more swing at bat. You had better be ready for anything. Double check everything your lawyer does. Remember this, no one cares more about your petition than you do.

[concert500]

concert500. looks like they put you guys thru pretty much the same ringer as us. you follow all the rules provide hundreds of pages of facts for the most part that would be acceptable in any court of law and they can make a bull____ "Purely Subjective Opinion" non bonafide relationship responce that is supposed to suffice as a detailed letter stating why they said no which I understand is the law? i envision them, granted a purely subjective opinion on my part, as a low lifeform that crawls out from under their rock and makes a monumental life changing decision without really knowing the people they are ruling on.I couldn't have their job I suppose as I'd be trying to get every single case right and time and upper management wouldn't permit it. Thus i'd probably be dismissed as I wouldn't compromise my principals for any job.

 

I see the line backed up at Heavens gate for all the Visa Officers answering for their dirty deeds.

[dnoblett]

I see the line backed up at Heavens gate for all the Visa Officers answering for their dirty deeds.

I would not hang them too hard, keep in mind Guangzhou is an imigrations consulate that handles cases from an area of about 1/4 the worlds population, overworked and understaffed, they have a very short period of time to do any research. They have to look at the cases and decide if it is legitimate or just another case of "buying a green-card".

 

They don't know you personally and have just what they have in the case file to go with.

 

Visa fraud is quite common out of China, and unfortunately the visa officer saw something that made them think this and tend to prefer to err on the side of denial.