Fiancee Was Denied K-1 Visa, Should We Apply For CR-1 Visa After Getting Married?
In some countries, it is very difficult to get approved for a K-1 visa because the U.S. consulate believes there are higher chances of immigration fraud with this type of visa.
The first thing you need to do after a K-1 visa denial is to review the 221(g) document to learn why your fiancee was denied. In many cases, it could be as simple as an error in the paperwork or some missing evidence. You should not rush to get married until you know all the facts about the denial of your case.
Once the K-1 visa is denied at the consulate or embassy, your petition is returned to the USCIS. They will then review the entire case and reaffirm the denial decision or send it back to the consulate/embassy.
K-1 Visa Was Denied Due To Misrepresentation
Willful misrepresentation on any visa petition can be a reason for an inadmissibility finding by an immigration officer. Review your entire K-1 visa packet and make sure that you did not make any mistakes in answering all the questions truthfully.
Even if it was an error, the consulate may immediately deny you without giving you a chance to correct the problem. In this case, once your petition is sent to the USCIS, send an email or a letter to explain the error.
The USCIS may send your petition back to the consulate to review again with the new information. Your fiancee will be required to attend another K-1 visa interview to get approved.
It is a good idea to attend the K-1 visa interview with your fiancee for moral support and to answer questions that the immigration officer has about your case.
Multiple Previous K-1 Visas In The Past 5 Years
Having filed multiple previous K-1 visas for other people can be a reason for a K-1 visa denial. Remember, the consulate interview is to determine if you have a genuine relationship and to reduce immigration fraud.
The 221(g) form will tell you that you were denied due to previous K-1 visa applications that were either approved or denied. Even if you are honest on your 129F application about the previous petitions, the U.S. consulate may still deny you.
If it has been less than 2 years since your last K-1 visa approval/denial, you will need to wait at least 2 years before applying for someone else. This is to show that you are not just applying for more K-1 visas and not taking the relationship seriously.
You may believe that your relationship is genuine (even with a very short courtship), but you have to convince the immigration offer of this.
K-1 Visa Denial And Marrying Fiancee To Apply For Cr-1 Visa
Sometimes the U.S. consulate or embassy will actually tell you to marry your fiancee after your K-1 visa is denied. This may be because they do not believe your relationship is genuine and want to make sure you are more serious before applying again.
In this case, it is a good idea to marry your fiancee abroad and gather all the evidence needed for the Cr-1 visa. Unfortunately, you will need to pay the CR-1 visa fee and wait for approval like everyone else.
There is no way to expedite your application unless you are living abroad or in the military.
Having a previous K-1 visa denial on your record will make your CR-1 case more difficult. It will not be impossible but you will need to provide a good amount of evidence (sometimes called front-loading your case).
You should also consider going to the CR-1 visa interview with your spouse to make a stronger case for your relationship. The consular officer may ask questions that your spouse may not have the answer to or may mistakenly give the wrong answer due to stress.
What If My Cr-1 Visa Is Also Denied At The Consulate?
If you reviewed your K-1 visa case and have overcome the denial reason, there is a good chance that your CR-1 visa will be approved. However, sometimes the consular officer may still deny you even without a good reason.
As unbelievable as this sounds, many people get stuck in this limbo because they have provided all the appropriate evidence but are still denied and not given a reason.
Your CR-1 case will then be returned to the USCIS back in the states and they will also review the case. If the case is solid, the USCIS will return it back to the consulate to schedule another interview. If the USCIS determines your case is weak or flawed in anyway, they will allow the denial to stand.
If your CR-1 visa is denied by the consulate and USCIS, your best option is to reapply. Yes, this is very expensive and frustrating but there is not much else you can do. The system does not work well all the time and immigration officers and consular officers have a lot of power in making the final decisions.
Now would be a good time to get help from an experienced immigration attorney to help you get through this.
Just think of this as another stepping stone to having the life you want with your spouse. Do not give up! Eventually, your persistence will pay off.