Ana Armani

hi,
I was posting here previously about my K-1 visa,which was sent back by the consul officer for review. It was in April.
My fiance,(now my husband) came here in my country in May. We wanted to get married even before our fiance visa petition was pending,as it took much time. After my refusal,he met the attorny who said that fiance visa would be expired in 4 months and there was no way for me to go to the states with this petition. We requested the senator to help in our case as well,but all the answers we got was unclear. "It was returned for review" that was the answer.
Anyway we married in May. We prepared all the paperwork and sent it to Chicago on May 28. On July 3, he got notice from USCIS that they will reveiw the case(K-1)
All of a sudden he got another notice from the USCIS that our marriage based petition (I-130) was approved on July 28. It seemed so strange bcs all the petitions are normally approved after 8 month or so.

Now I am very confused, as I will have the immigrant visa (CR-1)interview very soon. My husband thinks that the quick approval of this petition means to affirm the previous petition as well. Is that correct?
Does anyone know the case like that? What should I expect from this interveiw now.
Thanks in advance

BritishGuy36

Forget about the K1. You wasted time and money on that, as the moment you got married it became null and void.

The K1 and CR-1 processes are seperate and distinct, one does not affect the other in any way. I have no idea why your I-130 and DS-230 part 1 appear to have been processed so quickly. Don't wonder, just go with it.

Do you have your CR-1 interview date yet? Once you have that interview, presuming you are approved, the visa will be affixed into your passport and sent back to you within a few days.

What you should expect at the interview is to be questioned on the validity of your marriage, your plans for living in the US, scrutiny of the USC's recent tax returns, and investigation as to whether you pass the requirements of the I-864 (domicile, assets/funds etc).

Ana Armani

Thanks for reply. My case in at NVC now. My husband paid money and sent affidavit of support last week. I haven't received DS-230 yet.
I also think that K-1 is null,but I wonder if it effects my new petition.What is written in my file? Should there be that unclear misrepresention mark in my file?
All I read about the similar cases are not good. Some say you still have to overcome consular officer's point of veiw. Some say getting married makes it difficult to obtain visa and so on.
It took really a very long time to get a visa

BritishGuy36

The K1 is dead and as I said is not connected to your immigrant visa application. Forget about any imagined consquences from that.

You only need to convince the consular officer that you fulfill the requirements for granting a visa.

You say you already sent off the I-864 so that's out of the way.

What in particular concerns you about the interview? Of which country(ies) are you currently a citizen?

Ana Armani

Yes I-864 is sent already. I live in Tbilisi,Georgia. Happening "great" things here by Russians.
I have never been to the states.
Your message really gave me hope now.

BritishGuy36

Is your husband living and working in the USA at this moment in time? If so, then he is obviously domiciled there, and you have somewhere to live already, and probably can support you so they won't bother about that.

As long as you can prove it is a bona-fide marriage and there are no complications like you have a criminal history then you are most of the way there.

If there's anything specific that concerns you about the interview just post it here and you may get some advice on it.

Rete

Whatever notations were written in your file while your previous K-1 was being processed will be placed in your file for the I-130 processing. As noted, your K-1 is void due to your marriage but why would you think that there would a charge of misrepresentation placed against you?

When your now husband filed the I-129F for you and you went to your interview for the K-1 at the US Consulate, you were not married and therefore there was no misrepresentation. You and your husband can stop worrying about that.

You are still a long way from getting your CR-1 visa. Did you check with the attorney that you consulted with to see if you will need to get all the documentation again that you previously had to get for the K-1 interview, for example, medical, police clearance if applicable, etc.

Ana Armani

Thanks for the response.It made me much happier now.
I have read much about the immigration laws on the website. According to one attorney, once the consular officer sends back the file she\he puts quasi-refusal on the file, if the original petition(in my case k-1) is revoked under 203(g) ,misrepresentation will appear in my file.
I have also read that DOS doesn't process new petitions unless they get the response from USCIS about the original petiton. So I became all confused.
When he filed I-130 petiton we ,of course wrote there about I-129 F petiton as well, so it is in my new petition.

I have to make new medical exam and police certificates , as well as to submit the proof of relationship,which is not a problem.

What other things are left till the petiton come to my country? Filing DS 230 and sumbitting civil documents,right?

Ana Armani

Yes, he lives in Las Vegas, he is a CPA .Once we married he spent as much time as he could. He left onAugust 7, just the day when he recieved instructions and the case number from NVC. Financial support is not a problem at all, as well as my police reports or medical exams.
I had huge amount of proof on the intreview,pictures, letters,cards,phone bills,his tickets. He came twice when our fiance visa was bieng processed.
I think consular officer didn't beleive our intentions as there is age difference between us. If it can be considered to be a problem.Con.officer asked me lots of questions which I answered correctly, then she said she decided not to give me a visa.That's why I am so concerned now. Giving refusal without giving any specific reasons.

Tracym

OK I am a little confused now - were you ever actually refused the K-1 visa?

Saying you're not getting the visa then, there will be more processing is one thing - that's not a refusal - that's saying they were still considering it.

Saying NO, you're not getting the K-1 AT ALL is a refusal.

You mention an age difference - there is quite a large age difference between my husband and I, and he was approved. Is the age difference between you two very unusual? Only if you'd like to say - how many years are between you two?

Ana Armani

All she (con.offcer )told me on the interview was : "we decided not to give you a visa and we are sending your petition back" That was in April on my fiance visa interview. After that it was sent back and it is still in USCIS. My now husband got the letter saying that Homeland Security got fiance visa petiton back for review. It was on July 3.That's all.
On July 28 they approved our new petiton(I-130) and he received notice of approval. It was very enexpected for us to know that the petition was approved in 1 month,thanks God.
The age difference is 30 years.

BritishGuy36

Just because they approved the I-130 your husband filed doesn't mean they will approve your visa.

As Tracy states, there is a big difference between abandoning a K1 application and getting the K1 adjudicated and REFUSED. You did not mention this in your original post, you made it sound like the K1 process was not complete, when it appears that it was.

Ana Armani

I am sorry ,but I meant that. That 's why I am so concerned. Fiance visa was sent for further review in USCIS,but USCIS didn't take any action yet.

Tracym

It's confusing to me too - if they sent the petition back for review, that implies to me that they were still looking at it. But in any case, as others have said, the K-1 is over now.

Tracym

That is a large age difference, but certainly not unheard of - especially since the man is the older of the two.

My husband and I have a lesser age difference, but I am the older one and he the sweet young thing

I'm sure it makes them look at couples a bit closer, but imo that alone shouldn't be a reason for a denial. My husband and I are a much more "unusual" couple than you two based upon age.