double process!!!!!

[leonardo1267 0]

My fiance apply for my K1 visa, but our case was put in administrative process for about 3 years, after such a long time and we not getting any information or any answer about the process, we decide to get marry and initiate the K3 process, but a few days ago they call us to the consulate again and they give us the k1 visa. iam here in USA since 5 days ago, but what can we do now? we are already marry in my country and the other case is pending. are we in trouble? our case was fill out inDominican Republic.

[payxibka 10,045]

My fiance apply for my K1 visa, but our case was put in administrative process for about 3 years, after such a long time and we not getting any information or any answer about the process, we decide to get marry and initiate the K3 process, but a few days ago they call us to the consulate again and they give us the k1 visa. iam here in USA since 5 days ago, but what can we do now? we are already marry in my country and the other case is pending. are we in trouble? our case was fill out inDominican Republic.

On what visa did you arrive to the USA on?

Since you are now married you are ineligible for a K-1 anyways... so even if you did try to interview, the visa would be refused

[leonardo1267 0]

My fiance apply for my K1 visa, but our case was put in administrative process for about 3 years, after such a long time and we not getting any information or any answer about the process, we decide to get marry and initiate the K3 process, but a few days ago they call us to the consulate again and they give us the k1 visa. iam here in USA since 5 days ago, but what can we do now? we are already marry in my country and the other case is pending. are we in trouble? our case was fill out inDominican Republic.

no it was not, they gave me the k1 and i just arrive in usa with that visa

[payxibka 10,045]

My fiance apply for my K1 visa, but our case was put in administrative process for about 3 years, after such a long time and we not getting any information or any answer about the process, we decide to get marry and initiate the K3 process, but a few days ago they call us to the consulate again and they give us the k1 visa. iam here in USA since 5 days ago, but what can we do now? we are already marry in my country and the other case is pending. are we in trouble? our case was fill out inDominican Republic.

no it was not, they gave me the k1 and i just arrive in usa with that visa

I am sorry I misunderstood. So you were legally married when you arrived in the USA on a fianc(e)e visa?

This was information that you withheld from the CO at your interview?

I think you will find it difficult to adjust status with a marriage that occured BEFORE the visa was issued....

What is the current status of the I-130/I-129F petitions?

Edited May 8, 2008 by fwaguy

[pushbrk 12,822]

My fiance apply for my K1 visa, but our case was put in administrative process for about 3 years, after such a long time and we not getting any information or any answer about the process, we decide to get marry and initiate the K3 process, but a few days ago they call us to the consulate again and they give us the k1 visa. iam here in USA since 5 days ago, but what can we do now? we are already marry in my country and the other case is pending. are we in trouble? our case was fill out inDominican Republic.

no it was not, they gave me the k1 and i just arrive in usa with that visa

You and your husband would be wise to consult a qualified immigration attorney as soon as possible. You may be subject to deportation and subsequent ban on entering the US, for misrepresentation. To be issued a K1 visa, you would have had to represent yourself as eligible to marry. Clearly you were not, since you were already married and have provided a marriage certificate to USCIS in connection with a separate petition.

Find an attorney quickly. You ARE in trouble.

[rebeccajo 14]

Let me get this straight.

You entered the US on your K1 but prior to that you got married in your home country?

[pushbrk 12,822]

Let me get this straight.

You entered the US on your K1 but prior to that you got married in your home country?

Not only that but they have an I-130 and I-129F for spouse in the system, to be used as evidence against them.

[payxibka 10,045]

The moons are lining up to make this potentially one very bad situation.

[rebeccajo 14]

Let me get this straight.

You entered the US on your K1 but prior to that you got married in your home country?

Not only that but they have an I-130 and I-129F for spouse in the system, to be used as evidence against them.

USCIS won't have to go that far in denying the adjustment of status.

The marriage certificate dated prior to the US entry that must be submitted with the I485 will immediately halt the adjustment.

I'm also concerned about the misrepresentation that occured at POE. Very concerned.

[pushbrk 12,822]

Let me get this straight.

You entered the US on your K1 but prior to that you got married in your home country?

Not only that but they have an I-130 and I-129F for spouse in the system, to be used as evidence against them.

USCIS won't have to go that far in denying the adjustment of status.

The marriage certificate dated prior to the US entry that must be submitted with the I485 will immediately halt the adjustment.

I'm also concerned about the misrepresentation that occured at POE. Very concerned.

At interview, then POE. The case on file would cover any attempt to further misrepresent at the AOS stage by marrying again in the US and submitting a new marriage certificate. They're caught six ways from Sunday.

I hope the USC likes the D. R. because it looks like they may need to pack up and move back there to be together.

[rebeccajo 14]

Let me get this straight.

You entered the US on your K1 but prior to that you got married in your home country?

Not only that but they have an I-130 and I-129F for spouse in the system, to be used as evidence against them.

USCIS won't have to go that far in denying the adjustment of status.

The marriage certificate dated prior to the US entry that must be submitted with the I485 will immediately halt the adjustment.

I'm also concerned about the misrepresentation that occured at POE. Very concerned.

At interview, then POE. The case on file would cover any attempt to further misrepresent at the AOS stage by marrying again in the US and submitting a new marriage certificate. They're caught six ways from Sunday.

I hope the USC likes the D. R. because it looks like they may need to pack up and move back there to be together.

Um...I'm not picking on you, Mike, but I'm not sure there was misrepresentation at interview. It sounds like the interview may have been a very long time ago. I'm giving the OP the benefit of the doubt on that one.

[zqt3344 21]

Let me get this straight.

You entered the US on your K1 but prior to that you got married in your home country?

Not only that but they have an I-130 and I-129F for spouse in the system, to be used as evidence against them.

USCIS won't have to go that far in denying the adjustment of status.

The marriage certificate dated prior to the US entry that must be submitted with the I485 will immediately halt the adjustment.

I'm also concerned about the misrepresentation that occured at POE. Very concerned.

At interview, then POE. The case on file would cover any attempt to further misrepresent at the AOS stage by marrying again in the US and submitting a new marriage certificate. They're caught six ways from Sunday.

I hope the USC likes the D. R. because it looks like they may need to pack up and move back there to be together.

Um...I'm not picking on you, Mike, but I'm not sure there was misrepresentation at interview. It sounds like the interview may have been a very long time ago. I'm giving the OP the benefit of the doubt on that one.

Doubt anything happens, I mean they could just go right ahead and get remarried in the USA with new ceremony and go from there with that certificate and call or write to USCIS and cancel the K3, or K1 whichever, they are going to be fine.

[pushbrk 12,822]

Let me get this straight.

You entered the US on your K1 but prior to that you got married in your home country?

Not only that but they have an I-130 and I-129F for spouse in the system, to be used as evidence against them.

USCIS won't have to go that far in denying the adjustment of status.

The marriage certificate dated prior to the US entry that must be submitted with the I485 will immediately halt the adjustment.

I'm also concerned about the misrepresentation that occured at POE. Very concerned.

At interview, then POE. The case on file would cover any attempt to further misrepresent at the AOS stage by marrying again in the US and submitting a new marriage certificate. They're caught six ways from Sunday.

I hope the USC likes the D. R. because it looks like they may need to pack up and move back there to be together.

Um...I'm not picking on you, Mike, but I'm not sure there was misrepresentation at interview. It sounds like the interview may have been a very long time ago. I'm giving the OP the benefit of the doubt on that one.

Yeah, I re-read the original post. Perhaps the interview was quite some time ago and the only misrepresentation was at the POE. That's bad but maybe not quite so bad. I also worry that if the USC travelled with his wife and was complicit in the misrepresentation, he could be arrested at the AOS interview. Bad deal.

[pushbrk 12,822]

Let me get this straight.

You entered the US on your K1 but prior to that you got married in your home country?

Not only that but they have an I-130 and I-129F for spouse in the system, to be used as evidence against them.

USCIS won't have to go that far in denying the adjustment of status.

The marriage certificate dated prior to the US entry that must be submitted with the I485 will immediately halt the adjustment.

I'm also concerned about the misrepresentation that occured at POE. Very concerned.

At interview, then POE. The case on file would cover any attempt to further misrepresent at the AOS stage by marrying again in the US and submitting a new marriage certificate. They're caught six ways from Sunday.

I hope the USC likes the D. R. because it looks like they may need to pack up and move back there to be together.

Um...I'm not picking on you, Mike, but I'm not sure there was misrepresentation at interview. It sounds like the interview may have been a very long time ago. I'm giving the OP the benefit of the doubt on that one.

Doubt anything happens, I mean they could just go right ahead and get remarried in the USA with new ceremony and go from there with that certificate and call or write to USCIS and cancel the K3, or K1 whichever, they are going to be fine.

First, it's against terms of service to encourage visa fraud. This woman is the beneficiary in another case where a marriage certificate has been filed. I can't see any competent attorney advising them to commit even more fraudulent acts, in the hopes USCIS won't put two and two together before, during or after any AOS interview.

They could both be subject to State charges for fraudulently obtaining a marriage license when already married.

[Sylvia_n_Joseph 3]

Is there and act of fraud by accepting the k1 from the Embassy while they are married