Filed for K1 in october, getting married in India in April, is it wise?

[chris4gretchen 1]

from USCIS point of view , it will be on them to prove they are NOT married for the K1 visa. That is no easy task when you send them wedding photos. How do you prove you are NOT registered??? try that one. It is not for USCIS to prove they are married.

They have an uphill battle and it would be easier to cancel the k1 which will in all likely hood be denied after how many months. They may as well get married again in april. The time to research and find the quickest way for her to come here was before they filed and included the wedding info.

Now they are stuck in damage control and its not going to be quick. The damage is done. Unfortunately she will not be entering the USA asap. They will get a notice of denial, or a RFE, or be put in AR for awhile. And in the end after all that if they get to an interview, the interviewing consul will probably deny based on the wedding photos and him admitting they got married. The non legal non binding wedding with K1 works when you dont mention it. If they see anything that looks like a marriage, the K1 is off and the burden is on the petitioner to prove they arent married.

Chris

[sauron 0]

Why not go for it, how will anyone know, just get married in the USA anyway like you have to. Good luck.

Did you read his post??? he sent wedding pictures in with his petition and a letter explaining how they got married. I think informing them in the petition will let them know.

Chris

I should have left the pictures out. As I said before, we were unable to register the marriage. In my mind at the time, that ruled out filing for a K3, since page 4 of the I-129f instructions require "a marriage certificate evidencing the legal marriage between the citizen and alien". Since that was impossible to obtain (believe me we tried so hard, but without support of her parents and neither of us being native to the city we were residing in, it was impossible to convince the bureaucracy to give us one), we chose the K1. In answer to your question "did we research", yes we did, elsewhere. I did not know of this site at the time. And I almost left the wedding pictures out...I spent a couple days making that decision. In the end I decided it would only be more evidence of the seriousness of our intentions. Accompanying that was a note from me explaining our difficulties getting the marriage registered in India, and that we intend to marry in the USA. I should have mentioned this all in the OP, but I did forget the reason we did not file for the K3.

[Gringita/Morenito 0]

Well I think I would wait it out. (And hold off on the April thing). There are October filers getting approvals so you probably are not too far off from hearing something....and God willing your explanation was enough to show you are not legally married.

[chris4gretchen 1]

I should have left the pictures out. As I said before, we were unable to register the marriage. In my mind at the time, that ruled out filing for a K3, since page 4 of the I-129f instructions require "a marriage certificate evidencing the legal marriage between the citizen and alien". Since that was impossible to obtain (believe me we tried so hard, but without support of her parents and neither of us being native to the city we were residing in, it was impossible to convince the bureaucracy to give us one), we chose the K1. In answer to your question "did we research", yes we did, elsewhere. I did not know of this site at the time. And I almost left the wedding pictures out...I spent a couple days making that decision. In the end I decided it would only be more evidence of the seriousness of our intentions. Accompanying that was a note from me explaining our difficulties getting the marriage registered in India, and that we intend to marry in the USA. I should have mentioned this all in the OP, but I did forget the reason we did not file for the K3.

Well i wish you good luck and i hope things work out so your wife/fiance gets reunited with you as fast as possible. I understand the pangs of long distance separation. Hopefully you will know soon what is going to happen so you arent in limbo too long. But i think youre facing some obstacles to hurdle.

Chris

Edited January 31, 2008 by chris4gretchen

[marisol 0]

I wonder if a document signed by a notary stating that it was NOT a legal marriage would be any help? Just a thought.

I suggest waiting to see what they come back with. I'm sure that the worst will be a longer wait and change of application but wait until they respond before doing anything.

"and God willing your explanation was enough to show you are not legally married."

I hope so too. Good luck.

[sauron 0]

I contacted an AILA attorney recommended by a family friend. Going to discuss options with her tomorrow. I do feel better about this, though, now that I have remembered why we filed the K1. I'll let you guys know more tomorrow. Thanks again for the advice, though it is alarming

[~Laura and Nick~ 5]

I wish you luck

Sounds like you'll have some obstacles to face.

Have faith in your love and in your relationship...you'll make it through.

[john_and_marlene 162]

from USCIS point of view , it will be on them to prove they are NOT married for the K1 visa. That is no easy task when you send them wedding photos. How do you prove you are NOT registered??? try that one. It is not for USCIS to prove they are married.

They have an uphill battle and it would be easier to cancel the k1 which will in all likely hood be denied after how many months. They may as well get married again in april. The time to research and find the quickest way for her to come here was before they filed and included the wedding info.

Now they are stuck in damage control and its not going to be quick. The damage is done. Unfortunately she will not be entering the USA asap. They will get a notice of denial, or a RFE, or be put in AR for awhile. And in the end after all that if they get to an interview, the interviewing consul will probably deny based on the wedding photos and him admitting they got married. The non legal non binding wedding with K1 works when you dont mention it. If they see anything that looks like a marriage, the K1 is off and the burden is on the petitioner to prove they arent married.

Chris

The consul cannot deny the visa based on information that was provided to the USCIS with the petition. If USCIS approves the petition with this information available, then it cannot be returned to them for further adjudication based on information that it already had during the original approval. The consulate doesn't deny the petition, they can only return it to USCIS recommending they readjudicate it based on new information that was not presented with the original application. There is a good chance that the USCIS will deny the petition. If they don't, it means they accept his declaration that the marriage was not legal and qualifies for K-1.

[Jeraly 4]

from USCIS point of view , it will be on them to prove they are NOT married for the K1 visa. That is no easy task when you send them wedding photos. How do you prove you are NOT registered??? try that one. It is not for USCIS to prove they are married.

They have an uphill battle and it would be easier to cancel the k1 which will in all likely hood be denied after how many months. They may as well get married again in april. The time to research and find the quickest way for her to come here was before they filed and included the wedding info.

Now they are stuck in damage control and its not going to be quick. The damage is done. Unfortunately she will not be entering the USA asap. They will get a notice of denial, or a RFE, or be put in AR for awhile. And in the end after all that if they get to an interview, the interviewing consul will probably deny based on the wedding photos and him admitting they got married. The non legal non binding wedding with K1 works when you dont mention it. If they see anything that looks like a marriage, the K1 is off and the burden is on the petitioner to prove they arent married.

Chris

The consul cannot deny the visa based on information that was provided to the USCIS with the petition. If USCIS approves the petition with this information available, then it cannot be returned to them for further adjudication based on information that it already had during the original approval. The consulate doesn't deny the petition, they can only return it to USCIS recommending they readjudicate it based on new information that was not presented with the original application. There is a good chance that the USCIS will deny the petition. If they don't, it means they accept his declaration that the marriage was not legal and qualifies for K-1.

So if you get a NOA2 then the Embassy can't deny you based on the evidence you initially sent the USCIS? I never knew that!

[john_and_marlene 162]

from USCIS point of view , it will be on them to prove they are NOT married for the K1 visa. That is no easy task when you send them wedding photos. How do you prove you are NOT registered??? try that one. It is not for USCIS to prove they are married.

They have an uphill battle and it would be easier to cancel the k1 which will in all likely hood be denied after how many months. They may as well get married again in april. The time to research and find the quickest way for her to come here was before they filed and included the wedding info.

Now they are stuck in damage control and its not going to be quick. The damage is done. Unfortunately she will not be entering the USA asap. They will get a notice of denial, or a RFE, or be put in AR for awhile. And in the end after all that if they get to an interview, the interviewing consul will probably deny based on the wedding photos and him admitting they got married. The non legal non binding wedding with K1 works when you dont mention it. If they see anything that looks like a marriage, the K1 is off and the burden is on the petitioner to prove they arent married.

Chris

The consul cannot deny the visa based on information that was provided to the USCIS with the petition. If USCIS approves the petition with this information available, then it cannot be returned to them for further adjudication based on information that it already had during the original approval. The consulate doesn't deny the petition, they can only return it to USCIS recommending they readjudicate it based on new information that was not presented with the original application. There is a good chance that the USCIS will deny the petition. If they don't, it means they accept his declaration that the marriage was not legal and qualifies for K-1.

So if you get a NOA2 then the Embassy can't deny you based on the evidence you initially sent the USCIS? I never knew that!

Now you know

[Jeraly 4]

*stops worrying so much about the wedding planner contract they sent with 11th Feb on as the date... has letter from wedding planner saying will postpone anyway but*

[maya62 7]

I feel your angst. We did a similar thing, although I knew before I filed the I-129F that it would be a mistake to mention our unofficial "celebration" at the petition phase. I then lived in fear that it would come up at the Consular phase, so I did everything I could to prepare my fiance for that. It did come up, and he got the visa by answering honestly and for reasons I'll detail below. Like you, there was no documentation whatsoever. In fact, our ceremony was performed by my husband's uncle, a shaman.

I actually made a little notebook in anticipation of a problem. In it I put:

-documentation of a phone call to the USCIS help line about which petition I should be filing (the IO I spoke with laughed at my story and said "just file the K-1")

-reference to a NOLO book about marriage-based immigration, which has a paragraph saying something to the effect that it is fine to have a non-legal ceremony if you are doing K-1 (which I think now is TERRIBLE advice, but it exists)

-copy of emails to/from a Nepali lawyer saying to file the K-1

-documentation of consultations with several US immigration attorneys (yes, I was freaking out)

-documentation of conversations my SO had with a Consulate-recommended lawyer in Nepal, the upshot of which was that, under Nepali law, without a Nepali marriage certificate, we were definitely NOT married... my fiance was asked about this at the time of the interview... he answered with the truth, and was granted the visa. DON'T LIE IF ASKED. This was the one thing that was the most helpful in overcoming our situation, in retrospect.

-copy of a past USCIS case decision (from India, I think!) relating to this very issue where a petition denial was overturned on appeal (I'll see if I can find it)

-anything else I could think of

You may get a denial from USCIS, in which case I imagine (someone correct me if I'm wrong) it would be easier to go ahead and get married and file for a spouse visa, rather than fight the denial.

It would be great if you would get an RFE instead, though, and I think you should prepare for that. One thing I would definitely do is hire an attorney in India who will review your situation and draft something for you outlining your status and the situation thoroughly, and saying that, in his/her legal opinion, you are not legally married under Indian law. If the Consulate you will be using will provide a list of attorneys they work with (Kathmandu did), choose one of them and be prepared to discuss the situation at the Consular interview phase (we did). If the Consulate does not have such a list, then choose a well-respected immigration law firm in the city of the Consulate you expect to use. And get the letter in time for an RFE response.

Good luck,

Maya

Edited February 1, 2008 by maya62

[maya62 7]

Here is a link to the appeals of USCIS petition denials:

http://www.uscis.gov/uscis-ext-templating/...errFrameset.jsp

Sorry, I don't remember which year I was looking at, and there's a whole bunch of them. They're interesting reading, though, imho. If I can remember, I'll check at home to see if I can give you more specific info so you can find the one I thought might've been helpful.

Good luck,

Maya

ETA: on that link, you have to choose "after 2000", then choose D6 (fiance/fiancee) from the list of petitions

Edited February 1, 2008 by maya62

[Imua 0]

I feel your angst. We did a similar thing, although I knew before I filed the I-129F that it would be a mistake to mention our unofficial "celebration" at the petition phase. I then lived in fear that it would come up at the Consular phase, so I did everything I could to prepare my fiance for that. It did come up, and he got the visa by answering honestly and for reasons I'll detail below. Like you, there was no documentation whatsoever. In fact, our ceremony was performed by my husband's uncle, a shaman.

I actually made a little notebook in anticipation of a problem. In it I put:

-documentation of a phone call to the USCIS help line about which petition I should be filing (the IO I spoke with laughed at my story and said "just file the K-1")

-reference to a NOLO book about marriage-based immigration, which has a paragraph saying something to the effect that it is fine to have a non-legal ceremony if you are doing K-1 (which I think now is TERRIBLE advice, but it exists)

-copy of emails to/from a Nepali lawyer saying to file the K-1

-documentation of consultations with several US immigration attorneys (yes, I was freaking out)

-documentation of conversations my SO had with a Consulate-recommended lawyer in Nepal, the upshot of which was that, under Nepali law, without a Nepali marriage certificate, we were definitely NOT married... my fiance was asked about this at the time of the interview... he answered with the truth, and was granted the visa. DON'T LIE IF ASKED. This was the one thing that was the most helpful in overcoming our situation, in retrospect.

-copy of a past USCIS case decision (from India, I think!) relating to this very issue where a petition denial was overturned on appeal (I'll see if I can find it)

-anything else I could think of

You may get a denial from USCIS, in which case I imagine (someone correct me if I'm wrong) it would be easier to go ahead and get married and file for a spouse visa, rather than fight the denial.

It would be great if you would get an RFE instead, though, and I think you should prepare for that. One thing I would definitely do is hire an attorney in India who will review your situation and draft something for you outlining your status and the situation thoroughly, and saying that, in his/her legal opinion, you are not legally married under Indian law. If the Consulate you will be using will provide a list of attorneys they work with (Kathmandu did), choose one of them and be prepared to discuss the situation at the Consular interview phase (we did). If the Consulate does not have such a list, then choose a well-respected immigration law firm in the city of the Consulate you expect to use. And get the letter in time for an RFE response.

Good luck,

Maya

Your husband's uncle is a Jhankri??? Cooool!!!!

[sauron 0]

I feel your angst. We did a similar thing, although I knew before I filed the I-129F that it would be a mistake to mention our unofficial "celebration" at the petition phase. I then lived in fear that it would come up at the Consular phase, so I did everything I could to prepare my fiance for that. It did come up, and he got the visa by answering honestly and for reasons I'll detail below. Like you, there was no documentation whatsoever. In fact, our ceremony was performed by my husband's uncle, a shaman.

I actually made a little notebook in anticipation of a problem. In it I put:

-documentation of a phone call to the USCIS help line about which petition I should be filing (the IO I spoke with laughed at my story and said "just file the K-1")

-reference to a NOLO book about marriage-based immigration, which has a paragraph saying something to the effect that it is fine to have a non-legal ceremony if you are doing K-1 (which I think now is TERRIBLE advice, but it exists)

-copy of emails to/from a Nepali lawyer saying to file the K-1

-documentation of consultations with several US immigration attorneys (yes, I was freaking out)

-documentation of conversations my SO had with a Consulate-recommended lawyer in Nepal, the upshot of which was that, under Nepali law, without a Nepali marriage certificate, we were definitely NOT married... my fiance was asked about this at the time of the interview... he answered with the truth, and was granted the visa. DON'T LIE IF ASKED. This was the one thing that was the most helpful in overcoming our situation, in retrospect.

-copy of a past USCIS case decision (from India, I think!) relating to this very issue where a petition denial was overturned on appeal (I'll see if I can find it)

-anything else I could think of

You may get a denial from USCIS, in which case I imagine (someone correct me if I'm wrong) it would be easier to go ahead and get married and file for a spouse visa, rather than fight the denial.

It would be great if you would

I feel your angst. We did a similar thing, although I knew before I filed the I-129F that it would be a mistake to mention our unofficial "celebration" at the petition phase. I then lived in fear that it would come up at the Consular phase, so I did everything I could to prepare my fiance for that. It did come up, and he got the visa by answering honestly and for reasons I'll detail below. Like you, there was no documentation whatsoever. In fact, our ceremony was performed by my husband's uncle, a shaman.

I actually made a little notebook in anticipation of a problem. In it I put:

-documentation of a phone call to the USCIS help line about which petition I should be filing (the IO I spoke with laughed at my story and said "just file the K-1")

-reference to a NOLO book about marriage-based immigration, which has a paragraph saying something to the effect that it is fine to have a non-legal ceremony if you are doing K-1 (which I think now is TERRIBLE advice, but it exists)

-copy of emails to/from a Nepali lawyer saying to file the K-1

-documentation of consultations with several US immigration attorneys (yes, I was freaking out)

-documentation of conversations my SO had with a Consulate-recommended lawyer in Nepal, the upshot of which was that, under Nepali law, without a Nepali marriage certificate, we were definitely NOT married... my fiance was asked about this at the time of the interview... he answered with the truth, and was granted the visa. DON'T LIE IF ASKED. This was the one thing that was the most helpful in overcoming our situation, in retrospect.

-copy of a past USCIS case decision (from India, I think!) relating to this very issue where a petition denial was overturned on appeal (I'll see if I can find it)

-anything else I could think of

You may get a denial from USCIS, in which case I imagine (someone correct me if I'm wrong) it would be easier to go ahead and get married and file for a spouse visa, rather than fight the denial.

It would be great if you would

I feel your angst. We did a similar thing, although I knew before I filed the I-129F that it would be a mistake to mention our unofficial "celebration" at the petition phase. I then lived in fear that it would come up at the Consular phase, so I did everything I could to prepare my fiance for that. It did come up, and he got the visa by answering honestly and for reasons I'll detail below. Like you, there was no documentation whatsoever. In fact, our ceremony was performed by my husband's uncle, a shaman.

I actually made a little notebook in anticipation of a problem. In it I put:

-documentation of a phone call to the USCIS help line about which petition I should be filing (the IO I spoke with laughed at my story and said "just file the K-1")

-reference to a NOLO book about marriage-based immigration, which has a paragraph saying something to the effect that it is fine to have a non-legal ceremony if you are doing K-1 (which I think now is TERRIBLE advice, but it exists)

-copy of emails to/from a Nepali lawyer saying to file the K-1

-documentation of consultations with several US immigration attorneys (yes, I was freaking out)

-documentation of conversations my SO had with a Consulate-recommended lawyer in Nepal, the upshot of which was that, under Nepali law, without a Nepali marriage certificate, we were definitely NOT married... my fiance was asked about this at the time of the interview... he answered with the truth, and was granted the visa. DON'T LIE IF ASKED. This was the one thing that was the most helpful in overcoming our situation, in retrospect.

-copy of a past USCIS case decision (from India, I think!) relating to this very issue where a petition denial was overturned on appeal (I'll see if I can find it)

-anything else I could think of

You may get a denial from USCIS, in which case I imagine (someone correct me if I'm wrong) it would be easier to go ahead and get married and file for a spouse visa, rather than fight the denial.

It would be great if you would