double process!!!!!

[leonardo1267 0]

Most definitely this is grounds for deportation because once they were married they invalidate the K1 visa. Just because no one knows about it doesn't mean it is valid. So they entered the country illegally first, and second, when they were "called back" to get the visa, it was their duty to inform the Embassy that they had married, in fact this should have been done when the I-130 was filed.

On our site dedicated to Dominican immigration, we are fortunate to have the chief Consul from the Embassy answer questions. We had several members get married when the ling waiting list existed for the DR, and he left us know that if the Consulate was informed, they would let them interview for the I-130 at their original K1 appt if the I-130 had been approved by USICS. Of course this wasn't the case here, but I wanted to throw that out there so that people going through the process in the DR would know that they CAN marry if they have a K1 pending, but it does void the K1 and they should let the Consulate know. Since there is no longer a two year wait for interviews, this has not been an issue with any recent K1s.

First of all, it is not my case, the case is a friend of mine that just came to USA. and i got the latest about this, they were told by a lawyer that all they have to do is write to the immigration authorities and cancel the K3 petition and continue with the marry plans in the USA. he says there is nothing ilegally with marrying you husband 2 or 3 times. so you may be able to marry in DR and USA also and that is legal because is the same person. he said that once the K3 is canceled, marry and fill out the adjusment of status and that will be it.

[rebeccajo 14]

Leonardo -

Is it your case or not?

Are you foreign born or a USC (as your previous posts imply)?

Do you have children or not (as your previous posts imply)?

Did you have a fiance who arrived in the US in 2006 (as your previous posts imply)?

I'm not sure exactly who you are, but I'm done posting in your thread.

[Krikit 1,165]

First of all, it is not my case, the case is a friend of mine that just came to USA. and i got the latest about this, they were told by a lawyer that all they have to do is write to the immigration authorities and cancel the K3 petition and continue with the marry plans in the USA. he says there is nothing ilegally with marrying you husband 2 or 3 times. so you may be able to marry in DR and USA also and that is legal because is the same person. he said that once the K3 is canceled, marry and fill out the adjusment of status and that will be it.

When your original post is written in first person narrative you should expect that people will respond accordingly.

The legal advice your 'friend' received is, to put it mildly, interesting. I suppose they could try that approach and risk a permanent lifetime ban. But one would have to assume that the database and processes USCIS employs does not use a script to flag potential abuses of the system. With all the security checks in place, I have a suspicion that it may not be as easy as it sounds.

[Krikit 1,165]

Leonardo -

Is it your case or not?

Are you foreign born or a USC (as your previous posts imply)?

Do you have children or not (as your previous posts imply)?

Did you have a fiance who arrived in the US in 2006 (as your previous posts imply)?

I'm not sure exactly who you are, but I'm done posting in your thread.

I'm pretty curious as to how you get to member status on only 8 posts when it requires 30.

[rebeccajo 14]

Leonardo -

Is it your case or not?

Are you foreign born or a USC (as your previous posts imply)?

Do you have children or not (as your previous posts imply)?

Did you have a fiance who arrived in the US in 2006 (as your previous posts imply)?

I'm not sure exactly who you are, but I'm done posting in your thread.

I'm pretty curious as to how you get to member status on only 8 posts when it requires 30.

Leonardo is a member since 2004. If they had posts prior to the site crash (I forget exactly when that happened), those aren't showing up.

[Krikit 1,165]

Leonardo is a member since 2004. If they had posts prior to the site crash (I forget exactly when that happened), those aren't showing up.

Ahh. I was wondering if that had anything to do with it. Thanks.

[~Laura and Nick~ 5]

First of all, it is not my case, the case is a friend of mine that just came to USA. and i got the latest about this, they were told by a lawyer that all they have to do is write to the immigration authorities and cancel the K3 petition and continue with the marry plans in the USA. he says there is nothing ilegally with marrying you husband 2 or 3 times. so you may be able to marry in DR and USA also and that is legal because is the same person. he said that once the K3 is canceled, marry and fill out the adjusment of status and that will be it.

Not your case now you say?

But yet you wrote..."My Fiance", "Our Case", "We married", etc. etc. etc.

I'm not buying it.

It is illegal. You got married and entered on a visa that was for NON MARRIED couples. You misrepresented yourself on two occasions that we know of, at the embassy when you picked up the visa and at POE, who knows if there are any others.

You entered using a visa which clearly is for non-married couples on a void visa because you are married! You had to, at one point or another, lie to Officers at the embassy and POE. What you have done is fraud.

Do you think by getting married in the U.S. and simply filing for AOS you erase the previous time you wed, plus the fact that you mailed in your marriage certificate to the USCIS proving that marriage occurred? You can't simply erase that.

Why am I wasting my time here? Your previous posts don't make sense either.

I'm also done.

[~Laura and Nick~ 5]

Hmmmm now it's a K3, before it was a K1, big difference. If it was a K3 there is no issue because they would have had to be married anyway. I'm really confused at this point.

The Low down:

They filed for a K1 like 3 years ago (according to the OP)

They were in Administrative Processing for 3 years.

So, instead of waiting, they got married and filed for a K3, not telling the Embassy or the USCIS, they didn't inform anyone that they still had a K1 visa under review.

So then, hi...the embassy calls "Come get your K1 visa, we have processed it, you are good to go".

They go the embassy, say NOTHING of how they got married or filed for a K3 and accept the K1 visa, Fraud #1.

Then they entered the U.S., where at the POE they would have had to lie because they were entering on a K1, which would have been void because they were married, lied when asked statements of when they were getting married, etc. etc. etc. Fraud #2.

Now they are stating that a lawyer is saying it's fine, go ahead and get married again, who cares about the K3 or the fact you are already married and in fact, it's not really even the OP's situation, it's "a friends".

Edited May 9, 2008 by ~Laura and Nick~

[william_wallace 8]

Strange...................but true

[Sylvia_n_Joseph 3]

Maybe their AOS interview will turn into a deportation hearing. I would think continueing the lie just adds the problem. Especially with all the activity on here about it. They entered wrongly, you can't just autoconvert a k1 to a k3. How many people here have horror stories about getting married out of country and having their k1 yanked. She is currently here illegally. The K1 is for UNMARRIED people to come here to marry here. It is not for married people to come here and remarry ( I guess that would be a k3 ) And we know how badly lawers advise sometimes.

[eric_and_teresa 10]

First of all, it is not my case, the case is a friend of mine that just came to USA. and i got the latest about this, they were told by a lawyer that all they have to do is write to the immigration authorities and cancel the K3 petition and continue with the marry plans in the USA. he says there is nothing ilegally with marrying you husband 2 or 3 times. so you may be able to marry in DR and USA also and that is legal because is the same person. he said that once the K3 is canceled, marry and fill out the adjusment of status and that will be it.

Not true. A marriage that was celebrated with all the legalities and registered in another country it is also recognized in the U.S.(and worldwide) as a valid marriage. One of the requirements to get married in the U.S. (and elsewhere) is to be legally able to get married, being legally able to get married means that the persons entering the marriage are FREE to do so (they are both single and have the required age). Your friends current civil status is not SINGLE is MARRIED, even if they are marrying the same person, they can't married again because they are not legally able to do so. The civil status of the person will "follow" the person wherever he/she goes.

They might get away with it, as the marriage in DR is not registered in the U.S. but getting away with something like this does not mean its legal.

Your friends situation is already critical. For the life of me, I just can't understand how they could be so "naive" to receive and use the K-1 when they were well aware, they no longer qualified to use it. The worst thing they could do, is something as stupid as getting married again and try to "twist" the system again. Two wrongs don't make a right.

Edited May 9, 2008 by eric_and_teresa

[Sinergy 3]

i dunno maybe its just me, but if you read the paperwork it tells you what is lawful and what it not.

Therefore filing a K-1 visa and then not having the patience for it so going ahead and getting married, then turning around and snatching the K-1 visa without a word of getting married (knew was in trouble from that) was a bit of not wanting to wait for the k-3 to go thru. I mean, youd have to then file for k-3 since married, and instead of waiting for THAT one and being honest about the marriage when called for the k-1, they just kept shut and went about to the POE. Now, if banned for visa fraud, the OP just brought on more heartache than waiting 3 yrs for the k-1.

I feel no remorse, i read every paper completely and did everything by the law, bc the last thing i wanted was to lose my husband to anything unlawful in our process.

This is what happens when you try to take the short cut way. The k-1 clearly states, YOU MUST NOT BE MARRIED, A FIANCE VISA!

if you turn around and get married while waiting, and then take the k-1, FIANCE visa, wow, not something id want to dream of doing.

Edited May 9, 2008 by Sinergy

[payxibka 10,047]

........... i read every paper completely ...............

Now if you would just apply the same amount of due diligence with that other governemnt agency (IRS)

[Sinergy 3]

........... i read every paper completely ...............

Now if you would just apply the same amount of due diligence with that other governemnt agency (IRS)

I know!!!!

[Rob & Jin 0]

what a CF

I think your only solution really is to voluntarily leave, do not attempt AOS.

Let your k-3 progress it will more than likey be denied for "material misrepresentation" hopefully they will allow you a chance of a waiver.

Sorry you are in this mess, in a way I can understand why you did it, but unfortunatly you have put yourself in a world of troubles by doing so.