My case k1 visa

[VSSKS 0]

Sab,

Have you called your congressman or senator?

[arwensun1965 0]

Sorry to read of your situation, this kind of thing happens alot in what they perceive as high fraud countries, it is not always fair to say the least but I hope you get it all settled soon. Best wishes.

Janice

[zyggy 9]

It helps to keep the country/consulate in mind when answering these questions, folks. This objection is extremely common in India. Engagement and marriage ceremonies can be identical (or nearly) in appearance... I think there is one fire dance that makes one type of ceremony into a marriage. Or, as in other countries, the ceremony is virtually the same, but whether or not it's a marriage depends on what gov't registration the family does. Sometimes you can't tell from just photos.

Before saying 'oh, they have no right' or 'they are idiots', it helps to have some info about the specific location.

But don't they have the right to have a religious/cultural wedding abroad so long as they don't get married under a foreign country's civil law i.e. with a marriage certificate? Let me know if I'm wrong, but I was under that impression. Or do cultural weddings in India count as civil ceremonies?

In India.. they do... A marriage does not need to be registered to be considered a legal and valid marriage... Only the ceremony needs to be perfromed... In this case, based on the dress of the individuals and what they were doing in the photos, the CO believes that it was a legal and binding marriage...

The fact is that people lie... Nothing against the OP, but you got caught in a set of circumstances through wihich you now have little control, due to the actions of others in the past who have tried to pass off their legally binding wedding ceremonies as just engagement ceremonies... If you don't want to wait forever, I would get married and file for a K3 or DCF...

From the Hindu Marriage Act of 1955

7. Ceremonies for a Hindu marriage – (1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

(2) Where such rites and ceremonies include the saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.

-AND-

8. Registration of Hindu marriages – (1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose.

(2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified, and where any such direction has been issued, any person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty-five rupees.

(3) All rules made under this section shall be laid before the State Legislature, as soon as may be, after they are made.

(4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar or payment to him of the prescribed fee.

(5) Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in no way be affected by the omission to make the entry.

Remember that it is not the responsibility of the CO to prove that you are married... it is the responsibility of the OP to prove they they are not... due to the rather loose way that a marriage may be legal and valid in India, that would be a very difficult thing to prove...

Edited May 16, 2006 by zyggy

[Yodrak 7]

Adele,

It seems that the consular officer did indeed have an understanding of the culture, and of the laws, of the country - a much better understanding than many of the people who have posted in this thread.

Yodrak

What on earth made the interviewer think it was a wedding?The obvious question that comes to mind here is did the interview have any understanding of your fiancee's culture at all????????? Hope you get this resolved soon because these sounds like utter nonsense!

Adele

[zyggy 9]

Adele,

It seems that the consular officer did indeed have an understanding of the culture, and of the laws, of the country - a much better understanding than many of the people who have posted in this thread.

Yodrak

What on earth made the interviewer think it was a wedding?The obvious question that comes to mind here is did the interview have any understanding of your fiancee's culture at all????????? Hope you get this resolved soon because these sounds like utter nonsense!

Adele

Absolutely... the CO had a very good understanding of what was going on and made the correct decision to investigate it further...

[motu 5]

I agree with meauxma - and I would advise all Indians never to use their engagement pictures - just take couple of your pictures together nothing more. I lived in India many years and attended many engagements and weddings including three of my sisters' - and EVEN I CAN'T TELL YOU IF A CEREMONY IS A WEDDING OR ENGAGEMENT unless someone tells me differently. Because they are extremely elaborate - anyone see Monsoon Wedding? I think the mistake people make is show them their engagement ceremony pictures - not a smart move no matter how much you love your 'bollywood type showcase' engagement. Good Luck

[Nikita2Charles 32]

Engagement in India can be quite elaborate, My best suggestion to anybody that's getting engaged from India, not to use snap shots of their engagement ceremony but more casual photos of the couple together.

As someone mentioned above both ceremony looks very similar, and it wasn't until a couple of months ago that the Indian govt is making it mandatory now for couple to register their wedding. Prior to that it was not required, as it's a mulit sectarian society with so many religion, the govt doesnt' sanction any particular religion as such you can get married then go have it registered with the govt, and also the certificate from the Hindu temple/ church is a binding documentation.

I wish you all the best, and hope everything get sorted out.

[sab 0]

What do they do in Administrative Processing by the way..

Never heard of that before in details

administrative processing is the finger prints taken and then sent it to US for verification and then they do something called "security clearance" in U.S after that it is sent back to the consulate.

[papatel 0]

What do they do in Administrative Processing by the way..

Never heard of that before in details

administrative processing is the finger prints taken and then sent it to US for verification and then they do something called "security clearance" in U.S after that it is sent back to the consulate.

oh k, so how is AP different from Administrative Review..are the two same things?

[MaryandMian 1]

No they are not the same.

I. ADMINISTRATIVE REVIEW

"Administrative Review" refers to a Consular Official placing the case "on hold" because the Visa Petitioner or Beneficiary FAILED TO PASS the security name check or background check, or because the Consulate or State Department or Homeland Security NEEDS TO INVESTIGATE some issue or matter in the case more closely. Cases placed into Administrative Review can ADD WEEKS OR EVEN MONTHS to processing time and final decision on visa issuance, typically in most cases AT LEAST 4 to 8 weeks additional time. Under current regulation, there is no right of appeal within State Department or Homeland Security for administrative review status. It is suggested that visa petitioners and beneficiaries keep track of the status of their case as best as possible, and secure, if possible, the reason or reasons their case has been placed into administrative review, which at least helps to relieve some anxiety during the waiting time.

ADMINISTRATIVE PROCESSING

Can be a field investigation to your home or job, they go and make sure marriages or relationships are valid and that the documents submitted are proper and to rule out fraud.

You can have AR and then AP as well during your processing and in either case a congressman or senator CANNOT help to expedite the cases. AP is also a black abyss without any details given. I know my husband was in it for almost 5 months and we could not find out any details other than saying we are in Administrative Processing.

Good luck.

Mary

Edited May 16, 2006 by mianishqsrose

[rebeccajo 14]

Oh, and also -- isn't it well within people's rights to have a cultural/religious wedding ceremony abroad anyway, so long as they don't marry under civil laws? Even if it WAS a wedding celebration, that consular officer couldn't prove it was a civil wedding.

They dont have to prove anything. Based on the interview whether it seems unfair or not....it is well within the conof's rights to deny or request further evidence etc if the evidence provided (hard copy and verbal)does not seem plausible to them. It is up to the applicant to proove one has a bonafide relationship and that there is no intent to fraud. Sad as it is.....this seems to happen a bit when it comes to engagement parties being percieved as weddings.

And it happens with more than just engagment parties and weddings. The CO can deny for most any reason they can justify within their minds....even simply by the demeanor of the beneficiary at the interview. For those of us who have been here a while, the poster Jaci springs to mind.

It's not about fair. It's just the way it is.

[Karen_L 1]

It helps to keep the country/consulate in mind when answering these questions, folks. This objection is extremely common in India. Engagement and marriage ceremonies can be identical (or nearly) in appearance... I think there is one fire dance that makes one type of ceremony into a marriage. Or, as in other countries, the ceremony is virtually the same, but whether or not it's a marriage depends on what gov't registration the family does. Sometimes you can't tell from just photos.

Before saying 'oh, they have no right' or 'they are idiots', it helps to have some info about the specific location.

But don't they have the right to have a religious/cultural wedding abroad so long as they don't get married under a foreign country's civil law i.e. with a marriage certificate? Let me know if I'm wrong, but I was under that impression. Or do cultural weddings in India count as civil ceremonies?

In India.. they do... A marriage does not need to be registered to be considered a legal and valid marriage... Only the ceremony needs to be perfromed... In this case, based on the dress of the individuals and what they were doing in the photos, the CO believes that it was a legal and binding marriage...

Ah, I see. so pretty much any photos from a party where the couple is wearing traditional clothing could be interpretted by the consular officer as a wedding ceremony? Wow. That seems like a dangerous possibility for people interviewing there.

I wonder if they could actually have a wedding ceremony now and try to apply for a K-3 visa afterward? I know it would be starting the process over, but maybe it's something to consider doing, if it's possible.

[iceyspots 0]

How would that work considering that the consulate now believes that their original petition was fraudulent?

[Haplo 0]

their idiots. if they wanted to get married. then they could have direct filed in inida and gotten here much faster. people's inablity to think is very common.

It helps to keep the country/consulate in mind when answering these questions, folks. This objection is extremely common in India. Engagement and marriage ceremonies can be identical (or nearly) in appearance... I think there is one fire dance that makes one type of ceremony into a marriage. Or, as in other countries, the ceremony is virtually the same, but whether or not it's a marriage depends on what gov't registration the family does. Sometimes you can't tell from just photos.

Before saying 'oh, they have no right' or 'they are idiots', it helps to have some info about the specific location.

But don't they have the right to have a religious/cultural wedding abroad so long as they don't get married under a foreign country's civil law i.e. with a marriage certificate? Let me know if I'm wrong, but I was under that impression. Or do cultural weddings in India count as civil ceremonies?

In India.. they do... A marriage does not need to be registered to be considered a legal and valid marriage... Only the ceremony needs to be perfromed... In this case, based on the dress of the individuals and what they were doing in the photos, the CO believes that it was a legal and binding marriage...

Ah, I see. so pretty much any photos from a party where the couple is wearing traditional clothing could be interpretted by the consular officer as a wedding ceremony? Wow. That seems like a dangerous possibility for people interviewing there.

I wonder if they could actually have a wedding ceremony now and try to apply for a K-3 visa afterward? I know it would be starting the process over, but maybe it's something to consider doing, if it's possible.

what is their riligion. that is a factor.

hell. kajol wore a green sari for her weddiong.

it is not like you have to wear red.

I am not from india, but i lived there when was 5 or so. Went to school there as well. I am fluent in language and know the culture decently as well.

[sukie175 0]

What on earth made the interviewer think it was a wedding?The obvious question that comes to mind here is did the interview have any understanding of your fiancee's culture at all????????? Hope you get this resolved soon because these sounds like utter nonsense!

Adele

This has happened before sadly and now there are a few of us VJ Vets who strongly advise people from certain countries not to submit their 'official' engagement pics. Sometimes these can appear like a wedding and if the USCIS thinks that, you are in trouble.