K1 rejected at Chennai Consulate,

[Rama 0]

Hello everyone, I am new member to VJ

We applied for 1-129F @ California service center on December 18, 08 and got the interview date for June 26, 2008 for K1 visa @ Chennai consulate. In my case my fiancée is pregnant. After three people interviewed and grilled her and a long wait from 8:am to 5:pm (9HOURS) they made her sign a sworn statement stating that we are already married and that she is withdrawing the K1 petition. CO issued a white 221G form stating the file will be sent back to USCIS for the final disposition.

Prior to applying I-129F we had a religious wedding ceremony in India but we never did a legal nor registered marriage. We did not provide any of those photos in the original application nor at the time of the interview. I think they had suspected that we were married because of the pregnancy.

Can you please let me know what to expect next?

Did we commit a fraud?

Will USCIS send me any letter? And if they do, what should I expect to see on it?

Should we wait to hear something from USCIS, about their final disposition, before applying for K3 (1-130)?

Is applying K3 the only option left?

What should I expect at the K-3 interview in reference to the k1 denial?

How long you think is the wait for the K-3 interview if applied today

any advice you can give will be greatly appreciated!

Thanks!

[AandLKC 1]

post this question on the CR1 form ....... i don't know the next step ..but somebody will in that form

[wifetobe 2]

post this question on the CR1 form ....... i don't know the next step ..but somebody will in that form

Why repost in the CR1 forum if they are not married? That doesn't make sense.

To the OP unfortunately once the petition is sent back to the US there's nothing you can do to avoid the final disposition. Was she given a clear firm reason as to why she was denied? It sounds as though you are making an assumption with regards to her being pregnant. Being pregnant has nothing to do with suspicions of being married... did your fiancé already sign the statement regarding the withdrawal of the petition?

[DanielParul 50]

Actually in India being pergnant would be a BIG red flag if someone applied for a K1. Not my opinion but just the way it is. Also it is not mandatory for a marriage to be registered and most people only have a religious ceremony, which you did. Did your fiancee admit to having a religious ceremony? In which case the K1 petition is invalid.

Correct me if I am wrong...

[pushbrk 12,764]

Actually in India being pergnant would be a BIG red flag if someone applied for a K1. Not my opinion but just the way it is. Also it is not mandatory for a marriage to be registered and most people only have a religious ceremony, which you did. Did your fiancee admit to having a religious ceremony? In which case the K1 petition is invalid.

Correct me if I am wrong...

This is India. If it is customary to consider religious ceremonies as "married" even without registration, then the combination of "married" and "pregnant" would have come out in the questioning.

The Consular officers did you a favor by having her withdraw her application. Now you withdraw your fiance petition.

The next step is to register the marriage. It's kind of a Catch 22. She may have been rejected for having a religious marriage ceremony but for a spouse visa, she'd be rejected for not having registered the marriage. In this case USCIS would deny the petition.

Legally marry and obtain the needed marriage certificate an translation, then file an I-130 for your wife.