So, I think I screwed myself, Any hope? Religious Marriage

[pushbrk 13,072]

Found it... last time I tried to access it from a link I had saved, it didn't work, so here are the instructions:

Go to:

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

choose Administrative Decisions after August 1, 2000

choose D6 Fiancyes and Fiancys of US Citizen (K-1)

choose 2003

choose apr2203_01d6101.pdf

The critical paragraph (imho) is near the end:

It is concluded that, if the petitioner's marriage is not recognized for immigration purposes in order to have an immigrant visa petition approved, then the petitioner cannot be considered "married" for the purpose of denying a fiance(e) visa petition.

Maya

Unfortunately, the "cannot" refers to the judge of last resort, not to the ignorant Consular Officer. The goal would be to avoid a lengthy and costly appeals process.

[joelunchbox 0]

Someone please make me stop crying and tell me that my fiance visa will be approved, if my fiance finds out I caused this, he may explode. PLEASE HELP!!!! cray5ol.gif

Why would he explode..? It was an honest mistake.

Because he wanted to get a lawyer and I told him that I could do it myself.... and look what I did. He will say "See! that is why we needed a laywer!"

And the lawyer could have made the same exact mistake.

The only difference is that you are several thousand dollars ahead.

If he has the money--let him spend it on the visa.

If he doesn't, then he doesn't have a say.

Now, on a completely diferent tack---now is a super chance to get to know each other much better. If you can't talk calmly about this minor inconvenience...maybe the non-marriage was a lucky thing. Really, this is a chance to get to know each other.

Good luck!

[maya62 7]

OK... yeesh. Sorry... third post.

Here is the link (that I bet won't work, as in the past):

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

And here is how to get there the long way:

Go to www.uscis.gov

from the top, choose Laws & Regulations

choose Administrative Decisions

choose D6 (fiance/fiancee visas)

choose 2003 decisions

choose APR222003_01D6101.pdf

This is how to handle this situation THE LONG WAY, which is a good reason not to put yourself in this position to begin with, but it is possible the case decision may be helpful to someone who has gotten mired down in the system due to an unofficial marriage that is interpretted by USCIS as a "real" one.

Over and out...

Maya

[payxibka 10,047]

Unfortunately, the "cannot" refers to the judge of last resort, not to the ignorant Consular Officer. The goal would be to avoid a lengthy and costly appeals process.

If they would be so lucky to get that far.... Something about getting past the ignorant USCIS AO first..........

Edited September 8, 2008 by fwaguy

[blondie2713 0]

Maya

I am confused about what you wrote, could you explain what you meant. I don´t know what you are suggesting, that I should go through with it and see or start the process over. What does this mean? Break it down, I am blonde ya know. "I t is concluded that, if the petitioner's marriage is not recognized for immigration purposes in order to have an immigrant visa petition approved, then the petitioner cannot be considered "married" for the purpose of denying a fiance(e) visa petition."

[payxibka 10,047]

It is the "trickle" down theory...

If for a spousal visa petition you are ruled "ineligible" because the marriage is not recognized, then you cannot be denied the ability to file for a fiance(e) visa petition because they think you are married.

Either you are legally married and you petition for a sposal visa or you are not and you file a petition for a fiance(e) visa.

I do not think anyone is questioning your married or not married issue... the question is what will be the perception of the USCIS and how will they react and how long will it take for you to get them to reverse there decision if it is not the correct one.

Edited September 9, 2008 by fwaguy

[maya62 7]

Exactly what fwaguy said.

Definitely continue on the path you're on now. Hopefully, you will have smooth sailing.

I became concerned about our situation before applying, so I knew not to include photos of our celebration, but I still started a folder of documentation of who I talked to about this, and what they told me. I had a couple of emails from immigration attorneys, the name and date of my phone call to USCIS, stuff I had googled, and the name of the atty my husband talked to in Kathmandu, as well as the date of that visit. I also had a photocopy of a section of a NOLO book about family immigration which advises people (wrongly, I now think) that it is FINE to have religious-only celebration and still do K-1.

We never needed this folder, but I felt slightly more secure having it at the ready.

If you have a serious problem, however, I'd do some checking (here, for example) about the best next step. I don't think appealing is always the way to go (making the marriage legal and doing K3 may be faster).

Good luck,

Maya

[venusfire503 54]

Is there anything either of you can get to prove that you're technically/legally single? In Morocco, they have some kind of form (forget what it's called) that my sweetie had to get to prove that he was single and legally free to marry in order to get his K-1 visa. I had to send my divorce decree (USA) from my first marriage. I think they probably did some kind of search when we applied for our marriage license too. There might be some kind of paper that either or both of you can get that shows you are legally free to marry which would then show that you aren't already married.

Best of luck!

[blondie2713 0]

So I am checking into whether or not I can send additional info to be supplied in the 129 packet. Do any of you know if I can do the following? I want to send like a supplemental letter that explains specifically our situation and that we are only married in the church and that does not constitute as legal in either country and why we did it and why we havent married legally in Mexico. I want to be married in the US because that is where I was born and raised. I will try and find out if I can sumbit papers that state that him and I are still legally free to marry whomever we want. ANy info on if I can and how do I go about doing it. Just a letter in USCIS at CSC with his case number on it, or should I call an ask first. Because when I called and asked which form to fill out, they told me the 129f, soooooo...... should I really trust customer service? Thanks

[payxibka 10,047]

So I am checking into whether or not I can send additional info to be supplied in the 129 packet. Do any of you know if I can do the following? I want to send like a supplemental letter that explains specifically our situation and that we are only married in the church and that does not constitute as legal in either country and why we did it and why we havent married legally in Mexico. I want to be married in the US because that is where I was born and raised. I will try and find out if I can sumbit papers that state that him and I are still legally free to marry whomever we want. ANy info on if I can and how do I go about doing it. Just a letter in USCIS at CSC with his case number on it, or should I call an ask first. Because when I called and asked which form to fill out, they told me the 129f, soooooo...... should I really trust customer service? Thanks

The standard advice would be to wait for an RFE because there is no guarantee that your supplement will find your file. However, in your situation you may just want to try..... There is no USCIS form for this.

[Skyler 0]

It was an honest mistake, one that a lawyer could have made as well, since technically you qualify to file the I-129f and receive the K1 visa if you are not LEGALLY married. And many people think ¨what better evidence to prove that we have a relationship than wedding pictures?¨ It makes sense, until you read about how it can cause problems. Beside, from what I have read on this forum, many lawyers cause additional delays and problems for the filer, and are often an unnecessary expense. So don´t let your fiance give you a hard time

I think that the probelm some have had is that it may be difficult to PROVE that you are NOT legally married, so if you present photos of a wedding the consulate may say they can´t give you the visa with evidence that you are already married in the file unless you can prove you are unmarried.

I would suggest going forward with the process since you may not have any problems, be completely honest, and look for evidence to present in response to an RFE, or at the interview, that you are not legally married. Like the other poster suggested, Mexico may have a paper that you can get stating your husband is legally single. It´s great that you already stated the ceremony was not a legal one in your petition.

Just curious... Did you have any problems arranging the Catholic ceremony with a priest? Just curious, because my fiance and I both live down here in El Salvador and we wanted to do a Catholic ceremony too, before we move to the States, but we couldn´t find a church or a priest to do it cause they said according to The Bible you have to be married FIRST by ¨Man´s law¨ before you can be married by ¨God´s law.¨ Just in case the consulate asks about that you may want to have a letter from the priest or something explaining that he did the ceremony even though you were not legally married.

[Skyler 0]

It was an honest mistake, one that a lawyer could have made as well, since technically you qualify to file the I-129f and receive the K1 visa if you are not LEGALLY married. And many people think ¨what better evidence to prove that we have a relationship than wedding pictures?¨ It makes sense, until you read about how it can cause problems. Beside, from what I have read on this forum, many lawyers cause additional delays and problems for the filer, and are often an unnecessary expense. So don´t let your fiance give you a hard time

I think that the probelm some have had is that it may be difficult to PROVE that you are NOT legally married, so if you present photos of a wedding the consulate may say they can´t give you the visa with evidence that you are already married in the file unless you can prove you are unmarried.

I would suggest going forward with the process since you may not have any problems, be completely honest, and look for evidence to present in response to an RFE, or at the interview, that you are not legally married. Like the other poster suggested, Mexico may have a paper that you can get stating your husband is legally single. It´s great that you already stated the ceremony was not a legal one in your petition.

Just curious... Did you have any problems arranging the Catholic ceremony with a priest? Just curious, because my fiance and I both live down here in El Salvador and we wanted to do a Catholic ceremony too, before we move to the States, but we couldn´t find a church or a priest to do it cause they said according to The Bible you have to be married FIRST by ¨Man´s law¨ before you can be married by ¨God´s law.¨ Just in case the consulate asks about that you may want to have a letter from the priest or something explaining that he did the ceremony even though you were not legally married.

Oops, sorry, just realized I said ¨your husband¨ hehehe, I mean your fiance, of course, which is what all this drama is about anyway, he is NOT your husband yet. Sorry bout that.

[maya62 7]

So I am checking into whether or not I can send additional info to be supplied in the 129 packet. Do any of you know if I can do the following? I want to send like a supplemental letter that explains specifically our situation and that we are only married in the church and that does not constitute as legal in either country and why we did it and why we havent married legally in Mexico. I want to be married in the US because that is where I was born and raised. I will try and find out if I can sumbit papers that state that him and I are still legally free to marry whomever we want. ANy info on if I can and how do I go about doing it. Just a letter in USCIS at CSC with his case number on it, or should I call an ask first. Because when I called and asked which form to fill out, they told me the 129f, soooooo...... should I really trust customer service? Thanks

The standard advice would be to wait for an RFE because there is no guarantee that your supplement will find your file. However, in your situation you may just want to try..... There is no USCIS form for this.

I agree. I don't see how it can hurt to try offering more of an explanation in the off chance that it may get matched up with your existing file.

Did you submit one of these for each of you with your original I-129F?

http://www.visajourney.com/examples/Fiance...r_of_Intent.doc

The thing I would want to prevent is an outright denial of the petition.

I'd send a letter detailing your situation (including original Letters of Intent for both of you if you didn't send them with the original petition) by registered mail asap.

Maya

[blondie2713 0]

It was an honest mistake, one that a lawyer could have made as well, since technically you qualify to file the I-129f and receive the K1 visa if you are not LEGALLY married. And many people think ¨what better evidence to prove that we have a relationship than wedding pictures?¨ It makes sense, until you read about how it can cause problems. Beside, from what I have read on this forum, many lawyers cause additional delays and problems for the filer, and are often an unnecessary expense. So don´t let your fiance give you a hard time

I think that the probelm some have had is that it may be difficult to PROVE that you are NOT legally married, so if you present photos of a wedding the consulate may say they can´t give you the visa with evidence that you are already married in the file unless you can prove you are unmarried.

I would suggest going forward with the process since you may not have any problems, be completely honest, and look for evidence to present in response to an RFE, or at the interview, that you are not legally married. Like the other poster suggested, Mexico may have a paper that you can get stating your husband is legally single. It´s great that you already stated the ceremony was not a legal one in your petition.

Just curious... Did you have any problems arranging the Catholic ceremony with a priest? Just curious, because my fiance and I both live down here in El Salvador and we wanted to do a Catholic ceremony too, before we move to the States, but we couldn´t find a church or a priest to do it cause they said according to The Bible you have to be married FIRST by ¨Man´s law¨ before you can be married by ¨God´s law.¨ Just in case the consulate asks about that you may want to have a letter from the priest or something explaining that he did the ceremony even though you were not legally married.

So I am checking into whether or not I can send additional info to be supplied in the 129 packet. Do any of you know if I can do the following? I want to send like a supplemental letter that explains specifically our situation and that we are only married in the church and that does not constitute as legal in either country and why we did it and why we havent married legally in Mexico. I want to be married in the US because that is where I was born and raised. I will try and find out if I can sumbit papers that state that him and I are still legally free to marry whomever we want. ANy info on if I can and how do I go about doing it. Just a letter in USCIS at CSC with his case number on it, or should I call an ask first. Because when I called and asked which form to fill out, they told me the 129f, soooooo...... should I really trust customer service? Thanks

The standard advice would be to wait for an RFE because there is no guarantee that your supplement will find your file. However, in your situation you may just want to try..... There is no USCIS form for this.

I agree. I don't see how it can hurt to try offering more of an explanation in the off chance that it may get matched up with your existing file.

Did you submit one of these for each of you with your original I-129F?

http://www.visajourney.com/examples/Fiance...r_of_Intent.doc

The thing I would want to prevent is an outright denial of the petition.

I'd send a letter detailing your situation (including original Letters of Intent for both of you if you didn't send them with the original petition) by registered mail asap.

Maya

Maya

I did send our letters of intent and in mine I stated that we had been married religiously but the US nor Mexico recognizes this as legal so we are filing he fiance to allow my fiance/husband to come to the US so we can get married in the US. I have prepared a supplemental letter explaining this but I am not sure how to send it. And since we have not received our NOA2, we may still get RFE's, but I think its best to send it twice, rather than wait and hope for a RFE. I am looking into whether we can find a form that states my fiance is legally free to marry here in Mexico.

Skyler

Actually it was a hassel to get married in the church because I am Christian and he is Catholic. Mexico is extremely Catholic and the marjority of people are only married in the church and not civil because it is more important. I am trying to piece together all the information I can use for his appt day and trying to prep him as much as possible for questions. Its hard for him because I am the one taking care of evrything so he doesn't really know whats going on. I have heard of a case that was somewhat similar and they got a re-interview and accepted in three weeks of the denial from Mexico as recent as May, soooo even if something goes wrong, it sounds like we can take care of it quicker than other countries, esp since we know it's coming.

I have my letter already written so I will post it and you guys could critique it. Thanks again.

[Skyler 0]

Yes, I think it may cause a short delay, but if you have an example of the same thing happening at the same consulate in Mexico, and it was resolved and approved, I imagine the same thing would happen in your case. Good luck and keep us posted!! There is a Mexico, Latin American and Caribbean forum here on VJ, if your fiance speaks Spanish and wants to post some questions or just read others´ posts, he may find it helpful to feel more ¨In the loop¨.