Please sombody help with a K1 visa issue, URGENT!!!!

[Stinky Monkey 1]

What I find hard to understand is if you have to get married due to religous reasons before living together in the US, why you actually went down the K1 route in the first place.

[Shad and Dani 3]

Dani and I didn't get married in Bulgaria for this exact reason. It caused a lot of problems as her family was very disappointed. However, she could be BANNED from the US if we were caught lying. I would take the safe route!

[reeses16 8]

Don't wonder about "worst case scenario" in this instance. People have already posted that the worst case scenario is a lifetime ban from the US. You need to withdraw the K1 and cancel the interview.

[Gary and Alla 3,694]

Hi everybody,

I put my self in a situation thats very confusing. In November 2008, I filed for Fiance visa. In December 2008, i got an Islamic marriage in UAE in their court and its registered. after the Visa was approved and the interview appointment was set on May 31st 2009, I found out after talking to an immigration advisor that i have to withdraw my K1 visa and start K3 visa with I130 which takes alot of time to complete processing. Is there a possible way of fixing the situation without hiding the fact that I got married and get married again in US and without withdrawing the K1 visa? Did any one have a similar situation? Please advice as soon as possible.

I dont have much time to act and the interview is in alittle over a month due. i was thinking of just hiding the fact that we got married and show engagement evidence and hide the marriage evidence, but i am not really sure if they have a way to know if we are married and whats the chance that they would know and what would the consequences be? or just be honest to them at the day of the interview and tell them that we got married for religious reasons since she cannot move to US with me unless shes married first. and state that she s still single in the forms. I hate to take risk and things gets even worse later on.

i appreciate everybody's input.

No.

You are suggesting visa fraud. The consequences are denial/deportation and ban on ever receiving a visa. Will you enjoy living in overseas with your wife?

Best it to file for the CR-1. This is not at all confusing, the fiancee visa is for fiancees. You have no choice but to withdraw the fiancee visa, you do not have a fiancee and you are not eligible to get married. Obviously you did one action to comply with some sort of religious law and now have a problem with the consequences, why? If you did what was dictated by your beliefs, deal with it, file the CR-1 and wait. What do your religious beliefs say about visa fraud? It's OK?

[Gary and Alla 3,694]

What I find hard to understand is if you have to get married due to religous reasons before living together in the US, why you actually went down the K1 route in the first place.

Because it was faster. I always have a difficult ime with people who follow their "religious beliefs" but want to find a way not to endure the consquences. Why would you complain about doing what is dictated by your beliefs. Be proud, be strong, be patient and do what is right.

[Gary and Alla 3,694]

Thanks to everyone for your opinions, i now see no point in lying or hiding the truth from the embassy. I am quite convinced that i should withdraw the application and file K3 but my wife want to take the chance and try to go to the interview and tell them that we got relegious wedding but after we applied for fiance visa and we were only engaged at the time when we applied for the k1 visa and she will not lie about any fact.

In my opinion, that this will not work, i would think that they will reject the visa and tell her since we are married now we have to file for k3 visa and they will make her withdraw the K1 visa. but I am concerned about the worst case scenario, what the worse that could happen in the embassy, if she did the interview and never lied about any fact? is it just visa rejection? does it affect the K3 visa filing afterwards?

If you are honest about it, the visa will be denied and you can start over. There will be no "ban". The only point of this would be to pay the non-refundable visa fee of $131 and give you something to do on May 31st, if you can't think of anything else. They WILL deny the visa. It does not matter you were only engaged when you filed the petition, it is a petition, NOT a visa. Your visa has NOT been approved, your petition has been approved. She must be eligible for the visa when she applies for it at the interview. She is not, she is married and cannot be considered a "fiancee".

You can withdraw now and save yourself some trouble and $131.

[Gary and Alla 3,694]

Thanks to everyone for your opinions, i now see no point in lying or hiding the truth from the embassy. I am quite convinced that i should withdraw the application and file K3 but my wife want to take the chance and try to go to the interview and tell them that we got relegious wedding but after we applied for fiance visa and we were only engaged at the time when we applied for the k1 visa and she will not lie about any fact.

In my opinion, that this will not work, i would think that they will reject the visa and tell her since we are married now we have to file for k3 visa and they will make her withdraw the K1 visa. but I am concerned about the worst case scenario, what the worse that could happen in the embassy, if she did the interview and never lied about any fact? is it just visa rejection? does it affect the K3 visa filing afterwards?

Withdraw your K-1 and file for the CR-1 now and be five weeks ahead of the game. You could have done this in December and be almost done by now.

[macharara 0]

Nobody here is going to give you the "thumbs up" to do what you are contemplating... in fact it is a violation of the TOS to "Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method"

I am not asking anyone to give me any illegal advice, i was explaining my situation and trying different ways of fixing the problem in a legal way. and it seems the only legal way is to withdraw the K1 visa. does any one have an example letter to withdraw a K1 visa or form? and have a proper instuction to do k3 visa in an expedited way as much as possible.

[vny 0]

Thanks to everyone for your opinions, i now see no point in lying or hiding the truth from the embassy. I am quite convinced that i should withdraw the application and file K3 but my wife want to take the chance and try to go to the interview and tell them that we got relegious wedding but after we applied for fiance visa and we were only engaged at the time when we applied for the k1 visa and she will not lie about any fact.

In my opinion, that this will not work, i would think that they will reject the visa and tell her since we are married now we have to file for k3 visa and they will make her withdraw the K1 visa. but I am concerned about the worst case scenario, what the worse that could happen in the embassy, if she did the interview and never lied about any fact? is it just visa rejection? does it affect the K3 visa filing afterwards?

What you'll most likely want be filing is a petition that results in a CR1 visa, not a K3. K3 is all but obsolete. They will not issue a K1 visa to a married woman. No sense waisting any time trying or risking a finding of material misrepresentation.

Yes, you should file the I-130 for the CR-1, then when you get the NOA1, you can file the I-129F for a K3. But as I've seen in other posts, that may gain you about a month. Some have had their K3 interview scheduled, then get finalized for the CR-1 with interview scheduled about a month later.

Good luck...

[DanielParul 50]

Since you are from the UAE your case will most probably be put in AP and they will do various checks on you. It is very likely that the truth will come out during those checks. DO NOT LIE when it comes to immigration, the price you'll have to pay is not something you will have bargained for.

[Usui Takumi 1,562]

Crazy question....can you get the marriage annulled in time for the interview??? Because then legally it never happened. Its probably too late but might be worth a try?

[^KK^ 3]

Hi everybody,

I put my self in a situation thats very confusing. In November 2008, I filed for Fiance visa. In December 2008, i got an Islamic marriage in UAE in their court and its registered. after the Visa was approved and the interview appointment was set on May 31st 2009, I found out after talking to an immigration advisor that i have to withdraw my K1 visa and start K3 visa with I130 which takes alot of time to complete processing. Is there a possible way of fixing the situation without hiding the fact that I got married and get married again in US and without withdrawing the K1 visa? Did any one have a similar situation? Please advice as soon as possible.

I dont have much time to act and the interview is in alittle over a month due. i was thinking of just hiding the fact that we got married and show engagement evidence and hide the marriage evidence, but i am not really sure if they have a way to know if we are married and whats the chance that they would know and what would the consequences be? or just be honest to them at the day of the interview and tell them that we got married for religious reasons since she cannot move to US with me unless shes married first. and state that she s still single in the forms. I hate to take risk and things gets even worse later on.

i appreciate everybody's input.

There was a similar case in the news last year. The wife was from Japan and the Husband lived in Hawaii. They applied for K1, but got married before she came to the U.S. on the K1. When the fraudulent use of the K1 was discovered, she was deported and is now banned from ever coming back to the U.S. because of the material misrepresentation and fraudulent use of the K1 visa at the POE.

That's sad...I think so people don't even realize what they are doing.

[Ed+Cindy 1]

Crazy question....can you get the marriage annulled in time for the interview??? Because then legally it never happened. Its probably too late but might be worth a try?

This would be ideal, or even if you can get divorced in time for the interview.

That way, when you submitted the petition and have the interview, you both will be free and not married.

[Ellie-and-David 38]

Crazy question....can you get the marriage annulled in time for the interview??? Because then legally it never happened. Its probably too late but might be worth a try?

This would be ideal, or even if you can get divorced in time for the interview.

That way, when you submitted the petition and have the interview, you both will be free and not married.

Yup, but with a red flag that big the administrative processing it may incur might be only a fraction shorter than the time it would take to refile for the correct visa.

I'd refile, go for the CR-1 and not divorce the person I loved.

[Gary and Alla 3,694]

Crazy question....can you get the marriage annulled in time for the interview??? Because then legally it never happened. Its probably too late but might be worth a try?

This would be ideal, or even if you can get divorced in time for the interview.

That way, when you submitted the petition and have the interview, you both will be free and not married.

Unique idea but wrong. The moment they said "I do" the K-1 was null and void. Getting an annulment or divorce would simply make you eligible to file another I-129f. If either of the parties becomes ineligible during the process, the petition/visa would be cancelled. You cannot continue the processing of a visa which you are not eligible for. Again, doing this and going to the interview with this would be fraud.

Here is the simple truth. This couple made a conscious decision to get married to comply with some religious belief which they felt more important than the rules regarding the K-1 visa. OK, no problem. Live with your decision. If it is a matter of virtue, you could have slept on the sofa until you were married, if it is a matter of appeasing the family, fine. Whatever. You made your decision, now the consequences of that are a longer wait time to be together, should be a small price to pay (plus the loss of your $455 filing fee, but hey, it's only money) They will not expedite the case because you filed for the wrong petition, or because of your decisions.

I admire you following your religious/family beliefs.