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Filed: K-1 Visa Country: Sudan
Timeline
Posted

I just got my approval letter for fiance application. Now am appling for k1 visa but my problem is am aleardy married in my country back in 2006 and someone adise me to apply for fiance visa because its much faster to process and I did just that. my problem is i attached my married certificate with the fiance application , I don't know how my wife explain the this marriage certificate in the interview .

I would be very gratefull if some one help me on this .

regards,

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted (edited)

K1 is not for married people. CR1/IR1 or K3 is for married couples. You got the wrong advice.

The best visa for your circumstance is the IR1 as you have been married for two years already. Spouse gets a 10 year green card upon arrival.

With the K1 there are more steps, interviews, and more fees.

You need to withdraw the K1 petition and file for the IR1.

Edited by Anh map

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted

Did you apply for I-130 for her ot just I-129f

I-130/I129f

6/14/2008 Sent to Chicago lockboxt

6/18/2008 received by USCIS

6//27/2008 NOA1

8/14/2009 upgarded the I-130 to immedi Reltive

8/25/2009 send I-129F

9/2/2009 NOA1 for I-129f received

9/10/2009 sent expedite request.

9/16/2009 first Touch since 6/27/2008

9/16 129f and I-130 Approved

9/22 Hard copies received

9/23/2009 NVC received my I29f/K3 still waiting for the I130

9/24 I29f sent to embassy

10/05 NVC case number assigned to my I-130

10/7 received DS3032 and AOS email

10/7 Sent DS-3032 by email and mail.

10/7 paid AOS

10/9/2009 AOS sent

10/9/2009 expedite request accepted, login failed, case sent to the Eabassy

11/22/2009 Interview

11/24/2009 Visa issued

11/29/2009 arrived to the US.

Filed: IR-1/CR-1 Visa Country: Syria
Timeline
Posted

so you've been MARRIED since 2006, and someone advised you to file a FIANCEE visa? who would do that??

Timeline:

Sent in I-130 form: 01/29/09

Interview Date: 11/08/09 (APPROVED!)

Visa in Hand: 11/12/09

POE: 01/30/10 (!!!!) at JFK Airport in NYC... can't wait!

Got the green card maybe 8 weeks after 01/30/10...

TBC....

======================================================================

Posted (edited)
just I-129f

You will need to call USCIS and Cancel your I-129f application and start I-130.

Edited by so2008

I-130/I129f

6/14/2008 Sent to Chicago lockboxt

6/18/2008 received by USCIS

6//27/2008 NOA1

8/14/2009 upgarded the I-130 to immedi Reltive

8/25/2009 send I-129F

9/2/2009 NOA1 for I-129f received

9/10/2009 sent expedite request.

9/16/2009 first Touch since 6/27/2008

9/16 129f and I-130 Approved

9/22 Hard copies received

9/23/2009 NVC received my I29f/K3 still waiting for the I130

9/24 I29f sent to embassy

10/05 NVC case number assigned to my I-130

10/7 received DS3032 and AOS email

10/7 Sent DS-3032 by email and mail.

10/7 paid AOS

10/9/2009 AOS sent

10/9/2009 expedite request accepted, login failed, case sent to the Eabassy

11/22/2009 Interview

11/24/2009 Visa issued

11/29/2009 arrived to the US.

Posted
I am not sure she can explain it... If she is legally married to you then she is not eligible for a fiance(e) visa. Plain and simple.

K1 is not for married people. CR1/IR1 or K3 is for married couples. You got the wrong advice.

The best visa for your circumstance is the IR1 as you have been married for two years already. Spouse gets a 10 year green card upon arrival.

With the K1 there are more steps, interviews, and more fees.

You need to withdraw the K1 petition and file for the IR1.

so you've been MARRIED since 2006, and someone advised you to file a FIANCEE visa? who would do that??

just I-129f

You will need to call USCIS and Cancel your I-129f application and start I-130.

More very pertinent facts on the OP's situation in this thread: http://www.visajourney.com/forums/index.php?showtopic=214100

The OP and his spouse were married by proxy and have not consummated the marriage. They are not legally married under US law, regardless of whether their marriage is recognized under the law of any other country. They are ineligible for the IR-1/CR-1.

Nevertheless, there will be some serious explaining to do at the interview. That said, the consulate in Sudan is probably familiar with proxy marriage and its standing under US law, so he may still be okay. If it were me, I'd send my SO a letter explaining the situation to take to her interview.

And, in a case this complicated, a lawyer is probably a wise investment.

Improved USCIS Form G-325A (Biographic Information)

Form field input font changed to allow entry of dates in the specified format and to provide more space for addresses and employment history. This is the 6/12/09 version of the form; the current version is 8/8/11, but previous versions are accepted per the USCIS forms page.

Posted
You will need to call USCIS and Cancel your I-129f application and start I-130.

yep

:rolleyes: Nope.

Unconsummated proxy marriage is not recognized under US law. Their I-129F was approved.

Improved USCIS Form G-325A (Biographic Information)

Form field input font changed to allow entry of dates in the specified format and to provide more space for addresses and employment history. This is the 6/12/09 version of the form; the current version is 8/8/11, but previous versions are accepted per the USCIS forms page.

Filed: AOS (apr) Country: Jordan
Timeline
Posted

Yes, the key is that it was a proxy marriage. You havent made any visits to her since '06? If that is the case then... I think its wise advise to write a letter for your wife to bring to the interview. If you have made visits and have seen her, then you probably will have issues at the consulate since you would have a hard time proving it wasnt consumated during one of those trips.

"you fondle my trigger then you blame my gun"

Timeline: 13 month long journey from filing to visa in hand

If you were lucky and got an approval and reunion with your loved one rather quickly; Please refrain from telling people who waited 6+ months just to get out of a service center to "chill out" or to "stop whining" It's insensitive,and unecessary. Once you walk a mile in their shoes you will understand and be heard.

Thanks!

Posted
Yes, the key is that it was a proxy marriage. You havent made any visits to her since '06? If that is the case then... I think its wise advise to write a letter for your wife to bring to the interview. If you have made visits and have seen her, then you probably will have issues at the consulate since you would have a hard time proving it wasnt consumated during one of those trips.

The OP says in his other thread (http://www.visajourney.com/forums/index.php?showtopic=214100) that he hasn't been back to Sudan since 2001.

But I agree: they probably will have to address that issue (among others) at the consular interview.

Improved USCIS Form G-325A (Biographic Information)

Form field input font changed to allow entry of dates in the specified format and to provide more space for addresses and employment history. This is the 6/12/09 version of the form; the current version is 8/8/11, but previous versions are accepted per the USCIS forms page.

 
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