Complicated k1 process

[bruno. 4]

Thank you Bruno. I wasn't planning on mentioning anything, I just wanted to know what you guys thought. But you see, we applied for this visa back in february and started planning the wedding for the end of august (since thats when I was going to graduate from college) hoping that the visa would have been approved by then considering the timelines given at the USCIS website. I know that you are not supposed to legally get married before the visa is approved (which we didn't) but are people supposed to just wait for almost a year for this visa to be approved and THEN start planning a wedding? Which wouldn't even make sense considering I would have to enter the US on the K1 within 6 months of it being issued. I just don't understand what people that want to have a wedding at their home country are supposed to do. Get the K1, go the US get married and then after you are a permanent resident and can go back to your country you go back and have a wedding after you have been married for months? You know what I'm saying? What do they expect us to do?

Yes, I know it can be hard to plan since it's impossible to know when things will happen regarding immigration status. That's why we planned only the official wedding and we'll do the "party" part later. For now we only planned a big party in the US, but depending on how many people come from my family we might do another (less big) party in France too. I personally don't care of delaying the party but I understand it can be frustrating and a nightmare for planning.

I wish you the best for the visa

[SuperDuper! 230]

Uh, no. You should definitely not mention the wedding. And don't provide any pictures from it either. You're just asking for a denial trouble.

Fixxored.

Good luck to the OP.

[Brasil123 0]

Fixxored.

Good luck to the OP.

I don't think we will be denied because of this... as long as I can prove we didn't legally get married in Brasil. What reason could they possibly have to deny someone that had a wedding? What would they allege? Oh you shouldn't have had a wedding before having the visa? Why? It's not like it would make a difference at all if you think about it. There's really nothing against it on the K1 visa rules and requisites.

Thanks for your reply!

Edited September 18, 2010 by Brasil123

[kennym 275]

I don't think we will be denied because of this... as long as I can prove we didn't legally get married in Brasil. What reason could they possibly have to deny someone that had a wedding? What would they allege? Oh you shouldn't have had a wedding before having the visa? Why? It's not like it would make a difference at all if you think about it. There's really nothing against it on the K1 visa rules and requisites.

Thanks for your reply!

Your missing the part about you both need to be free to marry.. It is a requirement for the K1 Visa.. That means you cannot be married prior to recieving the K1 and entering the US on the K1 Visa.. So, if the Officer at your interview or any immigation officer simply "thinks" you're married, your K1 will be denied.. or you could be denied at POE (possibly). This is very serious stuff..

Be super careful not to jeopardize your chances of a succesful K1 Visa...

If this visa is important to you, you should understand the rules and be very concientious to ensure there is no appearance of anything to the contrary..

Edited September 18, 2010 by kennym

[Brasil123 0]

Your missing the part about you both need to be free to marry.. It is a requirement for the K1 Visa.. That means you cannot be married prior to recieving the K1 and entering the US on the K1 Visa.. So, if the Officer at your interview or any immigation officer simply "thinks" you're married, your K1 will be denied.. or you could be denied at POE (possibly). This is very serious stuff..

Be super careful not to jeopardize your chances of a succesful K1 Visa...

If this visa is important to you, you should understand the rules and be very concientious to ensure there is no appearance of anything to the contrary..

oh yes, I know what you mean. And of course this visa is important to me, we have been in a relationship for almost 6 years. It's just that, we are NOT married civilly... We are not lying to them, we are not doing anything wrong. We had a celebration, and that's all. They will ask if we are married, and the answer is no, because we aren't married, maybe married under God, but I don't think that matters to them. And of course I won't mention we had a ceremony. What matters is that we aren't married legally, which we are not.

And also, I'm sure it would be very easy to prove I am not legally married.

I know this is serious stuff, and I am taking this seriously, trust me. This is the man I have been dating since I was in high school! This visa not being approved it's not an option for us, and I don't see why it wouldn't be. It's not like our relationship is fraudulent.

Thank you so much for your reply and advice.

[PurpleSky 19]

Just to give you a little peace of mind: when the others are saying the visa could be denied they are speaking in terms of the K1 only. If for some reason the CO gets any feeling that you're married regardless of the legal ceremony taking place they will deny the K1 and advise you to file the CR1 which is the spousal visa. Just be very very careful about letting things slip and answer their questions very carefully. I've seen a couple recent cases where just because there were gifts exchanged at an engagement party the CO denied the K1 and advised that they refile with a spousal visa.

Don't mean to add any undue stress. Just want to help you to be well prepared.

[kennym 275]

oh yes, I know what you mean. And of course this visa is important to me, we have been in a relationship for almost 6 years. It's just that, we are NOT married civilly... We are not lying to them, we are not doing anything wrong. We had a celebration, and that's all. They will ask if we are married, and the answer is no, because we aren't married, maybe married under God, but I don't think that matters to them. And of course I won't mention we had a ceremony. What matters is that we aren't married legally, which we are not.

And also, I'm sure it would be very easy to prove I am not legally married.

I know this is serious stuff, and I am taking this seriously, trust me. This is the man I have been dating since I was in high school! This visa not being approved it's not an option for us, and I don't see why it wouldn't be. It's not like our relationship is fraudulent.

Thank you so much for your reply and advice.

Just be careful.

If you need to prove your not married, start thinking about how you're going to do that.. In my small way of thinking, I'm not sure it's possible to prove you're not married, especially in the interview.. You may feel the burden of proof that you are married is on them, but I wouldn't depend on that.. Once they make a judgement call, your gonna have a heck of time trying to convince them otherwise.. Just be prepared especially if you've submitted any evidence that might make them think you're married like photos of the ceremony, be prepared to fight your case at the interview...

My suggestion is to not give them any impression that you had a ceremony, or that you're married under god.. Let's face it, once the Counselor Officer makes up his mind, you're fighting an uphill battle..

[Gary and Alla 3,694]

Hello,

My fiance (USC) filed our case with USCIS back in February. After 5 and a half months, we had heard nothing and hadn't had a touch since a few weeks after the application was filed. Since we had heard nothing and 5 months had passed, we called them and they said we should hear from them within 60 days. A week later we got a RFE, they requested two passport style pictures of the petitioner (he had sent it with the original application, so perhaps they lost it or it got misplaced, we'll never know). We sent in the evidence a couple of weeks ago and we are just waiting to hear their decision.

The thing is, on August 21st we had a wedding back in Brazil, it was just a ceremony with our friends and family. We did NOT legally get married, we had the ceremony and are waiting for the visa so we can legally get married in the US. After the wedding we went to mexico on our honeymoon, and I came back to the US with him on vacation. I am waiting for the petition to be approved so I can go back to Brazil for this interview.

I think we were just unlucky that our process is taking so long. There is no reason for them not to approve it, as our relationship is very solid and we have concrete evidence or our 5 year relationship.

I want to know if you guys think that I should mention the wedding at the interview or not at all? Would that be looked down upon? Keep in mind that it was just a ceremony, it was NOT a civil wedding at all.

And plus, why do you think this could be taking so long? As I said, there is nothing shady about this relationship at all. I have been to the US numerous times and so has my fiance to Brazil. I was an exchange student in the US in high school and college and my fiance has a great job and is able to support a spouse.

Yeah, sure. Tell them all about your fake wedding at the fiancee visa interview, bring pictures to show how serious you are about your fake husband. Great idea, why didn't I think of that? Sheeeesh.

[Brasil123 0]

Yeah, sure. Tell them all about your fake wedding at the fiancee visa interview, bring pictures to show how serious you are about your fake husband. Great idea, why didn't I think of that? Sheeeesh.

fake wedding? you obviously didn't read everything that I said. either that or you are just really dense and missed the part where I said I would NOT mention it.

thanks for nothing and for the disgusting attitude.

Yeah, sure. Tell them all about your fake wedding at the fiancee visa interview, bring pictures to show how serious you are about your fake husband. Great idea, why didn't I think of that? Sheeeesh.

oh and by the way, you are rude.

[Brasil123 0]

Just to give you a little peace of mind: when the others are saying the visa could be denied they are speaking in terms of the K1 only. If for some reason the CO gets any feeling that you're married regardless of the legal ceremony taking place they will deny the K1 and advise you to file the CR1 which is the spousal visa. Just be very very careful about letting things slip and answer their questions very carefully. I've seen a couple recent cases where just because there were gifts exchanged at an engagement party the CO denied the K1 and advised that they refile with a spousal visa.

Don't mean to add any undue stress. Just want to help you to be well prepared.

Yes, I know what you mean. I didn't plan on mentioning anything.

Thank you very much for your advice.

Just be careful.

If you need to prove your not married, start thinking about how you're going to do that.. In my small way of thinking, I'm not sure it's possible to prove you're not married, especially in the interview.. You may feel the burden of proof that you are married is on them, but I wouldn't depend on that.. Once they make a judgement call, your gonna have a heck of time trying to convince them otherwise.. Just be prepared especially if you've submitted any evidence that might make them think you're married like photos of the ceremony, be prepared to fight your case at the interview...

My suggestion is to not give them any impression that you had a ceremony, or that you're married under god.. Let's face it, once the Counselor Officer makes up his mind, you're fighting an uphill battle..

Yes, I agree with you and I didn't plan on making it known that we had a ceremony.

Thanks for your advice.

[Caribbean Lady 3]

K1 is specifically for couples who are NOT married, depsite which type of marriages - under God, a pre-celebration, without a marriage certificate, anything, anything, anything, Anything that smells like a wedding is a marriage in the eyes on the CO.

[Brasil123 0]

K1 is specifically for couples who are NOT married, depsite which type of marriages - under God, a pre-celebration, without a marriage certificate, anything, anything, anything, Anything that smells like a wedding is a marriage in the eyes on the CO.

" Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place."

We both are.

REQUIREMENTS FOR K-1 VISA

You must be a U.S. citizen.

You have met your Fiancee in person within the previous two years.

Both you and your Fiancee are legally free to marry.

You meet certain minimum income requirement*.

Your Fiancee does not have a criminal record.

Your Fiancee has not violated U.S. immigration laws

check, check, check, check, check and check.

[kennym 275]

" Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place."

We both are.

REQUIREMENTS FOR K-1 VISA

You must be a U.S. citizen.

You have met your Fiancee in person within the previous two years.

Both you and your Fiancee are legally free to marry.

You meet certain minimum income requirement*.

Your Fiancee does not have a criminal record.

Your Fiancee has not violated U.S. immigration laws

check, check, check, check, check and check.

Great, You know those things to be true, and we beleive you, just make sure the CO believes you... I know how important this is and I know you feel the same way..

I'm hoping I'm nearing the end of my journey as well.. Just to give you an example, I've told my fiancee not to even joke about being husband an wife in front of her family friends and strangers.. We have worked hard to prepare ourselves for trick questions like,

"CO says: where does your husband work? fiancee says: I'm not married !! "

We're taking no chances...

Best wishes... I seriously hope it all works out without any complications for all of us...

Edited September 18, 2010 by kennym

[Brasil123 0]

Great, You know those things to be true, and we beleive you, just make sure the CO believes you... I know how important this is and I know you feel the same way..

I'm hoping I'm nearing the end of my journey as well.. Just to give you an example, I've told my fiancee not to even joke about being husband an wife in front of her family friends and strangers.. We have worked hard to prepare ourselves for trick questions like,

"CO says: where does your husband work? fiancee says: I'm not married !! "

We're taking no chances...

Best wishes... I seriously hope it all works out without any complications for all of us...

You make a great point. And I bet they will ask tricky questions like that!

Good luck!

[kennym 275]

You make a great point. And I bet they will ask tricky questions like that!

Good luck!

Yes, they will and they have.. People, from posts I've read here on these forums, have absolutely been denied for incorrectly responding to those kinds of questions as well as denied for having a fake wedding.. I believe Brasil is one of the Consulates thats kinda of dificult to deal with..

It's funny when people jump up and down about how much rights they have then they realize none of that stuff matters when they're facing a CO who's fixin to deny thier petition and they're wishing they had thought diferently at that point...

you and I both want to desperately be with our significant others. Sooo don't assume you can have any kind of ceremony and do anything that would jeopardize the petition.. If you feel they might say something due to some evidence you amy have submitted, then consider how your going to vigorously defend yourself and and look prepared to respond to any accusations durring the Interview.. I would begin gathering affidavits and any other evidence from relative showing those were simply a party for the benefit of your fiancee's family..

If they do eventually deny your petition, then you'll have no choice but to do a real ceremony and then apply for the spousal visa..

I considered doing the same thing for my fiancee last year.. But then realized it would've been a huge mistake...In my case. a wedding in Colombia was not an option.. They would not take my birth certificate. Colombia required a birth certificate that is no more than 90 days old.. That is next to impossible for me to get since I was born in Germany 46 years ago. So if I was stuck in that kind of situation, I would be in a real dilima with no way to petition for a fiancee and no way to get married... It would really ruin my day much less my life.

Good Luck...

Edited September 19, 2010 by kennym