Denied Fiance Visa, apply for Marriage Visa?

[hsingh661 1]

My Fiance and I are waiting for our interview for Fiance Visa while my friend's fiance got an interview last month and went to the interview in New Delhi. They asked for more evidence of their relationship and before they could submit the paperwork, embassy notified them that their Petition has expired and they need to reapply. Is it possible for him to go to India and accompany her fiance to the US Embassy in New Delhi and apply for visitor visa and tell them that he wants to marry her in US. He has all the paperwork, tax statements, bank statements, from the K1 petition.

He is already going to go there to marry her so he can apply for marriage visa which will take another year but wanted to know if there is a way for her to come to US before that. Any help is appreciated.

[TracyTN 237]

Puzzling because most consulates will extend the validity of the petition with little effort (or sometimes, new letters of intent from both parties re-affirming that they wish to marry). Are you sure they're not saying she needs to re-apply for the visa itself? I would get that clarified before going another route. Ask them if there's any way they can extend the validity of the petition, as many other consular posts do.

[Anh map 2,098]

Answer to your question is: No. I agree with TracyTN, they should get some clarification.

The request for additional evidence had a due date. Did they wait to long to submit the requested information?

[hsingh661 1]

Puzzling because most consulates will extend the validity of the petition with little effort (or sometimes, new letters of intent from both parties re-affirming that they wish to marry). Are you sure they're not saying she needs to re-apply for the visa itself? I would get that clarified before going another route. Ask them if there's any way they can extend the validity of the petition, as many other consular posts do.

They already said No. NVC also sent them a letter. They said to reapply for K1 or marriage visa. What are his options to have her been sooner than waiting a year for marriage visa?

Answer to your question is: No. I agree with TracyTN, they should get some clarification.

The request for additional evidence had a due date. Did they wait to long to submit the requested information?

Yes, they waited a little longer, the evidence reached them a day after the due date.

[Casprd 167]

Yes, they waited a little longer, the evidence reached them a day after the due date.

No real options other than to file a new petition. K1 or CR1. She can not come to the US as a visitor with the intention to marry. That could result in a 3 year ban. Even though it is frustrating to wait for another petition to go through, that is the best way to proceed. Frontload it with as much info as possible and explain upfront the delay in getting the additional evidence.

[Saddle Bronc 124]

My Fiance and I are waiting for our interview for Fiance Visa while my friend's fiance got an interview last month and went to the interview in New Delhi. They asked for more evidence of their relationship and before they could submit the paperwork, embassy notified them that their Petition has expired and they need to reapply. Is it possible for him to go to India and accompany her fiance to the US Embassy in New Delhi and apply for visitor visa and tell them that he wants to marry her in US. He has all the paperwork, tax statements, bank statements, from the K1 petition.

He is already going to go there to marry her so he can apply for marriage visa which will take another year but wanted to know if there is a way for her to come to US before that. Any help is appreciated.

bad idea there, almost certain to be rejected by CO. Better to do CR-1 and wait the time.

What are your friend's fiancee's quals? That may open another door (work visa to US, where he can marry her).

[TracyTN 237]

There is nothing illegal about coming to the US as a tourist and marrying.

The catch is to get them to issue you a visa for that purpose, and overcoming the idea that the alien fiance/e will not leave the US after the wedding.

[Saddle Bronc 124]

There is nothing illegal about coming to the US as a tourist and marrying.

True, but stating that specific purpose beforehand to a CO isn't exactly prudent.

The catch is to get them to issue you a visa for that purpose, and overcoming the idea that the alien fiance/e will not leave the US after the wedding.

Exactly, a rather hard catch and best avoided.

[hobokenworkingman 4]

My Fiance and I are waiting for our interview for Fiance Visa while my friend's fiance got an interview last month and went to the interview in New Delhi. They asked for more evidence of their relationship and before they could submit the paperwork, embassy notified them that their Petition has expired and they need to reapply. Is it possible for him to go to India and accompany her fiance to the US Embassy in New Delhi and apply for visitor visa and tell them that he wants to marry her in US. He has all the paperwork, tax statements, bank statements, from the K1 petition.

He is already going to go there to marry her so he can apply for marriage visa which will take another year but wanted to know if there is a way for her to come to US before that. Any help is appreciated.

as many of the folks here have said, just go to India and get married and then apply for the CR-1. I'm surprised that folks from Delhi are being told to apply for K1s. Delhi is the most heavily scrutinized embassy to begin with. K1s are also heavily scrutinized visa categories for the reason of high fraud. put the 2 of them togther and this is almost always going to get heavily scrutinized or denied. I know the issue here is the petition expiry, but 221gs are almost always issued for K1s and add'l evidence is always asked. CR-1s are not as prone to heavy scrutiny, although cases from Delhi are still highly scrutinized. I wish immigration lawyers stop telling folks going thru Delhi consulate to go the K1 route; just causes more harm then good.

anyway, i think this horse has been beat to death - just get married. if at all possible, can you stay in India and work remotely? if you're in IT, that may be possible. that way, you get married and can be with your wife till the paperwork gets sorted. you may be even able to direct consulate filing (DCF) in many cases. look into it.

wish you the best of luck...

[hsingh661 1]

as many of the folks here have said, just go to India and get married and then apply for the CR-1. I'm surprised that folks from Delhi are being told to apply for K1s. Delhi is the most heavily scrutinized embassy to begin with. K1s are also heavily scrutinized visa categories for the reason of high fraud. put the 2 of them togther and this is almost always going to get heavily scrutinized or denied. I know the issue here is the petition expiry, but 221gs are almost always issued for K1s and add'l evidence is always asked. CR-1s are not as prone to heavy scrutiny, although cases from Delhi are still highly scrutinized. I wish immigration lawyers stop telling folks going thru Delhi consulate to go the K1 route; just causes more harm then good.

anyway, i think this horse has been beat to death - just get married. if at all possible, can you stay in India and work remotely? if you're in IT, that may be possible. that way, you get married and can be with your wife till the paperwork gets sorted. you may be even able to direct consulate filing (DCF) in many cases. look into it.

wish you the best of luck...

My fiance is still waiting for the interview, lets see what happens. In case she is denied. I will go to India and conduct a court marriage and apply for CR1. I can only stay there for 2 to 3 weeks because of work. How long do you think it will take for her to get to US after I apply for CR1 from California? I plan on applying after coming back from India when I marry her.

[hobokenworkingman 4]

My fiance is still waiting for the interview, lets see what happens. In case she is denied. I will go to India and conduct a court marriage and apply for CR1. I can only stay there for 2 to 3 weeks because of work. How long do you think it will take for her to get to US after I apply for CR1 from California? I plan on applying after coming back from India when I marry her.

on average, 8 months - at least that's what it took my wife and myself (it says 241 days on average from I-130 NOA1 to interview as of today's immigration timeline, which would be on par with my timeline). we lost a lot of time upfront (as you can see from my sig timeline) at the uscis stage. our noa2 took 5 months and 10 days. then after that NVC to interview flew by in 3 months. at no stage, btw, did we ever have any RFEs or anything. so if you're lucky, you could be done in 6 (90 days to uscis noa2, let's say being optimistic). but I would prepare for 8 months.

I dont want to totally scare you - if everything looks in order and you dont have any red flags, then you could very well get it and be done w/ all this. so do pray for the best, just keep thinking your fiance will do just fine and will get the K1. All I'm trying to do is caution you to the downside of things and perhaps fill out all the paperwork (I-130 for example), in case things dont go as plans - just have contingency plans in place.

best of luck!

[TracyTN 237]

True, but stating that specific purpose beforehand to a CO isn't exactly prudent.

It isn't, but it doesn't necessarily mean the visa will be denied outright. Proving ties to home is key, and can be done easily - esp. if the applicant still owns real estate, has a job, etc etc.

Its better than lying, too - as such a misrep can bite you later.

[hsingh661 1]

on average, 8 months

In case they do deny. Is it possible for me to file for CR1 and then go to india and conduct a court marriage to save time? It will be at least 2 months after they deny before I can visit India again, if i can apply for CR1 before, I can save 2 months, is it possible?

[hsingh661 1]

you may be even able to direct consulate filing (DCF) in many cases. look into it.

What is direct consulate filing (DCF)? Can someone please explain and/or give me a link to read about it?

[hobokenworkingman 4]

In case they do deny. Is it possible for me to file for CR1 and then go to india and conduct a court marriage to save time? It will be at least 2 months after they deny before I can visit India again, if i can apply for CR1 before, I can save 2 months, is it possible?

Well as far as I know, you will have to wait for the denial of the K1 before filing for the Cr-1, OR you completely withdraw the K1 and then apply for CR-1. Obviously you're NOT going to do the latter. As I said before, dont get scared yet or panic. It is entirely possible that you WILL get the K1 and everything will be fine. Just make sure you have all your evidence lined up and that everything is rock solid - get all the pictures, affidavits, letters, emails and any other proof of relationship the 2 of you have had. If even after all they still deny, then of course you get married right away annd then file for CR-1. My suggestion, if you can swing it, is to actually be in India for the interview. you wont be entered in, but at least you can get married immediately if things dont work out. also it is for moral support and also serves as evidence of a relationship. harder for them to deny when your fiance says to the officer "my fiance is waiting right outside". just suggestions. speak it over w/ your family and fiance. like I keep saying, things are more likely to work out than not, so dont get scared. if you do want to prepare for the cr-1, just fill out the paperwork and keep it ready. best of luck!