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Filed: Other Timeline
Posted

The problem is this Bill. You may be technically in the right, but if a USCIS adjudicator thinks you are indeed married, then he or she may deny your petition. Of course you can appeal and eventually fight your way through the system, as you are technically correct, but what most people here are telling you is how to prevent your petition from being denied and having to go through the appeal process.

I agree with you in part. As long as your ceremony did NOT confer legal marriage status for you and your SO in Thailand, you are technically OK to petition for the K-1 visa. However, where I disagree with you is sending in photos of your ceremony and telling USCIS of the fact that you had a ceremony in Thailand. That will ONLY cause concern and confusion for the adjudicator. There is a balance USCIS has to strike. On the one had, they want to make sure the petitioners are genuine and sincere USCs wanting to get married to foreigners. On the other hand, for K-1 visa petitions, they also have to make sure the beneficiary is single and NOT already married to a USC. In offering USCIS photos of your ceremony, you may think you're being sincere and showing USCIS the authenticity of your relationship, but the USCIS adjudicating officer may interpret the photos as being actual wedding photos and may presume you're already married and thus will be forced to deny your K-1 petition. The whole point of all these suggestions is to NOT give the USCIS adjudicating officer any grounds to believe that you're already married and thus having to deny your petition.

You may very well pass through this entire process without a problem, but I suspect you've added more problems rather than reduced them by doing it the way you did. In the end, you're the petitioner and you'll do it the way you want to do it, no matter what others suggest.

Good luck and I hope it works out for you in the end.

Here is a quote from a webpage on marriage in Thailand, (there are several that all say the same thing):

---QUOTE---

Registration of marriage in Thailand can only be done at a District Office (\"amphur\"), which is similar to a town hall back home. Please note that a marriage ceremony performed in a church, or in a temple, or a ceremony at home with monks attending the wedding is not legally binding in Thailand, - and therefore not legally binding in your country either.

In order for a foreign citizen to register marriage in Thailand, the Thai authorities request that your Embassy issue a certificate in English and in Thai, which confirms your name, nationality, passport number, issuing passport authority, address in home country, employer, position, and salary. Furthermore, names and age of children from previous relationships, if any. And finally, names and addresses of 2 contact persons (references) in your country, who are not family members.

---END QUOTE---

Having a ceremony in Thailand does not constitute a legal marriage. I will be very surprised if I have any problems at all with what I am planning to do. But again, We'll see - they have my RFE, so we'll see what they do with it.

I have read other peoples posts on this forum that did exactly what I plan to do and had no problems at all, and I don't expect any. I have not felt any need to lie to USCIS, and I certainly don't want to deny my fiance's family the privelage of attending a ceremony for my fiance.

Bill

AOS I-485

07/10/07 - Sent I-485 via USPS Priority Mail to Chicago Lockbox

07/23/07 - Received NOA1 in my home mailbox

08/13/07 - Received ASC Biometrics Appointment Letter in my home mailbox

08/31/07 - USCIS mailed out Appointment letter with Postmark Date 8/31/07

09/04/07 - Received actual Appointment Letter (Interivew Date 10/30/07)

09/06/07 - Completed Biometrics Appointment at local ASC

10/30/07 - Scheduled AOS Interview Appointment - Approved

I-751

08/13/09 - Sent I-751 to CSC

08/17/09 - Receipt date of NOA

09/16/09 - Biometrics

09/17/09 - "Touched"

12/15/09 - Card production ordered

12/17/09 - Approval notice sent

12/21/09 - Received 10-Year GC and Welcome Letter

N-400

08/16/10 - Sent N-400 to AZ Lockbox via USPS First Class Mail with Delivery Confirmation

08/18/10 - USPS Confirms delivery: August 18, 2010, 9:57 am, PHOENIX, AZ 85036

08/24/10 - Check #501 for $675 cleared my account @ 11:20 pm EDT

08/27/10 - Received NOA dated 8/23/10 with a Priority date of 8/18/10

09/07/10 - Received Biometric RFE dated 9/3/10 -- Fingerprint apt. schedule 10/1/10

10/01/10 - Fingerprint Appointment-- Completed

10/09/10 - Received Interview Appointment Letter dated 10/6/10 for scheduled interview on 11/09/10

11/09/10 - Interview Passed

11/18/10 - Oath Ceremony

Filed: Timeline
Posted
However, where I disagree with you is sending in photos of your ceremony and telling USCIS of the fact that you had a ceremony in Thailand. That will ONLY cause concern and confusion for the adjudicator.

You may very well pass through this entire process without a problem, but I suspect you've added more problems rather than reduced them by doing it the way you did.

:yes:

Filed: K-1 Visa Country: Poland
Timeline
Posted

ummmmmm... you should be ok with many other pictures. I don't think you need to paint the picture black so to speak. You don't want to make it seem like you are already married!!!! so pick some other pics! ya mean!!

06/30/06- sent I-129F petition to VSC.

07/11/06- NOA1 (received in mail)

07/19/06- RFE received in mail, IMBRA

07/28/06- e-mail, IMBRA RFE received at VSC

09/11/06- called VSC, told I'm with an adjudicating officer

09/25/06- called VSC, told to file expedited service, outside 60 days of RFE received date

09/26/06- sent expedited service request to VSC via fax and snail mail

09/26/06- Senators and Congressman making inquiries into my petition

09/29/06- expedited service request approved by VSC director

10/04/06- e-mail NOA2 approved!!!!!!

10/05/06- NVC received

10/06/06- NVC forwarded to Poland Embassy

10/16/06- Packet #3 received

10/17/06- Packet #3 sent to US Embassy Warsaw

10/30/06- Packet #4 received

10/30/06- Interview scheduled for November 22nd!!!

11/30/06- Visa in hand, via DHL!!!!

12/05/06- Ania and I arrive together in the USA

02/11/07- Ania applied for Social Security Card

02/17/07- Ania and I were MARRIED!!!!!!

07/24/07- Social Security Card in hand- after some minor issues and a little procrastination :)

10/14/07- I-485, I-765, and permission to travel mailed to USCIS

10/17/07- Received NOA1

12/17/07- I-485 shipped to California Service Center for faster service

12/17/07- I-765 approved new card should be mailed within 30 days, Advanced parole approved

02/28/08- AOS APPROVED!!!! PERMANENT RESIDENT CARD RECEIVED!!!!! (card received couple weeks after approval)

 
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