Nullify the K1 by Getting Married???

[~kiyah~ 14]

Ok, I need some advice. As most of you here know our K1 application and petition was sent back to the United States after the interview in January. After both my Senator and I received the response from Casa as to "why" and speaking to more attorneys, we have a huge decision to make.

Basically the consular officer sent our file back to the United States for further review of the validity of the relationship. While this really is a blanket response and does not shed light on the exact reason why, it is something to go on. Now, I know this is not a hard denial...however, I have found out that since the approval (NOA2) date has expired that our case is actually closed until the BCIS re-opens it for review of the consular findings and then will make a final decision. This part of the process will take about 6 months.

The delimma is this:

We can wait to see what happens with this petition...in 6 months or less I will receive notification on the action being taken regarding our case. If approved again the petition will go back through the chain of command to have another interview date scheduled...this part of the process would take an additional 4 months or so. That is about 1 year in wait time, if not more. I still do not have any statistics on K1s who went through this and got approved again.

OR

We just nullify the K1 by getting married when I go to Morocco next month, when I come back I will file the K3 visa. The evidence of relationship we have would be ALL the original documentation including the proof that the consular officer refused to look at during the interview in January...PLUS new evidence including another trip to Morocco, photos, video and all phone bills, emails, chat logs, letters from the date of the K1 interview up to filing the K3.

Another thing is I only have 18 days in Morocco...12 full business days not counting my in-flight dates. I know this takes a lot of time to do this in Morocco. He has my certified divorce papers and birth certificate there with him now, and could go ahead and get those translated into Arabic. I would need to send him a copy of a local police report from here to get that translated as well...bring the original with me. This would cut some of the time down. Upon arrival, I would then need to go to the consulate and get the affidavit of eligibility to marry and we would need to have that translated. Then we would have to get on the roller coaster of having all these documents stamped at the appropriate places to even get the marriage license to be married there.

Now, but we are worried about this though...neither he nor I trust this consulate at all. The worry running through our minds is: "What if we do this and the consulate sends our K3 petition back to the US for review again?" We would then be back to square one again with even more waiting than if we just let the K1 run its course for review here in the US.

This delimma is what keeps me up at night (other than missing my love tremendously)...worrying about the K1 not being approved...wondering if we should go ahead and nullify the K1...worrying if we do that we will still have a problem with the consulate. If we do get approved for the K3 visa, the wait time there is 8-12 months from filing date I think.

Now, if going the K3 route is better for us, if we do not do this when I go next month we would have to wait until near the end of the year due to my vacation time, etc. If we waited until then to get married file the K3...we are looking at an even longer wait.

What are thoughts on this? I know that it really does seem to be the luck of the draw with this consulate, we want to do the right thing to be together. Any insight from my ME/NA peeps would be wonderful. Shokran bezaaf!

~Kiya~

[pri 0]

it is hard to say i understand your concerns if you proceed for K3 this might happen there is no guarantee with any visas with immigration they say it is a privelge and not yr right..

[Dixie_Peach 1]

Kiya

My heart breaks for you!!! I do not have an answer to your dilemma... I wish I did. What does your gut say? This is just a very difficult situation. What happens if you do the k3... and like you say, they send it back? Would you consider moving to Morocco? Please just know that I am praying for ya'll... and wishing you the very best. YOU DESERVE IT! *hugs*

Blessings

Lynne

PS: *kicks woman from consolute in the #######*

[MaryandMian 1]

Kiya, I have been following your story as well. I am like Lynne, you can do the marriage visa and it can take 6 -9 months or longer. So it might be finished at the time the K1 is going to be back at the embassy/consulate for interview. There is no guarantee that they will issue the K3 either. So you have to ask yourself will you be willing to move to Casa or somewhere else to be with your beloved? You have some very hard decisions to make. I am married and my CR1 is still in AP so I can understand how your feeling and am praying for all of us especially in the ME/Asian forums to be reunited with our loved ones and no more purgatory. You are very strong lady and really wish you all the best on this journey and you know all of us will be here to cheer you on no matter which path you decide to go.

Mary

[myfellah 0]

Kiya,

I can't imagine being in your shoes and trying to make the best decision. I can only offer my opinion and I think I would be more worried to get married and file the K-3 before I knew why they are waiting word on the K-1. If you can re-open the K-1 and get their decision reveresed or approved, would it be less of a wait? If you marry and they question the K-3, wouldn't the wait be even longer? I wish I had an answer for you. Please know, though it might not help, that everyone of us feels for you. No matter what, you will make the best informed decision and then don't question yourself. My best to you.

Doreen

[Bosco 1]

Kiya,

I think you should evaluate whatever statistics you can find, if any. What is the success rate for returned petitions, what is the success rate for marrying after a K1 has been returned, etc.

I know your priority is probably getting together ASAP, but I think you may want to look at this just by the numbers. You can have two chances at getting together or just one. If you go ahead with the K3, you have eliminated the first route and will not have it to fall back on. If the appeal fails, yes you will have lost some precious months together, but you will still have a backup plan. If you go ahead with the K3 and that fails, you will probably always wonder if you should have waited on the K1 appeal. I personally would not want to eliminate any options available to me at this point for the sake of getting together faster. It is painful to be apart, I know, but you two are strong and the time isn't going to break you.

It also seems that something is going on at Casa. There are several people who have been waiting on visa issuance since early January that have called DOS and found their AR is finished, several weeks have passed, and the visa is still not in hand. Before making any decisions, you might want to wait and see what happens with those cases and others in the next month or so. If Casa is really getting tougher, having two chances instead of one may make even more sense.

Rebecca

[honeyblonde 0]

Kiya,

I agree with Rebecca in that you should keep as many options available as possible. What happens if you wait 6 months and get rejected? Can't you refile the K1? The marriage visa is taking over a year to even get to the consulate and that's not new - it was that way in 1998 when I filed for my last husband. You could re-file and have your man here on the K1 in that time.

Also, when we do statistical analysis in economics, we look at a sampling of data such as what is available on here in the timelines. I know you have pointed out that Visa Journey only represents a small portion of those actually going through Casablanca, but that's ok. The percentages for each type of visa and their success rates probably match up pretty good with reality, in fact the VJ people are probably a little more successful due to the help they get here. In fact, what is given here is about all most statisticians have to go on and they are able to give very accurate predictions. Why do you think the sponsors of this website have the timelines? My guess is they are using the data in them to help them predict patterns at consulates so they are better able to advise their clients.

Before I went to Morocco the first time, I looked at the timelines. I don't think a lot has changed on them that would convince me to marry in Morocco, especially the tendency of Morocco to hold K3 visas. I honestly think that the Casa consulate doesn't know how to handle the K3 so they just put it on hold or reject it. I wish the timelines gave a better picture of which was issued but based on what I've read on this site the past year I don't remember anyone even getting a K3 visa out of Morocco.

If I was in your shoes, I'd refile the K1. In fact, I'd probably refile it now instead of waiting the 6 months. That's just me though. I know I did that before with my last husband and the second application was approved and he was here before we even heard anything on the first one I had filed here. It was a marriage visa, and the first one I filed here while I did a DCF on the second. I know the situation is different somewhat, but basically since the first file is pretty much closed, I'd just play dumb blonde and act like that was what I thought I was supposed to do. One motto my boss has taught me here at work: sometimes it is better to seek forgiveness than permission. In this case, to me that would mean taking documents with me to Morocco to refile the K1 as soon as I got back.

[dawnnhatem 0]

I feel so bad that you have to go through this. I don't know if you want my opinion or not, but I don't think I'd be waiting on the k-1. I think I would be getting married and persuing just the cr1, not even the k3. the Ks do help some couples reunite sooner which is great, but for whatever reason they just are not going to let that happen for you.

Mary made a good point about how long her cr1 is taking, but you know what...whatever time the cr1 takes, is pretty much how long any of the visas would have taken. I don't think he will get here a minute faster any other way and his status would then be secure on arrival.

Plus, even tho your k1 would be cancelled out, at the same time your I130 processes, you could still find out what you can about what went wrong and hopefully get that addressed this time around.

Personally, I would like to see him come in with pr status so you can just be done with these guys, and I worry about you being able to aos easily if he enters on a k.

You know what else I think is good about getting married while you are there? You would be going through all this for your husband and your marriage. Not for your boyfriend, not for the dream of being in a marriage...you would be doing what you have to do because your husband is far away, your family is divided and thats a problem.

These are just my opinions and of course you are the one that knows what best for you two. You know you have all kinds of support here no matter what you decide. Take care

[mawelvan 0]

Kiya,

I agree with Rebecca in that you should keep as many options available as possible. What happens if you wait 6 months and get rejected? Can't you refile the K1? The marriage visa is taking over a year to even get to the consulate and that's not new - it was that way in 1998 when I filed for my last husband. You could re-file and have your man here on the K1 in that time.

Also, when we do statistical analysis in economics, we look at a sampling of data such as what is available on here in the timelines. I know you have pointed out that Visa Journey only represents a small portion of those actually going through Casablanca, but that's ok. The percentages for each type of visa and their success rates probably match up pretty good with reality, in fact the VJ people are probably a little more successful due to the help they get here. In fact, what is given here is about all most statisticians have to go on and they are able to give very accurate predictions. Why do you think the sponsors of this website have the timelines? My guess is they are using the data in them to help them predict patterns at consulates so they are better able to advise their clients.

Before I went to Morocco the first time, I looked at the timelines. I don't think a lot has changed on them that would convince me to marry in Morocco, especially the tendency of Morocco to hold K3 visas. I honestly think that the Casa consulate doesn't know how to handle the K3 so they just put it on hold or reject it. I wish the timelines gave a better picture of which was issued but based on what I've read on this site the past year I don't remember anyone even getting a K3 visa out of Morocco.

If I was in your shoes, I'd refile the K1. In fact, I'd probably refile it now instead of waiting the 6 months. That's just me though. I know I did that before with my last husband and the second application was approved and he was here before we even heard anything on the first one I had filed here. It was a marriage visa, and the first one I filed here while I did a DCF on the second. I know the situation is different somewhat, but basically since the first file is pretty much closed, I'd just play dumb blonde and act like that was what I thought I was supposed to do. One motto my boss has taught me here at work: sometimes it is better to seek forgiveness than permission. In this case, to me that would mean taking documents with me to Morocco to refile the K1 as soon as I got back.

Sorry I am a little confused here,

Is your visa nulifed by the K3, when you file for a K3 often you submit the 129F so that he can come here earlier while the other is still processing. Kiya, after my denial my lawyer felt that it is quicker to file the K3 then to wait to appeal the petition. Really though you have to do what is right for you. Unfortunately it's such a slow process to get married there, you will spend the entire time trying to get everything done.

[MaryandMian 1]

I feel so bad that you have to go through this. I don't know if you want my opinion or not, but I don't think I'd be waiting on the k-1. I think I would be getting married and persuing just the cr1, not even the k3. the Ks do help some couples reunite sooner which is great, but for whatever reason they just are not going to let that happen for you.

Mary made a good point about how long her cr1 is taking, but you know what...whatever time the cr1 takes, is pretty much how long any of the visas would have taken. I don't think he will get here a minute faster any other way and his status would then be secure on arrival.

Plus, even tho your k1 would be cancelled out, at the same time your I130 processes, you could still find out what you can about what went wrong and hopefully get that addressed this time around.

Personally, I would like to see him come in with pr status so you can just be done with these guys, and I worry about you being able to aos easily if he enters on a k.

You know what else I think is good about getting married while you are there? You would be going through all this for your husband and your marriage. Not for your boyfriend, not for the dream of being in a marriage...you would be doing what you have to do because your husband is far away, your family is divided and thats a problem.

These are just my opinions and of course you are the one that knows what best for you two. You know you have all kinds of support here no matter what you decide. Take care

Dawn you got what I was saying either way she goes it is going to be a year or more possibly before the K1 comes back to the states and then to embassy or CR1 would be at the same stages. I think she should look at her options CR1 and K3; also 90 percent of the K3s in Pakistan are taking forever and everyone is filing the CR1 and then getting their husbands home. Just a thought and you would still have to file a CR1 after the K3 to get your husband home. I have tried to understand these two embassies and there is no rhyme or reason. Good luck Kiya we are all pulling for you.

Mary

[anxious 0]

Hi Kiya,

I was faced with your decision after my love recieved a 221g, it later

turned out it was just AR. My fiance gave him all our papers etc, and he glanced at them, gave them

back and stamped the 221g. What I didn't know until Rachid arrived....was that we didi

recieve a standard AR letter saying to wait the 2-4 weeks for his visa. The consulate

placed it in his paperwork and Rachid did not notice it, until we were going thru

the papers to file AOS....I was worried sick when we were refused, then to see the AR

document after so long....grrrrrrrrrrr to say the least.

At first we thought it was a blunt refusal, then

like you, I started researching our options, read the article by

Ellis and contacted my lawyer etc.

In my opinion from talking to several lawyers, the k-3 or cr-1 will

solidify your evidence of relationship because you have taken things

a step further. And if you wait to appeal the k-1 that is sent back, what

heavy documents or info will you have to push through those doubts they have of your

relationship? I would rather give them a marriage certificate with all the added

pics and emails, than just some more pics and emails IMO.

I understand nothing is guaranteed with Casa's consulates, but a denied k-1 is not

uncommon. I don't think I have heard of a person doing a k-3/cr-1 visa AFTER doing

the k-1 and getting denied when the relationship is taken further to that level.

We are all pulling for you, whatever decision you make.

Maryum

[~kiyah~ 14]

Shokran everyone...I wanted to find out what everyone here thinks. Everyone close to me at work thinks we should wait out the K1 and see exactly what the objection really is, maybe it is something really stupid...fight for them to review ALL of our evidence of a valid relationship, basically everything the CO refused to look at during the interview, plus our new evidence from the date of the interview up to the time I receive notice from BSCIS...basically what Rebecca and Honeyblonde are saying.

If we are denied after that then get married in Morocco and file for K3/CR1. Yes, it will all take a lot of time, there is no way around that no matter what we decide to do. We could refile the K1 if we are denied...but there is new legislation effective March 6th limiting K1 visa petition filings to 1 every 2 years for a US citizen. I am not exactly sure of the legislation and how it would affect our case in particular.

Rebecca also has a very good point about current K3s in Casa who have passed AR for many weeks now with no visa issuance. I know of 1 case exactly like this, they have been cleared for AR for weeks and Casa has not responded to any inquiries in their case...and no visa issuance. There really does seem to be something serious going on in Casa...I really wish they would open up another consulate in Morocco.

It feels good to know how everyone is pulling for us on VJ, at work, our family here in the US and Morocco. We are so devoted and love each other very much...we deserve to be together. We just want to do the right thing and not blow any chances we have of being together here in the United States. It would be several years before I could make a move to Morocco, I have too much holding me here that I cannot give up...my daughter is the main reason.

So far everything is pointing to us waiting out the K1...I still do not have any statistics on a K1 being sent back for review then getting approved again. I have talked to 5 attorneys, joined other forums and am getting NO statistics whatsoever. Of course no one can predict what will happen to us in regards to this visa I have researched and researched until my eyes are nearly blind, my brain wants to explode from all of this documentation...I just want to go to Morocco and never come back again, basically run away forever.

Shokran again, I really appreciate it.

~Kiya~

[honeyblonde 0]

That is insane news about the limit on filing a K1, considering that Morocco just rejects them without even looking at the evidence. That would certainly make life much more difficult for those in your shoes. Good luck in whatever you decide to do.

[tnh9479 1]

I agree with what some of the others have said. I think there is even more scrutiny on the marriage visas and the chances are even higher of them shipping it back. I would wait out the K-1 appeal process and see just exactly their issue was. Even if it never gets "reapproved" or whatever the heck the correct terminology might be, you will be able to know definitely what that consulate is looking for and be able to provide boat loads of documentation for a potential marriage visa.

Just my two cents.

Twila

P.S. I hate the fact the government can piss away our money at a whim. Fight for the K-1!

P.P.S. Where is all the scrutiny for the mail-order brides in Russia, the Phillipines, etc?

[kerewin21 2]

Kiya, if I were you, I would wait out the K-1. They have no legitimate reason to have denied you, and with time it's sure to work itself out-- we've seen other people going through here have their K-1s approved on review. It might even be faster than going through the K-3, and you would save some money as well (though it's probably not your #1 priority, it doesn't hurt). That's a really tough decision either way, please let us know what you decide.

Sharon