Did my friend messed things up?

[KP & SP 9]

This matter is concerning my friend who kinda acted like a fool.

He got divorced in a state that has 6 month of waiting period before he can get re-married which he admits that he wasn't aware of.

He went back to Nepal and got re-married before the six month wait time.

Now, he is thinking about filing a petition for his wife after the six month wait is over.

Problem:

He says he can put the date for his marriage on the application to make it look like he got re-married after the six month is over. But he wouldn't have been in Nepal on that date (don't the USCIS, NVC and the Embassy check his arrival and departure dates).

I asked him to file as a fiancee not as a wife but all the pictures they had together looks like they are husband and wife and in fact they are. Legally, there is no documentation that states they got married because they don't yet have a marriage license.

Please kindly suggest any suggestion you have so i can pass it along to him.

Thanks,

[N-o-l-a 7,168]

This matter is concerning my friend who kinda acted like a fool.

He got divorced in a state that has 6 month of waiting period before he can get re-married which he admits that he wasn't aware of.

He went back to Nepal and got re-married before the six month wait time.

Now, he is thinking about filing a petition for his wife after the six month wait is over.

Problem:

He says he can put the date for his marriage on the application to make it look like he got re-married after the six month is over. But he wouldn't have been in Nepal on that date (don't the USCIS, NVC and the Embassy check his arrival and departure dates).

I asked him to file as a fiancee not as a wife but all the pictures they had together looks like they are husband and wife and in fact they are. Legally, there is no documentation that states they got married because they don't yet have a marriage license.

Please kindly suggest any suggestion you have so i can pass it along to him.

Thanks,

What are the regulations in Nepal? If he is legally married in Nepal, then that is what counts. He needs to file an I-130 for a CR1.

You gave him terrible advice to file for the I-129F if you told him to do that after he married in Nepal.

Edited December 19, 2012 by Nola123

[Dave&Roza 748]

This matter is concerning my friend who kinda acted like a fool.

He got divorced in a state that has 6 month of waiting period before he can get re-married which he admits that he wasn't aware of.

He went back to Nepal and got re-married before the six month wait time.

Now, he is thinking about filing a petition for his wife after the six month wait is over.

Problem:

He says he can put the date for his marriage on the application to make it look like he got re-married after the six month is over. But he wouldn't have been in Nepal on that date (don't the USCIS, NVC and the Embassy check his arrival and departure dates).

I asked him to file as a fiancee not as a wife but all the pictures they had together looks like they are husband and wife and in fact they are. Legally, there is no documentation that states they got married because they don't yet have a marriage license.

Please kindly suggest any suggestion you have so i can pass it along to him.

Thanks,

My first suggestion is for your friend to stop and think this thru. Do not make a bad situation worst by lying. IF he is not legally married and the six months has passed, I would get married now and then file the IR-1/CR-1 visa petition. I would not mess with the K-1 as an IO MAY look at the "marriage" as the real thing and then he would not qualify for a fiancee visa as he is already married. If there is not proof of marriage, what is he going to use to show the USCIS that he and his wife are married? Have him go back and get legally married and then file the petition. This needs to be cleared up before he can proceed and IMHO I think the K-1 route is not a good one as there are too many things that can come up now and bit him. To me the best bet is wait for the six months to pass, go over there and get married and get the official documentation and begin the I-130 process.

Good luck to him,

Dave

[Harpa Timsah 13,258]

Yes, get re-married after the six months are over. His wife can get a permanent ban for misrepresentation by not righting this, now.

[KP & SP 9]

What are the regulations in Nepal? If he is legally married in Nepal, then that is what counts. He needs to file an I-130 for a CR1.

You gave him terrible advice to file for the I-129F if you told him to do that after he married in Nepal.

Unless you have a marriage license issued by the Government of Nepal; you are considered unmarried even though the marriage ceremony did take place. So, legally he is not married; I doubt that the CO will have time to check if the marriage ceremony took place.

This clause prompted me to advise him to file for fiancee.

[N-o-l-a 7,168]

Unless you have a marriage license issued by the Government of Nepal; you are considered unmarried even though the marriage ceremony did take place. So, legally he is not married; I doubt that the CO will have time to check if the marriage ceremony took place.

This clause prompted me to advise him to file for fiancee.

If he has had a religious marriage that is still too much for the K1, he needs to get legally married at this point. It is really the only way.

[Sandra G. 5,057]

He had a religious cerimony but he is not legaly married then he canT file CR1 visa now. To file K1 is risky and it will look bad. He should get married after his divorce is finalized and then file CR1.

[Darnell 8,479]

How good of a friend is this, really ?

[KP & SP 9]

He had a religious cerimony but he is not legaly married then he canT file CR1 visa now. To file K1 is risky and it will look bad. He should get married after his divorce is finalized and then file CR1.

I know it will look bad and will be gambling to file for I-129F because he is a married man.

He just got back from Nepal after spending hundreds of dollars and can't go back again to get married.

I just spoke with him and he said he is going to petition as fiancee.

Well, let's wish him luck!

[Gary and Alla 3,694]

This matter is concerning my friend who kinda acted like a fool.

He got divorced in a state that has 6 month of waiting period before he can get re-married which he admits that he wasn't aware of.

He went back to Nepal and got re-married before the six month wait time.

Now, he is thinking about filing a petition for his wife after the six month wait is over.

Problem:

He says he can put the date for his marriage on the application to make it look like he got re-married after the six month is over. But he wouldn't have been in Nepal on that date (don't the USCIS, NVC and the Embassy check his arrival and departure dates).

I asked him to file as a fiancee not as a wife but all the pictures they had together looks like they are husband and wife and in fact they are. Legally, there is no documentation that states they got married because they don't yet have a marriage license.

Please kindly suggest any suggestion you have so i can pass it along to him.

Thanks,

Which state? Some of these rules are enforced by not making the divorce fully final until after 6 months. (Wisconsin is an example) If that is the case then his Nepal marriage is null and void, he was still married! Check the laws in his state. If the law merely says he cannot get married again in that state, then he is fine.

He cannot lie about the dates, he will have to submit his previous marriage and divorce papers AND his new marriage certificate. NOTHING is done on a "he said, she said" basis, eveything must be documented.

Be sure of their status before doing anything. DO NOT use photos for a fiancee visa that look like you are married.

Everyone needs to slow down, check the laws and decide how to proceed within the law, there is no other way.

[KP & SP 9]

How good of a friend is this, really ?

Someone who just called me after being out of touch for 11 years.

[Gary and Alla 3,694]

I know it will look bad and will be gambling to file for I-129F because he is a married man.

He just got back from Nepal after spending hundreds of dollars and can't go back again to get married.

I just spoke with him and he said he is going to petition as fiancee.

Well, let's wish him luck!

Yeah, right. Good luck. DO NOT submit anything that looks like he is married AND his divorce must be final (6 months passed) before he files the I-129f. He needs to be legally able to get married the day he files the petition

[LeftCoastLady 441]

I know it will look bad and will be gambling to file for I-129F because he is a married man.

He just got back from Nepal after spending hundreds of dollars and can't go back again to get married.

I just spoke with him and he said he is going to petition as fiancee.

Well, let's wish him luck!

Luck is not what is needed. He needs to read through the rules and follow them.

[KP & SP 9]

Which state? Some of these rules are enforced by not making the divorce fully final until after 6 months. (Wisconsin is an example) If that is the case then his Nepal marriage is null and void, he was still married! Check the laws in his state. If the law merely says he cannot get married again in that state, then he is fine.

He cannot lie about the dates, he will have to submit his previous marriage and divorce papers AND his new marriage certificate. NOTHING is done on a "he said, she said" basis, eveything must be documented.

Be sure of their status before doing anything. DO NOT use photos for a fiancee visa that look like you are married.

Everyone needs to slow down, check the laws and decide how to proceed within the law, there is no other way.

Thank you and that is exactly what I was trying to say.

According to Nebraska Law like Wisconsin, any marriage before the six month wait time is NULL or VOID...so he is not married according to the law.

We all know he made a stupid mistake. Is he allowed to get engaged before the waiting period? If so, then he should be able to bring his fiancee...granted she is not a fiancee but a wife according to the marriage ceremony. Yes, maybe the photos he has be a problem but that's up to him how to go about getting a better one.

[Darnell 8,479]

Someone who just called me after being out of touch for 11 years.

Well, lets keep it simple, aye?

A religious ceremony doesn't count for a legal marriage,

but the IV Unit in Nepal will deny a K-1 visa at the interview because the religious ceremony occurred.

He's not legally married, so it's better to go back to Nepal, and legally marry her after the 6 month window,

then (and only then)

file the I-130.

Spending a few hundred dollars, at this point, is miniscule.

He could save up 8 grand over the next 2 months, then go back to Nepal and marry.

Edited December 19, 2012 by Darnell