Losing sleep over K1

[Big B 0]

Hello all,

I am a new member here and need your advises as to what I should do right now concerning my K1 petition for my fiance (wife?) but first let me tell you all about my story: Got to know Oanh through an online site in July 2012 and starting to "talk" to each other exclusively. After 7 months worth of couple hundred emails and exchanged pictures, I went to Vietnam to meet her. Stayed there for 10 days with her and her family and had to go back to the US to.....work. Purchased a new house on May 2013 and proposed to her and with the blessing of her parents, I went back there in July 2013 to have our wedding reception in front of 700 family members and guests. I did not go to "So Tu Phap" to file the legal marriage certificate with the local government since they required me to stay there 21 days. A visit to a local "Immigration Visa service" center here in San Jose,CA, after listening to what service I was seeking, advised me to file the K1 petition since it is the fastest way for Oanh to be here with me. I did not know this forum then. Here is my problem, I wrote in my timeline that we were married in front of our family and friends and sent it in along with the usual wedding pictures, boarding passes from my trip to Vietnam, receipts from the hotel that did the wedding banquet,ect. My income is around $110k per year so I don;t think it will be a problem. What cvaused me to "freak" out is when I read on this forum of K1 visa being denied due to the fact that we "got" married albeit not obtaining the legal certificate with the Vietnamese authority. Her being the only child in the family and her grandma and parents would like to see us married in front of the relatives and all. Please tell me what to do next since she may be denied a K1 Visa at the interview which should be within three months from now ( The NVC has my petition now for almost a week.)

Please guide me with your experiences ans insights.

Thank you.

[Bugs 455]

So, to summarize:

1. You got married there, but didn't file it with the government there.

2. You indicated this marriage on your evidence in your K-1 petition, but not the application itself (declaring yourself as single).

3. Your K-1 was approved and is now at NVC.

If the embassy sees that you considered yourselves married, but filled the application as single, this may be a problem. May want to withdraw the petition, if possible, and start over with a CR1.

Edited November 14, 2013 by Leon & Mylen

[thepizzadude 26]

I suggest you move this question to the Vietnam forum since they will be better informed in their responses. BUT if you sent wedding pictures and actually got married just did not get the paperwork finished, you may be in for a different route other than the K1.

Good luck on your journey.

[Big B 0]

So what I should do now? Is there a way to "refile" for a spouse? I thought that getting married in front of our relatives is the right thing to do, but not for the type of Visa I am seeking.

[Bugs 455]

So what I should do now? Is there a way to "refile" for a spouse? I thought that getting married in front of our relatives is the right thing to do, but not for the type of Visa I am seeking.

If you get married there before her arrival to the U.S., you need to petition for a CR1 visa (via an I-130). K-1 visas (and the I-129f petition) are for people who haven't been married yet.

So you will need to withdraw the current petition, if possible, and refile with the proper petition/visa. I am not sure how to do that once it hits the NVC stage, but others can probably fill you in on that.

[Bugs 455]

Also you will want to get the marriage registered there before you apply for the CR1.

[Big B 0]

Anyone? Please help....

[Big B 0]

I truly wished that I have known the forum before I filed the K1. Have no clue what to do next. Hiring an immigration attorney so the correct papers will be filed?

[lost_at_sea 995]

The question is: are you currently legally married?

If yes: File the i-130 for CR-1

If no: Continue with I-129f for K1

[Bugs 455]

The question is: are you currently legally married?

If yes: File the i-130 for CR-1

If no: Continue with I-129f for K1

It's not so black and white as this. He never legally married (or at least file it with the government there), however, he sent this with his K-1 petition:

"I wrote in my timeline that we were married in front of our family and friends and sent it in along with the usual wedding pictures, boarding passes from my trip to Vietnam, receipts from the hotel that did the wedding banquet.."

This, to me, would be a red flag for the embassy.

[lost_at_sea 995]

It's not so black and white as this. He never legally married (or at least file it with the government there), however, he sent this with his K-1 petition:

"I wrote in my timeline that we were married in front of our family and friends and sent it in along with the usual wedding pictures, boarding passes from my trip to Vietnam, receipts from the hotel that did the wedding banquet.."

This, to me, would be a red flag for the embassy.

Oh. For sure. But if he's not legally married, he can't go for the CR-1 until it's made legal. A little bit rock/hard place.

Can we get this thread moved to region specific? I feel it needs local knowledge of marriage custom.

Although they are already through so far then I wonder if they'd do best to plow on with the K1 interview and legalise the wedding if they get denied to switch processes.

Edited November 14, 2013 by lost_at_sea

[Bugs 455]

Oh. For sure. But if he's not legally married, he can't go for the CR-1 until it's made legal. A little bit rock/hard place.

Can we get this thread moved to region specific? I feel it needs local knowledge of marriage custom.

Although they are already through so far then I wonder if they'd do best to plow on with the K1 interview and legalise the wedding if they get denied to switch processes.

The problem I have with that solution is that they could place misrep on him if they find he was trying to enter on a K-1 visa yet they have this evidence he is married. So that's why I thought it might be best to prevent that by withdrawing and starting over properly.

[lost_at_sea 995]

The problem I have with that solution is that they could place misrep on him if they find he was trying to enter on a K-1 visa yet they have this evidence he is married. So that's why I thought it might be best to prevent that by withdrawing and starting over properly.

Ah. So this is where I wonder if regional knowledge would help. Whatever ceremony they did... If that's a widely understood thing there, can they simply enquire with the embassy first and just plain ask if that's a problem?

Edited November 14, 2013 by lost_at_sea

[Big B 0]

_{It is our custom to have a wedding ceremony (she, being the only child, is required by her parents to have the wedding taken place.) the last thing I would do is lie on the papers and to the system to risk her being banned from ever entering the US. I specified in the timeline with the belief that being honest is the right thing to do. Filing the K1 since we did not register with the local authority and will have another wedding here in the States if and when she gets here. And yes, we both are singles legally.}

_{BY the way, admin or moderator please help me to move the threat to the Vietnam sub forum since I do not know how.}

_{Best regards.}

[C-ma'am 684]

Big B,

I moved your post to the Vietnam forum where other folks maybe able to address your questions. If you feel like, after a while, you want your post to be moved back to the K1 forum, simply report your message by clicking on the REPORT button and send a message to the mods asking to do just that.

Best of luck