k1 visa denied to getting married

[guruaujla786 0]

Hello can someone help me please its really complicated I applied for my fiance as k1 visa but during that time we decided to get married we got married but didn't notify no one we left the case as k1 visa. My wife went to her k1 visa interview I dont know how they find out about us getting married so can someone help me what should I do is their a big problem except delay to coming to US or she can never come to US. Please help

[jonwpatton 0]

Seems like you get to re-apply, but for K-3. It would be unjust to deny your K-3 because the K-1 requirement (unmarried) was not met. "How did they find out?" <----- good question.

[belinda63 3,031]

You will need to start over with the CR-1. Follow the guides at the top. It will take about 12-18 months at current processing times.

A big question is this....at any point during the interview did she lie and say she was not married? If she did they could slap a material misrepresentation charge on her and bar her from the US forever. You made a poor choice and I hope they just returned the petition as no longer eligible and nothing more.

Never, ever lie to immigration or think you can fool them. They know all.

Edited April 25, 2014 by belinda63

[Avery Cates 1,141]

Hello can someone help me please its really complicated I applied for my fiance as k1 visa but during that time we decided to get married we got married but didn't notify no one we left the case as k1 visa. My wife went to her k1 visa interview I dont know how they find out about us getting married so can someone help me what should I do is their a big problem except delay to coming to US or she can never come to US. Please help

The minute you became married, you were ineligible for the K-1 route and were justly denied. If there was any knowingly misrepresentation to an immigration official at the interview that's potential grounds for a permanent ban from the US.

You need to start over with a CR-1. May take another year - year and a half.

Edited April 25, 2014 by Avery Cates

[slowlyman 118]

Get started reading this guide. http://www.visajourney.com/content/i130guide1

The process takes at least a year. The faster you get started, the faster you can be together.

[jan22 3,043]

The minute you became married, you were ineligible for the K-1 route and were justly denied. If there was any knowingly misrepresentation to an immigration official at the interview that's potential grounds for a permanent ban from the US.

You need to start over with a CR-1. May take another year - year and a half.

They could well have found material misrepresentation because she filled out the application form for the K1 visa, likely saying she was single, and pursuing it knowing full well that she was married. The application in and of itself could be considered the misrepresentation. Bottom line, for anyone on the forum to answer the question about whether it will make a difference, we have to know under what grounds she was denied. I can't understand why on earth anyone would knowingly move forward on a finance visa application knowing that they had already married -- and then ask how "they found out": It's clear the OP and spouse knew they no longer qualified...whether anyone "found out" or not;.

[NoeNoe 2]

I came to US in K1 visa and one of the requirements/evidence in the interview is CENOMAR (certificate of no marriage). We did have a wedding ceremony (church) in the Philippines but we did not sign a marriage contact. We got married (legally) here in the States.

If the US consulate found out that you're married that means you got married legally, it's in the database. In K1, marriage should happen in the States, your beneficiary should enter as your fiance. But since you are already married it's should be a spouse visa.

Edited April 25, 2014 by NoeNoe

[Karam and Jamie 44]

I would have never done that. I knew I couldn't get married while in the K-1 process lol Best of luck to you now

[FZSA 23]

Why to got married while your K1 visa was in process ????????

This is a big mistake you have done

[Jen90 5]

I came to US in K1 visa and one of the requirements/evidence in the interview is CENOMAR (certificate of no marriage). We did have a wedding ceremony (church) in the Philippines but we did not sign a marriage contact. We got married (legally) here in the States.

If the US consulate found out that you're married that means you got married legally, it's in the database. In K1, marriage should happen in the States, your beneficiary should enter as your fiance. But since you are already married it's should be a spouse visa.

Hi, I don't get your idea, you had a wedding ceremony in the Philippines but you did not sign the marriage contract, what's the point? I don't know if there's any sense to have a wedding ceremony and not signing the marriage contract. Ive read some posts here too like what you guys did. So I want to know the reason why.. ?

Thank you

[dwheels76 5,468]

Hello can someone help me please its really complicated I applied for my fiance as k1 visa but during that time we decided to get married we got married but didn't notify no one we left the case as k1 visa. My wife went to her k1 visa interview I dont know how they find out about us getting married so can someone help me what should I do is their a big problem except delay to coming to US or she can never come to US. Please help

One of the biggest things Immigrations does is have people at the registries and look up names all the time. You will have to start all over and pray they don't have a ban on your wife. This is sad but this is what you call "circumventing the immigration process".

Your I-129F I am sure got processed very fast compared to I-130 and you leaped into the front of line than married. What did you expect to adjust status from?

Start all over and now you go back of line its a good long wait now you are looking at 1 to 2 years now.

[NigeriaorBust 4,087]

Hi, I don't get your idea, you had a wedding ceremony in the Philippines but you did not sign the marriage contract, what's the point? I don't know if there's any sense to have a wedding ceremony and not signing the marriage contract. Ive read some posts here too like what you guys did. So I want to know the reason why.. ?

Thank you

To many people it is important to have a ceremony with family before leaving for the US because mostly the foreign family can't get visas or can't all afford to travel. It is better to have a departing party than a wedding like thing because there have been denials for "weddings" that weren't official

[Inshallah2011 1]

Hi, I don't get your idea, you had a wedding ceremony in the Philippines but you did not sign the marriage contract, what's the point? I don't know if there's any sense to have a wedding ceremony and not signing the marriage contract. Ive read some posts here too like what you guys did. So I want to know the reason why.. ?

Thank you

Jen90, It can be for so many reasons. If a person was born in the Philippines, he/she sure wants all the family members, friend, etc... participate at the wedding. So, I personally think that nothing is wrong if someone has a wedding party in his/her native country and gets married in the US (has another party here too) where the marriage certificate is signed.

[NoeNoe 2]

Hi, I don't get your idea, you had a wedding ceremony in the Philippines but you did not sign the marriage contract, what's the point? I don't know if there's any sense to have a wedding ceremony and not signing the marriage contract. Ive read some posts here too like what you guys did. So I want to know the reason why.. ?

Thank you

Hi Jen90.

One of the reasons, which is our main reason, is because of family. My husband is born and raised in the Philippines (moved to US in his teen years, and now a US citizen). Being filipinos, we have close family ties and since I am the eldest my family wants to witness our wedding ceremony. It is cheaper to hold a ceremony, with more than 200 guests or friends and family to witness our wedding vows (vows we repeated when we got married in the US ), in the Philippines than to bring them here in the states.

We had a signing of marriage contract here in the states, a week after I arrived, in a church after the service, with witnesses.

We wanted our wedding to be memorable with most of our friends and family witnessing it. We're glad we did.

Practilly, we only spent $9,000 to $10,000 on everything (wedding + plane tickets to US) with our family and friends in the wedding. The wedding we had would cost about $20,000-$30,000 in the states. Just to give you an idea on why we had a ceremony in the Philippines.

Edited April 25, 2014 by NoeNoe

[Avery Cates 1,141]

Hi Jen90.

One of our the reasons, which is our main reason, is because of family. My husband is born and raised in the Philippines (moved to US in his teen years, and now a US citizen). Being filipinos, we have close family ties and since I am the eldest my family wants to witness our wedding ceremony. It is cheaper to hold a ceremony, with more than 200 guests or friends and family to witness our wedding vows (vows we repeated when we got married in the US ), in the Philippines than to bring them here in the states.

We had a signing of marriage contract here in the states, a week after I arrived, in a church after the service, with witnesses.

We wanted our wedding to be memorable with most of our friends and family witnessing it. We're glad we did.

Practilly, we only spent $9,000 to $10,000 on everything (wedding + plane tickets to US) with our family and friends in the wedding. The wedding we had would cost about $20,000-$30,000 in the states. Just to give you an idea on why we had a ceremony in the Philippines.

It's good that you went that way and it worked out for you, but I would advise people to steer clear of anything that even resembles a marriage while they're in the K-1 process. One errant photo of a wedding looking ceremony on social medial posted by a friend or family member could lead to a denial.

A gathering of friends and family to celebrate an engagement and/or leaving party with nothing that could be misconstrued as wedding attire is a much better and safer bet.