k1 visa denied to getting married

[Boiler 44,852]

If she is banned a waiver should be available.

Edited April 27, 2014 by Boiler

[AKSinghSingh79 143]

An unregistered marriage is still a marriage in the eyes of USCIS/DOS. At the time my husband and I filed our I-130 petition, our marriage was not registered (We had difficulty registering it under the Hindu Marriage Act). Our petition was approved with no trouble. We didn't end up getting our marriage registered until much later when we were in the NVC stage.

Plenty of Indian couples who marry in temples never register their marriages and are considered husband and wife although this is gradually lessening due to marriage registration being made compulsory in most states across India.

As other members have said, the future of your case will be based on what your wife said during her interview. If a ban is imposed, a waiver option will be available but will potentially delay your case by some time. An immigration attorney is advisable.

[JayJayH 546]

I applied for k1 in September we didnt even had a plan to get married I haapend to go to india we decided to do the weeding but in my eyes I was thinkin in US even if even if go to church and do the ceremony we still not married couple until we go to court house and do our weeding. And pkus my weeding is hasnot been registered in india so I am still married or I can do some about this

There really is only one thing you can do here. Since you're married, she is not eligible for a K-1 visa, hence it was denied. You will have to file an I-130 for her, and she'll apply for a CR-1 visa.

Whether she has triggered a ban or not is difficult to say. It depends on the reason for denial really, and what's 'on paper.' If it's on paper that she lied about being married, then she likely has a ban for material misrepresentation. This is generally a lifetime ban, but can be waived. Read about I-601 waivers.

If they denied her K-1 because she was married, and nowhere is it noted that she lied, she may not have triggered anything - However, this would be a stroke of luck if anything.

I would play it safe, file the I-130, and at least consult with an attorney experienced in I-601 waivers.