K1 with Undocumented student in france

[Abdouk 1]

1 minute ago, Lemonslice said:

If they call her parents and ask if you guys are married - what would their answer be?

Basicaly they would say no because we dont have nothing to proove that i wasnt even there and we dont have no marrige certificate its just a kind of tradition to us so me and her can meet physically 

[Roel 7,192]

Pretty sure if you don't have a legal residence in the country, you have to go back to YOUR country of origin and have an interview there.

 

I say don't bother with K1. People get denied over their "religious" or "private" weddings all the time. Do the spouse visa.

[Ebunoluwa 6,136]

With a religious ceremony (even though you were only on the phone and not physically present) and with you being undocumented

in France I would not risk a K1 which could easily be denied and then you would have to file again. Compare that to getting legally married,

file a CR1 and if the visa is refused due to your undocumented issue you would have a second chance to interview in your country.
K1's expire, no second chances like with a spousal visa.
The added benefit of the CR1 is the problem with the religious ceremony is no longer a potential stumbling block.

Some embassies let some undocumented beneficiaries slip through and many will deny the visa.
Why not fix your undocumented issue, marry and file a CR1 instead of taking chances ?

Don't do what is fastest but what is the most stable route to go.

 

[Ash.1101 1,756]

55 minutes ago, Abdouk said:

Basicaly they would say no because we dont have nothing to proove that i wasnt even there and we dont have no marrige certificate its just a kind of tradition to us so me and her can meet physically 

Would they say no because you have no proof or would they say no because you never got religiously married. They don't like technicalities, and they don't like being played with either. You say it happened, just because you have no physical proof doesn't mean it didn't happen.


Obviously at some point this religious marriage was something that ya'll did so she could meet you, if they called HER parents would they says he was religiously married or not? 

What religion do ya'll practice?


 

1 hour ago, Abdouk said:

Ok i will take that into account i just would like to say that for our marriage i wasnt even in place they got me through the phone and that it and no papers no nothing its was just an excuse for her parents to let him com here in france to see me so i dont knoe if i can consider it as a real wedding cause we plan to do a real one once we back to senegal in 2 years 

Also, it's helpful to note that K-1 is for people who intend on getting married. It's a fiance visa. You say your school work is done next month and now you want to go be with your girlfriend, and that you are going to get married in two years in sengal. Are you going to do a court wedding when/if you come in on a K-1? Because you can't just come in on a K-1 to live, you HAVE to get married (or leave) and then you have to apply for adjustment of status.



And again, sometimes too much information hurts your case. You went from being religiously married to someone for 3 years (important to show your relationship), to it was just over the phone and you only did it so your girlfriend could come to France and meet you (much less important), to you're not even sure if it's really a real marriage so why does it matter anyways (Now unimportant)
 

Edited January 21, 2017 by Ash.1101

[Abdouk 1]

18 minutes ago, Ebunoluwa said:

With a religious ceremony (even though you were only on the phone and not physically present) and with you being undocumented

in France I would not risk a K1 which could easily be denied and then you would have to file again. Compare that to getting legally married,

file a CR1 and if the visa is refused due to your undocumented issue you would have a second chance to interview in your country.
K1's expire, no second chances like with a spousal visa.
The added benefit of the CR1 is the problem with the religious ceremony is no longer a potential stumbling block.

Some embassies let some undocumented beneficiaries slip through and many will deny the visa.
Why not fix your undocumented issue, marry and file a CR1 instead of taking chances ?

Don't do what is fastest but what is the most stable route to go.

 

Yeah you are right i will do what u say but i just have 1 problem with that when my fiance was filing her citizenship 1year ago she didnt mention that we got religiously married so they thought she single and i dont know if cant bring so prblem to it 

[Abdouk 1]

16 minutes ago, Ash.1101 said:

Would they say no because you have no proof or would they say no because you never got religiously married. They don't like technicalities, and they don't like being played with either. You say it happened, just because you have no physical proof doesn't mean it didn't happen.


Obviously at some point this religious marriage was something that ya'll did so she could meet you, if they called HER parents would they says he was religiously married or not? 

What religion do ya'll practice?


 

Also, it's helpful to note that K-1 is for people who intend on getting married. It's a fiance visa. You say your school work is done next month and now you want to go be with your girlfriend, and that you are going to get married in two years in sengal. Are you going to do a court wedding when/if you come in on a K-1? Because you can't just come in on a K-1 to live, you HAVE to get married (or leave) and then you have to apply for adjustment of status.



And again, sometimes too much information hurts your case. You went from being religiously married to someone for 3 years (important to show your relationship), to it was just over the phone and you only did it so your girlfriend could come to France and meet you (much less important), to you're not even sure if it's really a real marriage so why does it matter anyways (Now unimportant)
 

We are both muslim and when i say we gonna go te Senegal for the wedding i just mean we planned to go there in order to have a big feast invinting friends and all that but not getting married on the papers again that thing we gonna have it in the usa One i have the k1 and thats it. And one thing to add when my wifey was filling her citizenship 1 year ago she didnt mention me as her husban on the application so dont u think its kind of risky to say we get married religiously 3 years ago ??? And by the way her parents are going to say know if they ask them 

Edited January 21, 2017 by Abdouk

[Roel 7,192]

If you got married and she didn't mention that in her paperwork, that's definitely not good.

You're kind of bringing troubles on yourself by making all this way over complicated... Not to mention the story of your relationship sounds pretty weird, but I'm not saying that to judge you. Immigration people will think the same.

 

Fix your legal residence status. File CR1, spouse visa. Pray to your god that "wife's" paperwork won't be an issue.

[Ash.1101 1,756]

I think the best thing in your situation is to go ahead and get legally married and do a spousal visa. You're risking too many "what if they find out"s for K-1, and they most likely will find out things that you may not want them too. At least if you're legally married, you can say YES I am married!

Go back to your home country or try to fix your immigration status in France, marry outside of the US (since it'll probably to hard to get your a vistor visa), and go for a spousal visa.

[Boiler 45,525]

When will you be going home? You will need your French Police Certificate.

[Ebunoluwa 6,136]

6 hours ago, Abdouk said:

Yeah you are right i will do what u say but i just have 1 problem with that when my fiance was filing her citizenship 1year ago she didnt mention that we got religiously married so they thought she single and i dont know if cant bring so prblem to it 

 

If they consider you both to be married then yes it will have bad consequences for her citizenship, fraud and misrepresentation
may or may not be a fact.
The burden of proof is on you to be able to convince them that your marriage ceremony (with you on the phone) was just a
means perhaps for her parents to allow to meet you physically and by no means legally binding. You should consult an immigration

 attorney on this because we do not have any details on what exactly was said or done during this ceremony nor do I claim to be well versed in
Muslim marriage procedures, legal or not. If you have a field investigation and they go around asking family, friends and neighbors
if they consider you married then you will have issues.

Always be truthful when asked but consult an immigration attorney, one who will understand your cultural situation.
We have seen many traditionally engaged people (no marriage ceremony) get denied in certain embassies because they were

assumed to be married and we have seen some couple be transparent with ceremonial non binding events that were approved.
There are no guarantees.
Again, marry and file a CR1 AFTER you fixed your undocumented situation in France.


 

[f f 725]

1 hour ago, Ebunoluwa said:

Again, marry and file a CR1 AFTER you fixed your undocumented situation in France.

no reason to delay paperwork

 

marry, dosent matter where just get a paper certificate so it is legal for uscis

file paperwork

consult lawyer on what you wife/girlfriend is going to do about her citizenship.

if you can get your interview in France great otherwise you will need to alert them to a change of address back to where you do have legal residence.

[Ebunoluwa 6,136]

50 minutes ago, f f said:

no reason to delay paperwork

 

marry, dosent matter where just get a paper certificate so it is legal for uscis

file paperwork

consult lawyer on what you wife/girlfriend is going to do about her citizenship.

if you can get your interview in France great otherwise you will need to alert them to a change of address back to where you do have legal residence.

 

 

That's not quite how it works, he can schedule the interview in France, he has to pick an embassy and only after the interview will

they say A. approved or B, you are undocumented here and therefore the visa is refused, get legal or interview in Senegal. Not before.
He is currently in the process of fixing his status and the petition should be delayed and frontloaded with correct legal status for the desired
outcome.
 

[NikLR 13,227]

1 hour ago, Ebunoluwa said:

 

 

That's not quite how it works, he can schedule the interview in France, he has to pick an embassy and only after the interview will

they say A. approved or B, you are undocumented here and therefore the visa is refused, get legal or interview in Senegal. Not before.
He is currently in the process of fixing his status and the petition should be delayed and frontloaded with correct legal status for the desired
outcome.
 

No it's quite possible that they will ask for proof of legal presence before scheduling an interview.  They do that in Montreal all the time. 

[ptm897 41]

You may not be allowed to process at the AMCON in France if you do not have a legal status there, you may have to return to Senegal to process, many times you have to ask the specific consulate that you want to process in permission in advance to process there if it is not your country of origin and you are not a resident of that country.    Have your American Fiance ask her U.S. Senator or U.S. House of Representatives to do a Congressional Inquiry and ask that Consulate in Paris, France if they will allow you to process your K1 visa in France, if they say Yes, then it should be OK.  Have you checked the AMCON website for Paris to see what their regulations are?  The State Department can be funny about these things, but it might be possible.   Is your American Fiance on this message board?  If so have her start inquiring into this with her Congressman's Offices.   

 

I just went back and saw in your OP that you mention that you are currently in France legally on a student visa but it finishes next month, so is there anyway that you can extend your student visa at all?  If your Fiance files the K1 right now, it will still take around 3 to 4 months for it to be approved here in the U.S. and then it gets sent abroad to the Consulate,  so if you don't extend your visa and are undocumented then it might be hard to process there, I'm not sure, as I have not dealt with the State Department now for a while in my job since I don't interview cases anymore, but I still say your Fiance needs to start asking for help here in the U.S. with her questions by going to the Congressman's office to get some answers for her.  Also you really may want to consider just going back to Senegal and having the K1 processed in Dakar.    

 

I have not read all the posts to your question but if you are legally married already then you cannot do the K1 visa and your Fiance/Wife, must then file the I-130 visa and it is best to just process this back in Dakar at the AMCON there.  You will need to get a Police clearance certificate for France and you should get that before you leave France and bring it back with you to Senegal.  Anytime you have lived in more than one country you will need to get Police Clearance letters from each country and even if you plan on trying to Process in France you will then need the Police clearance letter from Senegal, and that might be harder to get if you are in France, at least while you are in France legally you can get the Police clearance letter in France and just bring it with you and go back to Senegal to process.  

Edited January 22, 2017 by mtp897

[Abdouk 1]

2 hours ago, ptm897 said:

You may not be allowed to process at the AMCON in France if you do not have a legal status there, you may have to return to Senegal to process, many times you have to ask the specific consulate that you want to process in permission in advance to process there if it is not your country of origin and you are not a resident of that country.    Have your American Fiance ask her U.S. Senator or U.S. House of Representatives to do a Congressional Inquiry and ask that Consulate in Paris, France if they will allow you to process your K1 visa in France, if they say Yes, then it should be OK.  Have you checked the AMCON website for Paris to see what their regulations are?  The State Department can be funny about these things, but it might be possible.   Is your American Fiance on this message board?  If so have her start inquiring into this with her Congressman's Offices.   

 

I just went back and saw in your OP that you mention that you are currently in France legally on a student visa but it finishes next month, so is there anyway that you can extend your student visa at all?  If your Fiance files the K1 right now, it will still take around 3 to 4 months for it to be approved here in the U.S. and then it gets sent abroad to the Consulate,  so if you don't extend your visa and are undocumented then it might be hard to process there, I'm not sure, as I have not dealt with the State Department now for a while in my job since I don't interview cases anymore, but I still say your Fiance needs to start asking for help here in the U.S. with her questions by going to the Congressman's office to get some answers for her.  Also you really may want to consider just going back to Senegal and having the K1 processed in Dakar.    

 

I have not read all the posts to your question but if you are legally married already then you cannot do the K1 visa and your Fiance/Wife, must then file the I-130 visa and it is best to just process this back in Dakar at the AMCON there.  You will need to get a Police clearance certificate for France and you should get that before you leave France and bring it back with you to Senegal.  Anytime you have lived in more than one country you will need to get Police Clearance letters from each country and even if you plan on trying to Process in France you will then need the Police clearance letter from Senegal, and that might be harder to get if you are in France, at least while you are in France legally you can get the Police clearance letter in France and just bring it with you and go back to Senegal to process.  

I didnt know that i can ask the embassy if i can do that i will try it its a good idea the other think is a guy in this webside told me that last year he did his interview in france and they didnt ask for it all they ask from here is the police report . I just wanna knoe wats gonna happen if they denie me the visa when do i have to ask for it again