Sticky K1 situation

[Ahmed&Freda 628]

2 hours ago, MrCIA said:

Thank you all for the replies. Many have same mindset as me not seeing this as marriage however, the reality is the consulate will.

 

Question on my mind is how to a avoid the misunderstanding? I'm researching the vetting process and understand we will be walking a fine line: Walking this line will not include any fraud as I would not risk a perma ban. 

- No mention of ceremony (obviously)

- No mention of my family traveling to meet beneficiary's family/ ceremony

- Social media accounts to be deleted/ sterilized to the greatest extent possible

- Beneficiary to be coached on how to answer common interview questions in a truthful but general fashion. 

 

 

Any other input from those smarter and/or more experienced than I?

 

 

 

My advice is to not try to hide it. 

[Auds 223]

Please answer to yourself 

- in that country is the church ceremony binding?

 

if yes do not attempt to continue K1, this can catch up even years later.

 

you are right that if you are not a red flag case/ country they won't be actively looking to see if you did indeed have a ceremony - but these things can come up.  Say she is from the Philippines and needs a CENOMAR ( new one).  Say somehow the question gets asked and she lies as the plan is to not talk about the ceremony then we get into dangerous grounds of being banned.

 

say this day she considers her wedding day and AOS time it's mentioned or ...  don't risk it.. easy to slip under the radar but the risk is too high.

[bakphx1 789]

We are all guessing.  First what country?  What ceremony?  Does your country consider you eligible to marry as of today? 

[MrCIA 0]

Thank you all for the input. This is heart breaking to read but I must face reality and file the CR-1. I can't risk our future over this. 

[EandH0904 1,184]

40 minutes ago, MrCIA said:

Thank you all for the input. This is heart breaking to read but I must face reality and file the CR-1. I can't risk our future over this. 

Well first you have to get legally married if you arent.....are You? 

[Going through 5,671]

1 hour ago, MrCIA said:

Thank you all for the input. This is heart breaking to read but I must face reality and file the CR-1. I can't risk our future over this. 

So then are you legally married according to the beneficiary's country's laws?

 

If not, you can't file the CR-1.  Waste of money, waste of a lot of time, and will lead to a denial if determined you are not legally married.

 

If not sure, we can help you determine whether you are legally married or not if you disclose the name of the country.

Edited December 7, 2017 by Going through

[OlayemiLoray 172]

And still didn't mentioned the country the beneficiary is from.....

[O&GForever 387]

For those who say it shouldn’t be a problem, it very well could be...even despite the laws in that country. Our K1 was denied because a picture from an engagement party was interpreted as a wedding. We didn’t consider ourselves married, but the CO did so we went back to square one...got married...and applied again. 

 

At this point, there isn’t much you can do other than wait for the interview. Hope for the best and prepare for the worst. 

 

A few thoughts...Did you submit chats from social media? If so, the embassy might find it strange there are no more accounts. What do you do if they ask during the interview? You can’t lie to them because then you will have a bigger problem to deal with. Also, sometimes the embassy go out and interview friends and family. If a family member confirms the ceremony, it’s a problem. 

 

I am sorry you’re in the situation. I know you’re trying to fix it, but it may be too late. 

 

[MrCIA 0]

1 hour ago, Snisia said:

And still didn't mentioned the country the beneficiary is from.....

I'm not being rude. I only wish to protect my-self and beneficiary from any incrimination. As other have mentioned.. You never know who's watching the forums.

[Nitas_man 3,100]

5 hours ago, MrCIA said:

Thank you all for the input. This is heart breaking to read but I must face reality and file the CR-1. I can't risk our future over this. 

 

Dude:  Not one of us would give you advice that would possibly risk your (or your wife's) future nor in any way advise you to skirt the boundaries of immigration law.  You have been unclear as to what kind of party you had and where it was held. 

 

We got married in my wife's country.  I got the marriage documents, had them translated, and they processed the I130 beside everyone else's.

 

IF:  You had an unofficial religious ceremony then you have to either:

 

Discuss it truthfully with the CO at the interview and wait for a ruling (risks delay but XX points for being truthful, no penalty to you or your wife for guessing what to do)

 

OR:

 

You need to legalize it, obtain the documentation for legal marriage, and file for a CR1. 

 

Me?  If I had a doubt I would email the IV (Immigrant Visa) unit and copy the ACS (American Citizen Services) at your S/O's nearest embassy or consulate, explain your situation, explain that you are the American citizen, you don't really know what to file, and ask.  They are interested in weeding out bad cases but are generally helpful in advising what you have to do to take a legal path through the system.  Your situation is country-specific and without knowing which country and exactly what kind of party this was we are guessing at whether or not it was a wedding.

 

I suspect from your answer that the two of you expressed some vows and a clergyman was in attendance and this is NOT something that should not be discussed, coached away, or hidden.

[MrCIA 0]

1 hour ago, O&GForever said:

For those who say it shouldn’t be a problem, it very well could be...even despite the laws in that country. Our K1 was denied because a picture from an engagement party was interpreted as a wedding. We didn’t consider ourselves married, but the CO did so we went back to square one...got married...and applied again. 

 

At this point, there isn’t much you can do other than wait for the interview. Hope for the best and prepare for the worst. 

 

A few thoughts...Did you submit chats from social media? If so, the embassy might find it strange there are no more accounts. What do you do if they ask during the interview? You can’t lie to them because then you will have a bigger problem to deal with. Also, sometimes the embassy go out and interview friends and family. If a family member confirms the ceremony, it’s a problem. 

 

I am sorry you’re in the situation. I know you’re trying to fix it, but it may be too late. 

 

Sorry to hear. If you don't mind me asking, how did they become aware of said photo?

 

I'm teeter-tottering on if I should continue to pursue the K1 knowing that we have to be honest and that may lead to a denial. We are only weeks away from out NOA2 so worst case it sets us back a month or two on the CR1.

 

Good point. There is one piece of evidence that could cause suspicion. To what extent to they vet social media? I.e. should I expect a FB friend request for the embassy? Can the compel us to share our social media accounts?

 

[Nitas_man 3,100]

16 minutes ago, MrCIA said:

I'm not being rude. I only wish to protect my-self and beneficiary from any incrimination. As other have mentioned.. You never know who's watching the forums.

Nobody "watching" a forum is going to "penalize or incriminate" you for asking what to do or how to file under what appears to be a gray area situation

[Nitas_man 3,100]

5 minutes ago, MrCIA said:

Sorry to hear. If you don't mind me asking, how did they become aware of said photo?

 

I'm teeter-tottering on if I should continue to pursue the K1 knowing that we have to be honest and that may lead to a denial. We are only weeks away from out NOA2 so worst case it sets us back a month or two on the CR1.

 

Good point. There is one piece of evidence that could cause suspicion. To what extent to they vet social media? I.e. should I expect a FB friend request for the embassy? Can the compel us to share our social media accounts?

 

If you are still looking for advice on how to hide something from a CO in an interview or the likelihood of something you are hiding being found out you need to move on.  Can't be any clearer or more direct on that.

 

If there is doubt about this tell the truth at the interview and let the CO make a ruling. 

Edited December 8, 2017 by Nitas_man

[Nitas_man 3,100]

4 minutes ago, MrCIA said:

Sorry to hear. If you don't mind me asking, how did they become aware of said photo?

 

I'm teeter-tottering on if I should continue to pursue the K1 knowing that we have to be honest and that may lead to a denial. We are only weeks away from out NOA2 so worst case it sets us back a month or two on the CR1.

 

Good point. There is one piece of evidence that could cause suspicion. To what extent to they vet social media? I.e. should I expect a FB friend request for the embassy? Can the compel us to share our social media accounts?

 

Is there some kind of marriage document related to this party?  If not it sets you back more than weeks.  You have to make that right first.

[MrCIA 0]

Why CR-1 over K3? I understand the "straight to a green card" benefit but, is it really worth that wait given we expected to be together by spring?

 

I-130	Petition for Alien Relative	Permanent resident filling for a spouse or child under 21	August 23, 2016

 

I-129F	Petition for Alien Fiance(e)	K-3/K-4 - Already married - spouse and/or dependent child	May 1, 2017