221g Confusion - Where is my fiance's case??

[Crazy Cat 42,213]

7 hours ago, SanjivJivan said:

In retrospect, it would have been so much easier to just get married.

A lot of posters say this.  Even some who have had approved K-1s.

 

If they refused your K-1 because they think your ceremony was a marriage, your K-1 application will likely be sent back to USCIS, where it will expire......No 2nd interview....no appeal.....

Sorry for being so pessimistic, but this situation is more common on VJ than one might think........and it very rarely, if ever, ends happily, ....short of filing a spousal visa.

 

Good luck on your journey.

[geowrian 22,338]

Yup, this K-1 is dead. Legally marry and do the CR-1.

 

7 hours ago, cyberfx1024 said:

Edit: Where have you seen here on VJ where anyone has said to actually do a religious ceremony?

I've seen it a few times, unfortunately. smh People are quick to jump on it, but there are still many comments from members that they think it will be fine.

Edited March 16, 2018 by geowrian

[SanjivJivan 1]

Thanks for your replies everyone. Usually I'm not too keen to post online about my personal life, but I appreciate getting some feedback. Personally I don't like all the back and forth with forums, but at the same time I am absolutely indebted to all the information I have gained from reading posts on here.

 

I was confused because I thought 221g was always further review, but what I am hearing is you can have documents requested under 221g or just be flat-out denied under the same clause. I have never seen the words denied anywhere so I was under the impression it was still being reviewed. But again, I have been back and forth about believing it was denied or not because of not having a straight answer. I am glad to have a clearer view of how to move forward. 

 

I saw someone was wondering why even apply for him to immigrate if I don't want to stay in the US. Well, I am from here, and imagine I will always visit here, even if I am not living here year round. My hope was that my fiance and I could earn some American salaries for a few years and move back to Nepal when we were financially better off. I doubt I am the only one who has gone for this visa for that purpose, although more applicants are looking to settle here. I don't think my partner has a chance at getting a business visa, and the main purpose for his coming here, apart from being my sweetheart and being together as a family, would be to work and build our lives. 

 

One more question that has come up is whether there might be a better option (ie visa) for him to visit the US, given our situation. I understand UK nationals can and do visit while petitioning/applying for CR1 visa, but what about from countries where visas are harder to obtain? I have no clue if that is feasible, but I guess I'm just brainstorming now. Or other work visa options... is it a guaranteed no even if you apply for that kind of visa after legal marriage to a citizen (not before; obviously it screams fraud if you do it while still unmarried with a k1 denial)... Does anyone have any suggestions?

[TNJ17 1,329]

With him having a pending immigrant petition and being from where he is it will be really hard to get anything else short of a CR1 Visa unfortunately. He would have to prove very strong ties to his country to even be considered for any visiting Visa or business and he would have to be very convincing at his interview and POE shall he be successful in getting a visa that he is definitely going home after a visit and not staying and adjusting status. Truth is he’s got a denied K1 and possibly a CR1 on the way should you decide to apply and he wants to visit while waiting. Immigration will see that he’s been denied a K1 and a pending CR1 and will think he’s trying to cheat the system and move without an immigrant visa and no matter how much you both say he is not doing it it will be really hard to convince a CO. 

 

Really your best bet is go get married and apply for CR1. You can go visit each other in another country or even get married in another country. You can get married anywhere. Make peace that you made a mistake and that this is gonna take another year or so from the date of filing. And that you’re gonna have to start all over. 

 

It is also worth mentioning that an immigrant visa is exactly that for immigration purposes. So if you are not planning on living in the US after a while he will lose his permanent residency status. You cannot come to the US on an immigrant visa, get a greencard and stay a while then pack up and move without consequences. US citizens can do that but permanent residents, which is what your husband will be, cannot. If they spend a certain amount of time outside of the US after obtaining a greencard, they will lose their greencard. I think you and your husband need to sit down and study this entire process and figure out what you want and pursue it. I am sorry to say but it seems to me that you know very little about any immigration process and you’re really gonna get hit hard in the face every time you try something and it doesn’t turn out your way. Like I mentioned before research, research and then research some more and find the better option for you both. Familiarize yourselves with everything about US immigration because it’s very complex and meticulous but the information is out there at your disposal if you just look for it. 

Edited March 16, 2018 by TNJ17

[SanjivJivan 1]

TNJ17, of all the replies, yours seem the most aggressive. Not because you are being truthful, but because of your tone. I appreciate the information. I really do. However given what an emotionally charged process this visa is, I think everyone can hold the snark and just appreciate where someone is coming from. It's a little much to say I know little about immigration. I don't know a ton, nor do I know nothing. An average amount, I'd say. There were many hurdles I overcame with the K1 process, and our case was complicated, but it just so happens that this religious ceremony thing was the one hurdle I didn't overcome. I do understand enough about a green card, and that you can travel abroad for periods of less than a year. And even then, you cannot give the impression you don't want to stay in the U.S. Then after 3 years you can try to become a citizen. That would be the perfect situation, but luck isn't usually on my side. I haven't gone into the intricacies of my fragile future plans, but I'm just saying that a year setback is a major disappointment given that I want my son's father here now while I am a student, which is only 2 more years. That is a topic for another day, but just realize there are all kinds of people and all kinds of situations. It's not always meet twice, apply for K1, live happily ever after in America. There's nothing wrong with having unorthodox and even international plans as long as they are legal. And every couple/family is different. Any plans relating to immigration are hypothetical in nature, because it all hinges on the government's decision. 

[OutOfThisWorld 87]

It is understandable that the process is emotionally convoluted for the persons personally invested in it. But if you want other people/entities do something for you, make it easy for them. That is your best chance.

 

Trust us; you do not want overworked and underpaid government employees trying to wrap their minds around the intricacies of your unorthodox approaches. Try to present your case in as simple and straightforward way as possible. And strive for the least amount of complications.

 

These things take loooooong time. So, research everything the best you can, and double-triple-quadruple check everything before pulling the trigger.

 

Good luck.

[NJI751 12]

Sent you a private message.

 

Context: Nepal specific advice.

Edited March 17, 2018 by NJI751

[Maria1989 403]

2 minutes ago, SanjivJivan said:

TNJ17, of all the replies, yours seem the most aggressive. Not because you are being truthful, but because of your tone. I appreciate the information. I really do. However given what an emotionally charged process this visa is, I think everyone can hold the snark and just appreciate where someone is coming from. It's a little much to say I know little about immigration. I don't know a ton, nor do I know nothing. An average amount, I'd say. There were many hurdles I overcame with the K1 process, and our case was complicated, but it just so happens that this religious ceremony thing was the one hurdle I didn't overcome. I do understand enough about a green card, and that you can travel abroad for periods of less than a year. And even then, you cannot give the impression you don't want to stay in the U.S. Then after 3 years you can try to become a citizen. That would be the perfect situation, but luck isn't usually on my side. I haven't gone into the intricacies of my fragile future plans, but I'm just saying that a year setback is a major disappointment given that I want my son's father here now while I am a student, which is only 2 more years. That is a topic for another day, but just realize there are all kinds of people and all kinds of situations. It's not always meet twice, apply for K1, live happily ever after in America. There's nothing wrong with having unorthodox and even international plans as long as they are legal. And every couple/family is different. Any plans relating to immigration are hypothetical in nature, because it all hinges on the government's decision. 

I understand your frustration with the poster and it comes across in a rude manner, agreed. However, it is the truth. The religious ceremony with a Priest was too much and certainly not appropriate to put in a K-1 Petition. I work for a law firm and I have never seen a firm suggest something of the sort, it’s contradictory to the K-1 petition itself. You situation is difficult and is going to require a lot of thought and consideration. Good luck to you and I hope you make the best decision that suits you and your family. 

[Jaquelly 1,647]

TNJ can be a bit rude. They used to miff me when I first came around, but if you cut the emotion out of yourself when you read their replies, it's good information and solid to think back to going forward.

 

We're all burnt out about the topic. We see it at ALL the time. Good luck moving forward.

[SanjivJivan 1]

21 minutes ago, Jaquelly said:

TNJ can be a bit rude. They used to miff me when I first came around, but if you cut the emotion out of yourself when you read their replies, it's good information and solid to think back to going forward.

 

We're all burnt out about the topic. We see it at ALL the time. Good luck moving forward.

Right, well the topic got steered towards 'is unofficial marriage bad for k1' which wasn't my question. I found that out after one brutal google search in the middle of the night on Valentine's day. Like I said, even though I read a lot about other things, that never came up before until the moment of truth.

 

My question was just, is this case at the embassy under AP or sent to USCIS and denied. And the consensus is that it is denied. Go figure. 

[yuna628 9,712]

OP: Unorthodox or not, I think what some posters here are attempting to get at is that you need to consider the current plan you have. Now, let's say you decide to file for the marriage visa, bring him here, he gets his green card and you live a while. You say you want to do this so that you can both work here and save. Sure that's fine. But that's assuming that plan... well, actually goes according to plan. You assume that he will find a job, maintain it, and overcome most obstacles that all immigrants have to overcome obtaining one. But, let's say it all works out - you save up. How many years and how many savings will be enough? And when you return back to Nepal, set up shop to live there - his green card will be void. Let's hope that things go successfully for you both living lives in Nepal, and that at some point in the future you don't wish to return, because in that case, without sorting out his future in America and his status on a permanent basis, he can't return. I'm not saying that this will happen (some leave and don't come back), but I've certainly seen it happen.

 

So I would like to ask you, if you intend to go through the lengthy and expensive process to bring him to America, to consider to take the years needed in addition to that to sort his status out. I don't know if Nepal allows dual citizenship, but if it's an option by that point, I'd encourage it. Don't shoot yourselves in the foot, per say - but think of all options.  Understand that once he's obtained a status, and he gives up or loses that status, by moving back to his home country... if you ever want to come back, things will become very difficult for him by that point. Yes, being apart is disappointing, and I can imagine even worse with a child... the process is stressful, expensive, and requires tears and hard work, and I think you'll find many of us on this forum didn't have it easy to bring our fiancés and spouses over. We're all in our own way, trying to offer the best advice we can.

Edited March 17, 2018 by yuna628

[Sav&Har 142]

1 hour ago, Jaquelly said:

TNJ can be a bit rude. They used to miff me when I first came around, but if you cut the emotion out of yourself when you read their replies, it's good information and solid to think back to going forward.

 

We're all burnt out about the topic. We see it at ALL the time. Good luck moving forward.

And I am probably the devil's advocate here. But that rudeness, at least in this particular post is completely unnecessary. I understand, and if I remember correctly in the last 5 or so months there have been about 5-6 mayor cases if not more of people that either were warned about this, did it anyway and got denied, or people that after they were told that was the reason of denial they turned aggressive at posters that gave them the advice and information, or others that regardless of what USCIS says on the matter they still wanted to argue that they did nothing wrong and they were just 'targeted'. OP seems differently. I mean, just read OP and subsequent replies, it clearly shows that OP wasn't aware of the situation, even if is common sense, people make mistakes. OP is even admitting the mistake unlike those other instances. I can honestly see OP calling him/her out on it and it's clearly not because OP doesn't like the answers gotten or the truth. 

OP. Wish you best of luck on your new journey! unfortunately, starting over again.

Edited March 17, 2018 by Sav&Har

[mcfarljw 36]

23 hours ago, TNJ17 said:

I don’t understand why people are still making this mistake. 

I do. It's obviously something that isn't clear to everyone since it keeps coming up on the forum. Given it's something that does come up so much here it doesn't really show up on any "what not to do" or "common mistake" lists or as warnings on any guides. It's just something you find if you are specifically looking for it or happen to stumble upon it in a post, usually a bit too late.

 

Seems like it might be something useful to mention on the website somewhere in the guides rather than scattered about this forum in various posts.

Edited March 17, 2018 by mcfarljw

[NJI751 12]

2 hours ago, mcfarljw said:

I do. It's obviously something that isn't clear to everyone since it keeps coming up on the forum. Given it's something that does come up so much here it doesn't really show up on any "what not to do" or "common mistake" lists or as warnings on any guides. It's just something you find if you are specifically looking for it or happen to stumble upon it in a post, usually a bit too late.

 

Seems like it might be something useful to mention on the website somewhere in the guides rather than scattered about this forum in various posts.

Definitely.

Moderator should make this "unofficial ceremony" warning a sticky in the K1 thread. I did not make this mistake when going through the process, but I can also see, I could have easily made that mistake.

[Maria1989 403]

2 hours ago, mcfarljw said:

I do. It's obviously something that isn't clear to everyone since it keeps coming up on the forum. Given it's something that does come up so much here it doesn't really show up on any "what not to do" or "common mistake" lists or as warnings on any guides. It's just something you find if you are specifically looking for it or happen to stumble upon it in a post, usually a bit too late.

 

Seems like it might be something useful to mention on the website somewhere in the guides rather than scattered about this forum in various posts.

I myself don’t see how this is a common mistake. An unofficial ceremony or religious ceremony is basically you marry without filing the paperwork and in many countries having a ceremony with a “priest” or other religious figure makes you married. The USCIS is clear when it says that if you are legally married in your country they consider that marriage valid. Some people go get their paperwork after to present to the USCIS. I know many legally married people in Africa without a “marriage certificate”. Basically you got dressed up and stood in front of a religious figure of your beliefs or faith and made vows to each other. Sounds like a marriage without the paperwork that is required in the US, some US states even had what they referred to as common law marriages. 

 

Not only is it a mistake to do, but then an even worse mistake to include it in a package where you are telling the US government that you intend to get married. Sometimes people ask about it on this forum and then still do it. So sometimes it’s a case is being stubborn and basically at that point “you get what you get”. Not the case here....... but sometimes people need to properly read the instructions, research, or either hire an attorney. Unless you have lots of money and time to waste. 

 

I really feel sorry for the OP. However this is something you want to prepare properly for because it’s certainly a journey. 

Edited March 17, 2018 by Maria1989