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

[TNJ17 1,329]

It literally says you have to be unmarried in order to be issued this visa. It doesn’t get anymore clear than that. 

[Maria1989 403]

2 minutes ago, TNJ17 said:

It literally says you have to be unmarried in order to be issued this visa. It doesn’t get anymore clear than that. 

True, but for some reason people believe if they plan a “ceremony” get dressed up, invite guests, get a photographer or take photos and have a religious figure “marry them” or “take vows” then skip the legally filing of the paperwork or not registering it makes them not married. I don’t understand it either, and it is very clear but for some reason people keep doing it, and even worse including pictures 😳. It confuses me, if you do all that register it and just do the spousal it’s cheaper in the long run anyway. Now, K-1 waits are sometimes almost as long as a Spousal anyway. 

[TNJ17 1,329]

3 minutes ago, Maria1989 said:

True, but for some reason people believe if they plan a “ceremony” get dressed up, invite guests, get a photographer or take photos and have a religious figure “marry them” or “take vows” then skip the legally filing of the paperwork or not registering it makes them not married. I don’t understand it either, and it is very clear but for some reason people keep doing it, and even worse including pictures 😳. It confuses me, if you do all that register it and just do the spousal it’s cheaper in the long run anyway. Now, K-1 waits are sometimes almost as long as a Spousal anyway. 

Yeah I don’t get it. Seems pretty obvious to me. 

[Crazy Cat 41,847]

7 minutes ago, Maria1989 said:

True, but for some reason people believe if they plan a “ceremony” get dressed up, invite guests, get a photographer or take photos and have a religious figure “marry them” or “take vows” then skip the legally filing of the paperwork or not registering it makes them not married. I don’t understand it either, and it is very clear but for some reason people keep doing it, and even worse including pictures 😳. It confuses me, if you do all that register it and just do the spousal it’s cheaper in the long run anyway. Now, K-1 waits are sometimes almost as long as a Spousal anyway. 

I really don't understand why people apply for a K-1 when they are already living with or near their fiance.  It makes no sense, imo. 

[SanjivJivan 1]

59 minutes ago, Maria1989 said:

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. 

Each country is different. Even though Nepal and India are similar culturally, Indian law makes a religious ceremony a marriage while Nepal does not. Granted in both countries getting married at the age of 14 with a ceremony is all too common, though perfectly illegal.

 

In my case, I read that it was okay to have done unofficial rites/marriage during the petition stage, and wrote very clearly and honestly that we already had a religious ceremony and in my mind considered it excellent proof of being a bona fide couple. I wrote that in the petition and during the consular phase. I did my best to research things, but as mentioned before, at that stage I had really limited internet access. I never thought about it again, since the petition was approved, and I had stated it there. Like I said, I learned about it being a problem the day of the interview when the consular officer said you are already married and refused the visa. I searched online and of course a million results came up. I don't have any illusions about it now, and was here to ask a question about 221g, not religious ceremonies, but I do think it is definitely worth having a discussion about.

 

I think it's a very easy mistake to make, actually, because the law is the law and religion is religion usually. Is a baptism the same as a birth certificate? Does giving a eulogy for a loved one give you access to their bank account? The K1 visa sees the religion and law as more interrelated, and I totally understand that, especially when some nations do legally recognize marriage without paperwork. But I do NOT think it is intuitive, it's just that it seems obvious if you have already heard about denials based on this issue. 

[Ebunoluwa 6,136]

2 hours ago, SanjivJivan said:

Each country is different. Even though Nepal and India are similar culturally, Indian law makes a religious ceremony a marriage while Nepal does not. Granted in both countries getting married at the age of 14 with a ceremony is all too common, though perfectly illegal.

 

In my case, I read that it was okay to have done unofficial rites/marriage during the petition stage, and wrote very clearly and honestly that we already had a religious ceremony and in my mind considered it excellent proof of being a bona fide couple. I wrote that in the petition and during the consular phase. I did my best to research things, but as mentioned before, at that stage I had really limited internet access. I never thought about it again, since the petition was approved, and I had stated it there. Like I said, I learned about it being a problem the day of the interview when the consular officer said you are already married and refused the visa. I searched online and of course a million results came up. I don't have any illusions about it now, and was here to ask a question about 221g, not religious ceremonies, but I do think it is definitely worth having a discussion about.

 

I think it's a very easy mistake to make, actually, because the law is the law and religion is religion usually. Is a baptism the same as a birth certificate? Does giving a eulogy for a loved one give you access to their bank account? The K1 visa sees the religion and law as more interrelated, and I totally understand that, especially when some nations do legally recognize marriage without paperwork. But I do NOT think it is intuitive, it's just that it seems obvious if you have already heard about denials based on this issue. 

Well said. I totally agree.

[Maria1989 403]

5 hours ago, missileman said:

I really don't understand why people apply for a K-1 when they are already living with or near their fiance.  It makes no sense, imo. 

Agreed, after having that ceremony and a child I’m confused why K-1

[Nhona Scott 93]

10 hours ago, SanjivJivan said:

Each country is different. Even though Nepal and India are similar culturally, Indian law makes a religious ceremony a marriage while Nepal does not. Granted in both countries getting married at the age of 14 with a ceremony is all too common, though perfectly illegal.

 

In my case, I read that it was okay to have done unofficial rites/marriage during the petition stage, and wrote very clearly and honestly that we already had a religious ceremony and in my mind considered it excellent proof of being a bona fide couple. I wrote that in the petition and during the consular phase. I did my best to research things, but as mentioned before, at that stage I had really limited internet access. I never thought about it again, since the petition was approved, and I had stated it there. Like I said, I learned about it being a problem the day of the interview when the consular officer said you are already married and refused the visa. I searched online and of course a million results came up. I don't have any illusions about it now, and was here to ask a question about 221g, not religious ceremonies, but I do think it is definitely worth having a discussion about.

 

I think it's a very easy mistake to make, actually, because the law is the law and religion is religion usually. Is a baptism the same as a birth certificate? Does giving a eulogy for a loved one give you access to their bank account? The K1 visa sees the religion and law as more interrelated, and I totally understand that, especially when some nations do legally recognize marriage without paperwork. But I do NOT think it is intuitive, it's just that it seems obvious if you have already heard about denials based on this issue. 

Can I ask you who did inform you that your case was being returned to USCIS? Is it the counsul? Is it someone from the embassy or just other informant outside? You have to be specific about the details, If it's the consul Officer or someone from the Embassy then it is indeed a denial, but if its not from the Embassy then you still have this little chance/hope.