RFE for "divorce decree" for marriage(s) that never happend?

[Illiria 980]

4 hours ago, tsabbas said:

When you completed the I-129F, did you check box 4a for K-1 (fiance) or 4b for K-3 (spouse)? If you checked 4b, you may not need to withdraw but instead just submit an explanation and the I-130 which should have been filed prior to the I-129F. It's doubtful the K-3 would get processed but you wouldn't have to wait for a withdrawal of the previous petition that way. 

Unfortunately if they did check the 4b box submitting a 130 now won't help, it has to be submitted before the 129 for it to work as a K3 application as permission to submit a 129 is based on an underlying 130 not the other way around.

 

'If you are a U.S. citizen and you filed a Form I-130, Petition for Alien Relative for your foreign spouse who is abroad, you can also file a Form I-129F, Petition for Alien Fiancé(e). This is the first step for your spouse and his or her children to obtain a visa to come to the United States while you wait for USCIS to make a decision on the Form I-130.' - https://www.uscis.gov/family/family-us-citizens/k-3k-4-nonimmigrant-visas

Edited May 8, 2018 by Illiria
I can't spell

[Marcelina 246]

They got RFE to submit divorce papers so I doubt the checked 4b

[Paul & Mallory 1,398]

I agree with others that you should at the very least respond to the RFE and make sure it's withdrawn appropriately. Not sure if it would cause any complications if you start over with the CR1 and left the K1 pending, but I would imagine it would come up at some point.

 

At any rate, be prepared to have to explain this - probably on more than one occasion - and possibly more vetting than you would have otherwise. Although it's simply a mistake on your part, it may raise a red flag of some kind. Don't take it personally if so, but just be prepared.

[John & Rose 7,239]

13 hours ago, payxibka said:

Six months?  Try a year plus from date of filing

Yep...at least a year and they don't get their money back.  They are starting over from scratch...just like we had to.

Edited May 8, 2018 by John & Rose

[Jorge V 195]

14 hours ago, payxibka said:

Six months?  Try a year plus from date of filing

I took it to mean that they've wasted 6 months by going the K1 route, meaning that if they'd known then they could've started the CR1 process six months ago.

[payxibka 10,047]

4 minutes ago, Jorge V said:

I took it to mean that they've wasted 6 months by going the K1 route, meaning that if they'd known then they could've started the CR1 process six months ago.

It is actually a double whammy.  Not only did they waste six months but the new petition is double the wait time of what they thought it might be

[Richard B 1]

10 hours ago, JFH said:

This is worrying. As part of the I-129F you must provide a signed statement that you are free to marry and will do so within 90 days of the immigrant's arrival into the USA. Did you lie? You were not free to marry and had no intention of marrying. What part of "fiancé visa" did you not understand? Did you apply for the K-1 (believing it to be faster) knowing it was the wrong visa but hoping no one would notice? 

This was not done with any malicious intent. No I did not lie. I was never married before I married my current wife. Never married before.

The U.S government barely accepts documents or actions from other countries. They usually take it with a grain of salt. Lots of skepticism.

I assumed that until my wife gets here(into the US)  and we get married in a courtroom, we are still not married as far as they are concerned.

That was the reason why I filed the I-129 F. I did this with clear conscience and with absolutely NO malice in mind.

[Richard B 1]

4 hours ago, John & Rose said:

Yep...at least a year and they don't get their money back.  They are starting over from scratch...just like we had to.

That is absolutely crushing to read. I have a long way to go..

[Richard B 1]

5 hours ago, Paul & Mallory said:

I agree with others that you should at the very least respond to the RFE and make sure it's withdrawn appropriately. Not sure if it would cause any complications if you start over with the CR1 and left the K1 pending, but I would imagine it would come up at some point.

 

At any rate, be prepared to have to explain this - probably on more than one occasion - and possibly more vetting than you would have otherwise. Although it's simply a mistake on your part, it may raise a red flag of some kind. Don't take it personally if so, but just be prepared.

Thank you so much for the input. I will be ready every step of the way. I will consult an immigration attorney friend of mine.

[John & Rose 7,239]

2 minutes ago, Richard B said:

That is absolutely crushing to read. I have a long way to go..

Sad but true. We were already planning our POE when we were put back to the beginning. We are getting married in June then I get to file the I-130!!!  Yipeee.  

[Richard B 1]

I actually checked 4 b. I indicated every step of the way that we got married  last year. I did not hide that fact.

[Richard B 1]

6 hours ago, Illiria said:

 

I agree with JFH, this might come back to bite the beneficiary, your wife, if she signed a statement saying she intended to marry in the US when you were already married. They could interpret it as material misrepresentation, in that it was a material fact that was lied about in order to obtain an immigration benefit to which she was not entitled.

 

If you didn't include her statement of intent to marry withdraw the petition, if you did then I think you need to consult an experienced immigration lawyer.

Actually she did  not sign any statement to that effect. Such a statement was not added to the packet.

[Richard B 1]

9 hours ago, tsabbas said:

When you completed the I-129F, did you check box 4a for K-1 (fiance) or 4b for K-3 (spouse)? If you checked 4b, you may not need to withdraw but instead just submit an explanation and the I-130 which should have been filed prior to the I-129F. It's doubtful the K-3 would get processed but you wouldn't have to wait for a withdrawal of the previous petition that way. 

I checked 4 B for spouse.  I made it clear on all occasions that she was my wife and not a fiancee. I did not hide that fact at all.

I assumed that a  marriage here in  a U.S court ONLY will be accepted and that a marriage outside the U.S does not count as valid to the USCIS.

 

[Crazy Cat 42,032]

17 minutes ago, Richard B said:

The U.S government barely accepts documents or actions from other countries. They usually take it with a grain of salt. Lots of skepticism.

I assumed that until my wife gets here(into the US)  and we get married in a courtroom, we are still not married as far as they are concerned.

Where did you get this idea?  It is completely incorrect.  You can marry anywhere in the world, and the US will recognize it.  My wife and I were married in Taiwan...........and the US does, in fact, recognize our marriage..

[Richard B 1]

1 minute ago, missileman said:

Where did you get this idea?  It is completely incorrect.  You can marry anywhere in the world, and the US will recognize it.  My wife and I were married in Taiwan...........and the US does, in fact, recognize our marriage..

I have seen incidents of documents rejected from other countries. Marriage certificates, dual citizenship I.D cards and more. That's the reason why I made those assumptions.