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K1 visa denied, next course of action?

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Filed: K-1 Visa Country: Wales
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4 minutes ago, K A R said:

Yes paro,it is registered. 

Nikah was done as registered in january (as u know how nikah without rukhsati are done)

Then attorney suggested us k1 (#######), we filed it. And we did rukhsati(actual wedding ceremony) in march. Ds160 was filed in july and in that we hided the fact we were married. Now what is the solution to all this. Even if i apply cr1,i get charged with visa fraud. Solution?

As has been mentioned I 601 waiver for MisRep.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: AOS (apr) Country: Canada
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31 minutes ago, K A R said:

Yes i will. But my problem persists, wouldnt it provide them documentary evidence against me if i show my nikah paper of january, wouldnt they charge me with visa fraud at first instance? Though i can explain that nikah was just a religious way of commitment. And yes ds160 was mispresented. Solution to that?

really good and probably really expensive attorney

 

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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Filed: Other Timeline
16 minutes ago, Cathi said:

The moment you signed the Nikah you were married under Islamic law and in the eyes of USCIS. Your only option is a spousal visa. Id anyone tells you anything different they don't know what they're talking about. I was married in Jordan, the moment I signed the Nikah I was married. Period. End of story. It does not matter that custom is that you are not "officially married" until you have a wedding party. The Nikah is a legal marriage contact.

i always wondered why people, especially from muslim majority countries (or of the islamic faith) had the idea that NIKAH is nothing legal....

 

 

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5 minutes ago, JJ89 said:

The issue here is the ambiguity of your marriage. No one knows, or has not said, how U.S. law looks at Nikah. There is a cultural barrier here. Western marriage seems to be different from the act that you engaged in. It all depends on how Nikah is seen to uscis or the consulate. Is it legal marriage to them, or is it symbolical? I am not sure how to answer your questions with a definitive yes or not. I'd try to get in contact with the people who make the decision if its fraud or not if I was you. 

And who are those people? If you say attorney, then we were put on the wrong track to apply for k1 by an attorney too, despite we had done nikah and could have easily applied for cr1 and got it in hand by now 

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3 minutes ago, abum said:

i always wondered why people, especially from muslim majority countries (or of the islamic faith) had the idea that NIKAH is nothing legal....

 

 

Many islamic extremist people use nikah paper to fulfil their lust only. For them, its like a photocopy. They fool innocent ladies, get them in nikah, and dump after using. For their nikah not being registered doesnt carry any worth in the eyes of law.

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Filed: Citizen (apr) Country: Taiwan
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8 minutes ago, JJ89 said:

The issue here is the ambiguity of your marriage. No one knows, or has not said, how U.S. law looks at Nikah. There is a cultural barrier here. Western marriage seems to be different from the act that you engaged in. It all depends on how Nikah is seen to uscis or the consulate. Is it legal marriage to them, or is it symbolical? I am not sure how to answer your questions with a definitive yes or not. I'd try to get in contact with the people who make the decision if its fraud or not if I was you. 

US consulates are knowledgeable regarding regional customs, religious practices, and they base these decisions on such.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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6 minutes ago, debbiedoo said:

really good and probably really expensive attorney

 

The one who made us apply k1 is one of the top immig. Attorney in newyork. His office is in the city.

 

I think his intention was to get me in the usa at earliest. Our mistake was to show such photos which made CO believed we were married which we actually were 

 

Truly a photo tells 100 stories.problem here was choice of photos. 

The solution in my mind is to remarry in recent dates but i dont know what will happen for the previous registered marriage then. So confused.

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Filed: Other Timeline
2 minutes ago, K A R said:

Many islamic extremist people use nikah paper to fulfil their lust only. For them, its like a photocopy. They fool innocent ladies, get them in nikah, and dump after using. For their nikah not being registered doesnt carry any worth in the eyes of law.

well to those people, no laws matter - they will use an abuse anything that they think would allow them to get away with - including domestic violence etc. 

 

for the practicing (muslims) ones, they should know better

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Filed: AOS (apr) Country: Canada
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1 minute ago, K A R said:

The one who made us apply k1 is one of the top immig. Attorney in newyork. His office is in the city.

 

I think his intention was to get me in the usa at earliest. Our mistake was to show such photos which made CO believed we were married which we actually were 

 

Truly a photo tells 100 stories.problem here was choice of photos. 

The solution in my mind is to remarry in recent dates but i dont know what will happen for the previous registered marriage then. So confused.

if that attorney is one of the best, you have issues.

 

no attorney worth his salt would advise you to LIE to immigration.

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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Filed: Other Timeline
1 minute ago, K A R said:

The one who made us apply k1 is one of the top immig. Attorney in newyork. His office is in the city.

 

I think his intention was to get me in the usa at earliest. Our mistake was to show such photos which made CO believed we were married which we actually were 

 

Truly a photo tells 100 stories.problem here was choice of photos. 

The solution in my mind is to remarry in recent dates but i dont know what will happen for the previous registered marriage then. So confused.

just apply for CR 1 and deal with any bans later (should you get slapped with a ban)

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Filed: Citizen (apr) Country: Taiwan
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1 minute ago, K A R said:

The one who made us apply k1 is one of the top immig. Attorney in newyork. His office is in the city.

 

I think his intention was to get me in the usa at earliest. Our mistake was to show such photos which made CO believed we were married which we actually were 

 

Truly a photo tells 100 stories.problem here was choice of photos. 

The solution in my mind is to remarry in recent dates but i dont know what will happen for the previous registered marriage then. So confused.

You can legally have only one marriage at a time.  Either you are already married...or you are not.......

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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1 minute ago, K A R said:

The one who made us apply k1 is one of the top immig. Attorney in newyork. His office is in the city.

 

I think his intention was to get me in the usa at earliest. Our mistake was to show such photos which made CO believed we were married which we actually were 

 

Truly a photo tells 100 stories.problem here was choice of photos. 

The solution in my mind is to remarry in recent dates but i dont know what will happen for the previous registered marriage then. So confused.

Even if you have not showed the pictures and managed somehow to get into the US, later on they could catch on that you had a religious marriage, then married after and youd get your immigration benefits stripped away anyway

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1 minute ago, abum said:

well to those people, no laws matter - they will use an abuse anything that they think would allow them to get away with - including domestic violence etc. 

 

for the practicing (muslims) ones, they should know better

Ofcourse. A true muslim will never do that.

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Filed: AOS (apr) Country: Philippines
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But when you applied for a K1 didn’t you know its for a fiancée visa? Forget the Nikah, but even after doing the Nikah why would you decide to get married while your paper are being processed?

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