K1 visa denied, next course of action?

[JJ89 13]

1 minute ago, K A R said:

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 

An  attorney does not makes the decision whether to label something as fraud or not. 

 

Try not to  generalize all attorneys based on this bad experience. 

 

USCIS or consulate makes that decision. Try to contact them. How ? hopefully someone else could weigh in. 

 

[paro 30]

3 minutes 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 remarry, according to your own word , "the IO mentioned about filing CR1 or IR1 , according to your marriage date". Changing dates of the marriage will not change anything because IO was convinced that you were married.

[angelbrown 195]

Just be honest going forward. Sounds like you’re trying to get around the “proof” part of the nikah or legal marriage. 

1. What are you appealing? You said when your fiancé and family came to visit you guys got married. K1 is for fiancé, not married. 

2. CR1 would be your only option as you’re already married. You may need a lawyer if misrepresentation come up but I’m not familiar with that process. 

3. If you’re already married, why would you do another? Just get your marriage certificate and file the CR1. 

4. Don’t even think abt skirting around immigration. Intentional lying will more than likely have far worse consequences. 

Good luck!

Edited November 15, 2018 by angelbrown

[p-ana 933]

From the first post, that’s the timeline:

 

Met

Fiancé visits first time and they have the nikah (considered as marriage)

file for i129f

Fiancé and family visit Pakistan and they get married

interview and denial

 

 

Filing a i129f was the wrong path from the start and then actually applying for the k1 was knowingly misrepresenting themselves as single people

[angelbrown 195]

2 minutes ago, p-ana said:

From the first post, that’s the timeline:

 

Met

Fiancé visits first time and they have the nikah (considered as marriage)

file for i129f

Fiancé and family visit Pakistan and they get married

interview and denial

 

 

Filing a i129f was the wrong path from the start and then actually applying for the k1 was knowingly misrepresenting themselves as single people

I don’t think they knowingly misrepresented. Plenty of ppl think they can file K1 with an engagement party or other unofficial party and don’t know that immigration sees it as too married for K1. Now if they intentionally filed the K1 thinking they could get around it, well that’s another story...

[JJ89 13]

3 minutes ago, p-ana said:

From the first post, that’s the timeline:

 

Met

Fiancé visits first time and they have the nikah (considered as marriage)

file for i129f

Fiancé and family visit Pakistan and they get married

interview and denia

 

 

Filing a i129f was the wrong path from the start and then actually applying for the k1 was knowingly misrepresenting themselves as single people

This is sooooo confusing!!!!! 

 

So  lets get this straight. He had nikah, filed for i129f,then got married? 

[debbiedoo 2,339]

1 minute ago, JJ89 said:

This is sooooo confusing!!!!! 

 

So  lets get this straight. He had nikah, filed for i129f,then got married? 

yes.

 

yes he did.

 

and didnt cancel the K1 and went through interview process and lied on d160 about being single

[p-ana 933]

1 minute ago, angelbrown said:

I don’t think they knowingly misrepresented. Plenty of ppl think they can file K1 with an engagement party or other unofficial party and don’t know that immigration sees it as too married for K1. Now if they intentionally filed the K1 thinking they could get around it, well that’s another story...

The OP states in his first post “After k1 was filed, my fiancee along with her family visited pakistan and we got married (it was a sudden plan) “

 

so they got married after filing the petition and stated they were single in the ds160, that is submitted right before interview. If that’s not misrepresenting themselves, I’m not sure what is.

 

2 minutes ago, JJ89 said:

This is sooooo confusing!!!!! 

 

So  lets get this straight. He had nikah, filed for i129f,then got married? 

That’s what’s stated on the first post

[JJ89 13]

1 minute ago, debbiedoo said:

yes.

 

yes he did.

 

and didnt cancel the K1 and went through interview process and lied on d160 about being single

I really have to read stuff more. Yeah this is wrong. I don't get why he blames the lawyer for telling him to do Nikah when he goes and gets married after applying for k1. 

[mushroomspore 3,044]

16 minutes ago, K A R said:

He hasnt accused me of misrep. Your comments are always this harsh and negative?or this behaviour is exclusive to me?

Lol Boiler answered the one question that you said nobody else was answering. Just because you haven't been "accused" of misrep doesn't mean you didn't do it or that the agency will magically miss it. It is something you will need to take care of in your next application and Boiler has told you how to do so.

[Boiler 45,525]

23 minutes ago, K A R said:

He hasnt accused me of misrep. Your comments are always this harsh and negative?or this behaviour is exclusive to me?

That will not happen until the CR1 interview, not relevant until then.

[NYCruiser 423]

OP has his answer. Would recommend closing this thread

[SusieQQQ 11,586]

Oh, for heaven's sake. OP keeps trying to backtrack and blame attorney etc but point is he has admitted more than once knowingly telling visa officer he was single when he was married. All the other discussion about nikah etc is just muddying the water. Pathway is clear

-apply spouse visa

- when asked about the misrep can say (sincerely from what i can figure out here)that he was confused and thought because he filed when single it was ok, or something

- CO might be nice and issue visa

- or CO might be a bit less nice and tell him he needs a 601 waiver for misrep to get a visa. I'm not sure that an attorney is necessarily needed before this stage, if OP is willing to take responsibility and read the USCIS website and VJ guides above to reach interview stage. 

Lesson learnt: always be honest at interview.

 

 

[John & Rose 7,239]

2 hours ago, K A R said:

Some folks are accusing me of misrepresentation by saying that i did nikah(which is religious form of wedding but if the women is not sent to live with husband, we dont call it wedding unless the couple start living together)

 

CO suggested cr1 but also added said that it will affect my future application. He meant that i made a deliberate choice of k1 while i was already married. But our actual marriage took place in march and we were unaware of the fact must to stop k1 if u marry during the process.

So the date on nikah(religious marriage only) paper is january while the k1 was filed in february. Wouldnt it be providing them proof to charge me with visa fraud?

No.  You might not have been aware that getting married voided your petition.  The fraud accusations came out after you stated that you didn't want to wait another year for this nonsense.  You did lie on the DS-160, right?  The K-1 was dead the moment you said "I Do".  There is no appeal.  The K-1 is only available if you are not married.

 

File the CR-1 and wait the year.  That is the only solution.

Edited November 15, 2018 by John & Rose

[Dashinka 24,512]

51 minutes ago, K A R said:

He hasnt accused me of misrep. Your comments are always this harsh and negative?or this behaviour is exclusive to me?

He is saying that this is the solution if at the time of the CR1 interview you get refused for misrepresentation on the K1.  The I601 is now an option (not so at the K1), so though the response is short and sweet, it is clearly a piece of advice you should research if it becomes necessary.

 

Good Luck!