K1 visa denied, next course of action?

[jakejon 1,197]

Not to be rude but a K1 is called a Fiance visa for a reason-intent to marry! As much as I wanted to marry Jake during the K1 process I waited and married 2 weeks ago in Vegas (and the wait for the K1 was so worth it). You can't go blaming an attorney-it's your responsibility too. I'd file a CR-1, get a great NEW attorney and be prepared for a rocky road ahead. Good luck!!! 

Edited November 15, 2018 by jakejon

[Talako 785]

Having read through this thread, I would say that you were somewhat ok on filing the K-1, as you could argue the first ceremony was not a legal marriage.  You would lose that argument and be denied, but it would probably not be labeled fraud or misrepresentation.  However after getting legally married and continuing the process for a K-1, you misrepresented your situation on the DS-160 by saying you two were single and continued the farce to the interview where you were tripped up by a picture.

 

So you lied and got caught.  Now you are stuck with filing the CR1 and dealing with the prior misrepresentation.  You have been instructed on how to handle that eventuality.  

 

If you are looking for sympathy or to be told that you're "Ok," you're not really going to find that here.  File the CR1 and deal with it.

Edited November 15, 2018 by Talako

[Unlockable 7,314]

1 hour ago, angelbrown said:

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

Bingo!!!

 

55 minutes 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...

 

But they did misrep.. See p-ana's summary of his timeline below...

 

1 hour 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

@K A R

 

There is no way around this. You only course of action is to get married and file a spousal visa. You will eventually learn if you have a misrep to face.

 

Timeline if you don't have a misrep: 1.4 years from the time you get married and file

Timeline if you do have a misrep" 2+ years 

[NigeriaorBust 4,087]

1 hour ago, JJ89 said:

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. 

 

  The consulate is well  versed on the level of commitment to a life long relationship any action has.  Traditional weddings as excluded in Nigerian marriage law but people get denied for them all the time , along with bride price payment for being too committed to be considered single  .    The lawyer was a fool for recommending the K1 as being faster.   Fortunately most places don't slap you with fraud for this.  I guess the see the actual pain of waiting an additional year for the CR1 process as penalty enough

 

17 minutes ago, AndranikB said:

I'm sorry I am a little confused by this? Do you mean not legally married upon entry into the US? We will not have a religious or legal ceremony in her country - essentially a celebration of us with resemblances of a wedding - but not a legal one.

    Have a going away party , anything that looks like a wedding that may show up in your or your friends social media may result in denial at AOS stage.   No wedding dresses no rings or any of that  

[Sabrina02 108]

2 hours 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?

paid lawyer.  You are going to need more than advice...you need paid council to respond.

[Ahmed&Freda 628]

Nikah  is a marriage contract and in Pakistan where many marriages are never even registered at NADRA it is as real as it gets.   Regardless of what you felt it was (Nikah w/o rukhsati not valid) there is no way to prove it.   So therefore having the Nikah in the first place will disqualify you for the K-1.   On top of this you took it even further...nothing to fight follow all the great advice given above.

 

 

[jakejon 1,197]

I just find Embassies so interesting. I did not need to show any photos or anything. I had a filing cabinet almost with me.

 

London asked 3 simple questions, 1) where did you meet? 2) where are you going to live? 3) when do you plan to go to the US? Approved within 3 minutes....

[bf__ 501]

Can someone explain “too married” without being married? Lol

[Ahmed&Freda 628]

2 minutes ago, jakejon said:

I just find Embassies so interesting. I did not need to show any photos or anything. I had a filing cabinet almost with me.

 

London asked 3 simple questions, 1) where did you meet? 2) where are you going to live? 3) when do you plan to go to the US? Approved within 3 minutes....

Completely different in high fraud countries.   My first interview was a horrible experience second one was not bad but we are now in AP while they do background checks after asking for 15 years travel history, social media, employment and addresses.  I truly understand why after reading so many cases (especially on this site)  but for couples who are completely genuine and have worked so hard its heartbreaking.  

[jakejon 1,197]

Just now, Ahmed&Freda said:

Completely different in high fraud countries.   My first interview was a horrible experience second one was not bad but we are now in AP while they do background checks after asking for 15 years travel history, social media, employment and addresses.  I truly understand why after reading so many cases (especially on this site)  but for couples who are completely genuine and have worked so hard its heartbreaking.  

It must be absolutely heart breaking.  Maybe I was blessed going through London. I couldn't imagine how it must feels. People seem to get punished almost in a sense being from a high fraud country. For me, I had absolutely no interest in coming to live in the US. Only reason is being Jake has an awesome job and still has student loans to pay. My heart will always remain in UK but I know I need to adjust to here. 

[Boiler 45,525]

1 minute ago, jakejon said:

It must be absolutely heart breaking.  Maybe I was blessed going through London. I couldn't imagine how it must feels. People seem to get punished almost in a sense being from a high fraud country. For me, I had absolutely no interest in coming to live in the US. Only reason is being Jake has an awesome job and still has student loans to pay. My heart will always remain in UK but I know I need to adjust to here. 

The posts that were deleted add an interesting perspective but I certainly have no intention of mentioning them an incurring the wrath of our blessed Mods.

[Daniela M_______ 410]

2 hours ago, K A R said:

Our mistake was to show such photos which made CO believed we were married which we actually were 

Actually it's good that this happened at this stage. I they find out later it might get you in trouble even after being in the US for years. Let's say you go for AOS or ROC or even citizenship, they might find information on this and revoke you every right to stay at the US. 

 

If you had approval THAT would have been fraud.

 

Get married legally and apply for CR1 is pretty much all you can now... 

[Daniela M_______ 410]

15 minutes ago, brandonflude1 said:

Can someone explain “too married” without being married? Lol

Religious ceremonies, symbolic weddings without a legal support, engagement ceremonies too alike to wedding celebrations, calling husband/wife or similar nicknames, people using SO's last name before getting married on social media, etc... All of these things (and others) can make the CO believe that you are "too married" for K1 visa.

[Boiler 45,525]

In the US it is reasonably clear if you are married or not.

 

In some countries it can be confusing due to for example tribal and religious issues, probably more marriages in the world that are not known to their respective governments than are.

[bf__ 501]

Oh cool, I'm probably fine then being from the UK and not religious etc, we didn't have a party for our engagement, just went to dinner and hung out on the beach.

 

I imagine its hard to get dented for this in London?