K1 visa denied, next course of action?

[JFH 12,190]

3 hours ago, K A R said:

On ds160 we wrote single. In all documents we wrote single. 

But we were in a religious marriage in january and actual marriage in march. 

No, US embassy doesnt have any record to prove us married

Please stop making excuses. The embassy doesn’t need “proof” that you are married. They don’t owe you anything. You are two adults that are applying for an immigration benefit, which is a privilege - not a right, and the onus is on you to tell the truth. On multiple occasions during the process you must confirm that you are single and eligible to marry. You repeatedly lied. You would also have sworn an oath at the embassy that the DS-160 contains “nothing but the truth” and again you lied - under oath. This will count against you, as it rightfully should. 

 

Everyone else understands and can follow the rules. I’m struggling to see why you feel that you have been done an injustice. 

[JFH 12,190]

24 minutes ago, brandonflude1 said:

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?

London is completely different. Engaged is not even a legal status. I have been married twice and on neither occasion did we “get engaged”. I’ve never had an engagement ring, party or anything else. Getting engaged is just a decision to get married. In western cultures, couples go this joe they wish. Some have parties. Some post big updates on Facebook. Some just get on with life and don’t make a fuss of it,

[David & Diana R 1,005]

3 hours ago, K A R said:

Yes we did say single but we were married by then. So somehow there is an attempt to hide facts. Solution?

 

3 hours ago, K A R said:

Yes we did say single but we were married by then. So somehow there is an attempt to hide facts. Solution?

So you have material misrepresentation issue.  You lied.  This may be a huge problem.  But all you can do is try the CR-1.

[JJ89 13]

5 hours ago, K A R said:

I am based in pakistan and my fiancee resides in NY, we started talking last year and developed liking for each other. upon her first visit to my city, we got committed in islamic relation called Nikah, let me make it clear that for us, its just a religious contract that we will marry each other. Their attorney in US suggested k1 visa(as we didnt know much about visas so for initial petition we hired the attorney). After k1 was filed, my fiancee along with her family visited pakistan and we got married (it was a sudden plan) and honestly we didnt even know its consequences until i was refused. Like every other couple, we kept waiting for the long procedure which lasted 9 months in total. In my interview everything went well but the pictures part got me in trouble. I added one picture of us on stage, dressed very nicely (not in red though which is considered wedding costume here).

So the CO rightfully denied my visa by saying he is sending my case to nvc and cant give me visa , and i should apply for cr1/ir1 depending on the exact date of my marriage (quoting his words).

 

Now people who would label me for visa fraud, misrepresentation etc. Kindly do understand that a genuine couple not knowing consequence of wedding during this process should do what? Keep in mind that CO's decision was merely on the basis of photos i provided in the interview(i didnt even know if i shouldnt have shown such photos). So it wasnt a deliberate visa fraud etc.. 

And he also has no proofs to prove us married thus far. Because we never referred each other as husband and wife and even the nikah thing wasnt disclosed to him. Please advise the right course of action if experts are available here;

1-Can we file an appeal making a stance that we'd just thrown a big engagement party for my relatives in pakistan as they wont be attending my wedding in usa. 

2-If we apply for CR1, wouldnt they refuse it and charge me for visa fraud because this will provide them documentary evidence that we were married and didnt withdraw our k1 petition?

3- shall we do a court marriage (legal marriage only) in recent dates and then apply for CR1? But we wont be able to proof a big wedding or many people in that (which is culture of my country) and also it would be very hard for my fiancee to come in pakistan as she already took 3 trips this year.

4- any other possible and best course of action? 

Please avoid hurtful remarks and just give me guidance. Already too depressed.

 

Edit: our status in both countries , pakistan and usa , is single.. 

There is no documentary proof against us that even we did nikah.

You say there is no documentary proof, but you admit in your posts that you married and did Nikah. I’m pretty sure the government reviews this website. You should not have lied man

[angelbrown 195]

3 hours ago, p-ana said:

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.

 

That’s what’s stated on the first post

Dang I didn’t even catch that. You’re so right. Sounds OP is trying to skirt the system🤷🏽‍♀️. Better be careful before he gets a lifetime ban. Or better yet, I think I feel sorry for the spouse.🤔

[Boiler 45,525]

2 minutes ago, angelbrown said:

Dang I didn’t even catch that. You’re so right. Sounds OP is trying to skirt the system🤷🏽‍♀️. Better be careful before he gets a lifetime ban. Or better yet, I think I feel sorry for the spouse.🤔

His spouse is also Pakistani.

[Ontarkie 14,226]

~~hijacked post and related replies removed. If you have a question regarding your own case please start your own thread.~~

[K & R 343]

5 hours 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.

The photos weren't the mistake. Getting married in March and continuing with the K1 (and putting single on the DS160) is the main reason you got denied. And the biggest reason you'll run into issues in future petitions. I had no knowledge of immigration and visas before we started our K-1 journey but the 1 thing I did know (from the name K-1 FIANCE visa) is that you cannot be married and file for it. You shouldn't need an attorney to tell you that. The only thing you can do now is file for the CR1 and hope for the best. You should take other VJ members advice and get a better attorney (on top of that do research on your own!) attorney's are very knowledgeable but they are human and can make mistakes. Getting a CR1 is not going to be an easy road but it's your best option now. Good luck

[angelbrown 195]

4 hours ago, NuestraUnion said:

Bingo!!!

 

 

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

 

@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 

Yup I missed that part abt lying on the form and right before the interview.

[angelbrown 195]

1 hour ago, Boiler said:

His spouse is also Pakistani.

Well I hope the plan is to move back if he gets a lifetime ban. He’s playing a dangerous game...

[Going through 5,671]

Have you considered just having your spouse move back to Pakistan and the two of you live there?

 

Always good to have a Plan B.

[Lazybones18 261]

Bro file cr1 and tell the CO at interview you messed up with k1 .. if he asks ... he might just approve u never know 

 

The Co will let u know how to proceed 

 

no other way 

 

good luck 

 

thread closed 

[SalishSea 17,836]

7 hours 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.

"Made you" apply?

[Boiler 45,525]

2 hours ago, Going through said:

Have you considered just having your spouse move back to Pakistan and the two of you live there?

 

Always good to have a Plan B.

Seems only interested in A.

[geowrian 22,337]

OP is legally married, with registered documentation of it. There's no question on the validity of the marriage from what I've read.

The embassy/consulate does not need to prove anything here. The K-1 was properly denied. It sounds like they were already aware of the marriage as well, implying it will impact the CR-1/IR-1 process.

 

OP lied on the DS-160. Can't blame the attorney for that. This is a willful misrepresentation of a material fact used in order to attempt to obtain an immigration benefit. This meets all criteria for a material misrepresentation bar.

OP needs to file an I-130 to start the CR-1/IR-1 visa process for their spouse. ETA: ~12-16 months.

OP will almost certainly be refused the visa (if deemed eligible for it after the interview) due to the misrepresentation bar. They could then file an I-601. ETA: ~12-18 months.

Approval of the waiver is discretionary - having a skilled attorney that deals with material misrepresentation cases is suggested to present a good waiver case at that time.

 

OP may have to undergo extended AP (before being refused for the misrepresentation). No fixed timeline for this, but months to a year is not uncommon. No way to know for sure if this will happen or not until after the interview.

Edited November 16, 2018 by geowrian