Several Questions... (YES I did go through first 10 pages of topics!)

[geowrian 22,337]

We don't know if the marriage was actually legal or not. The OP stated they were not, but it gets more complicated than just having a marriage certificate or registration of a marriage. In some countries, marriages are legal even if there is no paperwork or registration of it.

Without knowing the exact country or what was involved, it's impossible to say with any certainty if it was a legal marriage or not...it's just speculation

Edited February 5, 2019 by geowrian

[usmsbow 801]

14 minutes ago, geowrian said:

We don't know if the marriage was actually legal or not. The OP stated they were not, but it gets more complicated than just having a marriage certificate or registration of a marriage. In some countries, marriages are legal even if there is no paperwork or registration of it.

Without knowing the exact country or what was involved, it's impossible to say with any certainty if it was a legal marriage or not...it's just speculation

 I also missed this part. This would indicate they are indeed legally married:

 

And later on (maybe even next week), a marriage license from her home country. 

 

 

[lunareclipse 4]

Hi all,

 

I want to thank you for your continuing discussion in regards to our situation, it has definitely been a (hard) learning process for me, and i deeply appreciate any inputs, comments, and criticism posted. I was getting very depressed when people started criticizing without constructive comments though. I put a lot of pressure and blame on myself, certainly hasn't been an easy 24 hours.

 

Let's put this out there first - in no way we were trying to disguise anything we did, which is why we started the K1 process early and with very thorough paperwork. We had no clue that a wedding may disqualify her from the K1 process, if the original question didn't come up ("can we use a regular B visa first for a short stay, and K1 visa later?"). I am also fairly certain that having a wedding in her home country does not constitute a legal marriage, as we will need to go to government office and actually sign the paperwork. In her home country, only completing marriage license paperwork is required to constitute a legal marriage, any ceremony is totally just personal celebration and not part of legal marriage process. As of right now, we are both single. She/We were actually surprised to find out a civil ceremony is part of the marriage process in the States.

 

She currently has an approved K1 Visa from her home country's embassy, attached to her passport. During the interview, the question about when/or having a wedding never came up, the interviewer just mentioned that we have very thorough paperwork so she didn't have too many questions. FWIW, one of the older clerks (not the interviewer) at the embassy actually asked my fiancee if we have had our wedding yet, and my fiancee truthfully answered yes. The clerk then nervously asked if we signed any marriage paperwork, then a sigh of relief and said "oh good, as long as you didn't sign anything."

 

 

Anyway, I did speak to my fiance to see what she what she wants to do, since we don't quite have enough evidence for a "bonafide" marriage for CR-1 either for now. She said she wants to continue with the K1 process and just take some business loss during the 6 months waiting period. She does not wish to restart the CR-1 process and waste another 6 months to a year. Regardless of which Visa we do, she plans to quit her current job in April/May 2019. I did tell her that if she chooses to go this route, we have to be completely honest with CBP, should the question about a wedding comes up. If it does indeed come up, explain truthfully, and hope for the best. If declined at border entry, then hopefully we still have the opportunity to do the CR-1 Visa then.

 

On the other hand, i am in favor of just restarting with CR-1 Visa. I think it works out much better for her needs and much safer. But the downside is that:

 

- at least 6-12 months longer till she gets her green card

- possible extra scrutiny during the CR-1 process (why did you cancel K1? It's a simple question but could be hard to actually find someone to explain to)

- possibly affecting her B Visa + ESTA, she might not even be able to visit the country as a tourist as "she had intention to get married here previously with a canceled/failed K1 Visa"

- we don't nearly have enough evidence for a bonafide marriage. In fact, we are still both single and not married yet. Quite frankly, we don't qualify for CR-1 right now unless we go get married at any country right now and file for paperwork, then slowly work our way with evidence.

[Crazy Cat 41,845]

3 minutes ago, lunareclipse said:

we don't nearly have enough evidence for a bonafide marriage. In fact, we are still both single and not married yet. Quite frankly, we don't qualify for CR-1 right now unless we go get married at any country right now and file for paperwork, then slowly work our way with evidence.

You are incorrect.  If you have a valid marriage certificate, evidence of time spent together, and evidence of an on-going long distance relationship, you would, most likely, have sufficient evidence of a bona fide long distance marriage.  That is the evidence that many, if not most of us have submitted for CR-1 visas.  Recently married international couples are not expected to have the same degree of documents, leases, bank accounts, etc. that US based couples have.  But only you can decide which path is best for you...good luck.

[Lemonslice 4,838]

2 hours ago, usmsbow said:

 

She received the K-1 visa already. They are not legally married. There aren't any (legal) problems with her visa or entering the USA with it. They wouldn't be committing any fraud either. 

 

All the threads you are referring to are generally at the consulate stage during the interview, and not with USCIS. 

 

That being said, due to their circumstances, I'd skip the K-1/AOS route and go with the CR-1. 

 

I will try to find out the threads of people being denied as they tried to enter the USA... one, they saw pictures, and the other simply said they were married.   

[Lemonslice 4,838]

1 hour ago, lunareclipse said:

On the other hand, i am in favor of just restarting with CR-1 Visa. I think it works out much better for her needs and much safer. But the downside is that:

 

- at least 6-12 months longer till she gets her green card

- possible extra scrutiny during the CR-1 process (why did you cancel K1? It's a simple question but could be hard to actually find someone to explain to)

- possibly affecting her B Visa + ESTA, she might not even be able to visit the country as a tourist as "she had intention to get married here previously with a canceled/failed K1 Visa"

- we don't nearly have enough evidence for a bonafide marriage. In fact, we are still both single and not married yet. Quite frankly, we don't qualify for CR-1 right now unless we go get married at any country right now and file for paperwork, then slowly work our way with evidence.

Being married and using a fiancé visa will subject you to more scrutiny... than admitting you were wrong and correcting your path. 

Edited February 5, 2019 by Lemonslice