Apply k1 visa

[Gurdip bassi 0]

Just quick question. If i apply for k1 visa even though we had done religious marriage but not registered in court yet.. is it okay to apply for k1 visa or its called fraud? Just wanted suggestion.

[aleful 1,905]

hi

 

not fraude but you might be too married for the k1 and not enough married for the CR1 visa, as stated many time here, the consul might refuse the k1 for considering you already married,  You should marry and apply for CR1

 

 

[Mimicherie 142]

If it was just a religious ceremony where you didn’t actually exchange vows or anything and you’re not officially married, then yes you may still proceed with the K1. If anyone advertised those pictures and/or they’re tracebale the CO at the embassy might/will find out & see you as too married for a k1 and deny it. I would suggest you go the CR1 route since it seems as though you already want to get married, plus the spousal visa is more beneficial. 

 

If you still choose to go the K1 route...DO NOT ADD ANY OF THOSE RELIGIOUS CEREMONY PICTURES IN THE PETITION. 

 

Anything showing a wedding like event, ring exchanges, or even both of you wearing the same clothes will make you look too married to the CO which will result in a denial. It’s crazy cause even if religious ceremonies happen to be the norm in your country the embassy officials still question it.

 

Good luck and God bless.

Edited February 8, 2019 by gsdc23

[nastra30 2,373]

Religiously you are "married" even though legally you don't have a marriage certificate yet. Any kind of marriage ceremony is Mostly (mostly with a big M) seen by USCIS as you are too married for K1 Visa. My recommendation will be to go the full length of the marriage and obtain  marriage certificate, and then go the CR1 route. All the best with your journey.

[Khallaf 650]

2 hours ago, Gurdip bassi said:

Just quick question. If i apply for k1 visa even though we had done religious marriage but not registered in court yet.. is it okay to apply for k1 visa or its called fraud? Just wanted suggestion.

religious marriage done, even if not registered you are too married for a K1

 

get the religious marriage filed and file for a CR1 visa.

[Limey 551]

7 hours ago, gsdc23 said:

If it was just a religious ceremony where you didn’t actually exchange vows or anything and you’re not officially married, then yes you may still proceed with the K1. If anyone advertised those pictures and/or they’re tracebale the CO at the embassy might/will find out & see you as too married for a k1 and deny it. I would suggest you go the CR1 route since it seems as though you already want to get married, plus the spousal visa is more beneficial. 

 

If you still choose to go the K1 route...DO NOT ADD ANY OF THOSE RELIGIOUS CEREMONY PICTURES IN THE PETITION. 

 

Anything showing a wedding like event, ring exchanges, or even both of you wearing the same clothes will make you look too married to the CO which will result in a denial. It’s crazy cause even if religious ceremonies happen to be the norm in your country the embassy officials still question it.

 

Good luck and God bless.

If they had a religious ceremony they are married.

He says "but its not registered in court yet". So that means it was capable of being registered - it's a marriage. They are married. K1 is not an option. Register it and do CR1.

If you have a baby but haven't registered the birth for a birth certificate yet, you still have a baby, even if you haven't registered it. A marriage isn't much different.

Advising them to hide the fact that they are married from USCIS is advocating visa fraud.

Edited February 8, 2019 by Limey

[Mimicherie 142]

21 minutes ago, Limey said:

If they had a religious ceremony they are married.

He says "but its not registered in court yet". So that means it was capable of being registered - it's a marriage. They are married. K1 is not an option. Register it and do CR1.

If you have a baby but haven't registered the birth for a birth certificate yet, you still have a baby, even if you haven't registered it. A marriage isn't much different.

Advising them to hide the fact that they are married from USCIS is advocating visa fraud.

No one advised them to commit anything fraud-like. 

 

I only advised for the K1 if the Religious ceremony was somewhat of an engagement party or a large event that looks like a wedding but it’s just an event for the family before they do their official wedding, but if this is in fact a wedding in that culture then yes they definitely do not qualify for a K1 visa. CR1 is definitely the only option. 

 

I said the “if they still choose to go the K1 route...” part only after I expressed that if the ceremony does not count as a them being married. If it does then CR1 is the only route.

 

There’s people who get denied all the time for events that look like weddings when its really just a celebration of their engagement. Which is why I said not to share any photos like that. I would never suggest that they hide anything that represents an actual marriage.

 

So I apologize if all you read was me advising them to commit any fraud, that was not my intent. 

[Limey 551]

22 minutes ago, gsdc23 said:

No one advised them to commit anything fraud-like. 

 

I only advised for the K1 if the Religious ceremony was somewhat of an engagement party or a large event that looks like a wedding but it’s just an event for the family before they do their official wedding, but if this is in fact a wedding in that culture then yes they definitely do not qualify for a K1 visa. CR1 is definitely the only option. 

 

I said the “if they still choose to go the K1 route...” part only after I expressed that if the ceremony does not count as a them being married. If it does then CR1 is the only route.

 

There’s people who get denied all the time for events that look like weddings when its really just a celebration of their engagement. Which is why I said not to share any photos like that. I would never suggest that they hide anything that represents an actual marriage.

 

So I apologize if all you read was me advising them to commit any fraud, that was not my intent. 

In this case they made it pretty clear it was a wedding:

 

" we had done religious marriage but not registered in court yet.. "

In many countries, eg India the person is married at the time of the ceremony, even if its not registered. Whether this marriage is legal in their home country will depend on the laws of the country (original poster hasn't stated which one).

 

The issue USCIS has is that they can't possibly be experts on the laws of each individual country that people are immigrating from. So they have to err on the side of caution - if it looks like a wedding, then they are considered married by USCIS for purposes of k1. Similarly, if there is no marriage certificate for a CR1 then they err on the side of caution and won't grant the visa. So this is how the "too married for k1, not married enough for CR1" happens .
 

The general rule about withholding information from USCIS is that you don't have to tell them if they don't ask (eg when they asked the purpose of my visits to the US, I would say vacation, which was true). But in the case of a marriage, we explicitly have to declare that we are single and able to marry (similarly we're asked to declare all arrests etc etc). To hide a marriage (religious or otherwise) would be very dangerous in my opinion (if USCIS consider it fraudulent, it might disqualify them from any other visa and any chance of immigrating).