Fiance Visa (K1) Issued

[mushroomspore 3,044]

1 minute ago, yumitho said:

Yes, the wife is from Guinea and they both Muslim. What I know it's widely considered legal marriage but not sure what the law says. 

 

I have asked my friend to get an answer from a judge at the one of the tribunal courts since he is there and after he will decided whether this visa still valid or we need to proceed with CR1.

 

Thanks for all of the hepl!

 

To get technical, nobody "decides" if the visa is valid. It either is or it is not, depending on the circumstances of the visa holder's life. It's sounding more and more like it is not valid for them anymore.

[payxibka 10,045]

3 minutes ago, yumitho said:

Yes, the wife is from Guinea and they both Muslim. What I know it's widely considered legal marriage but not sure what the law says. 

 

I have asked my friend to get an answer from a judge at the one of the tribunal courts since he is there and after he will decided whether this visa still valid or we need to proceed with CR1.

 

Thanks for all of the hepl!

 

We?

[carmel34 3,633]

51 minutes ago, yumitho said:

they have to go those offices to get the license along with their witness who attended the religious ceremony

This is the key to answering your question.  Once they get that license it is game over and they will have to start the long process for a CR-1.  There is a witness.  Sounds like a marriage since all they need is a piece of paper to confirm it.  Strong advice is for them to start over with a spousal visa.  Were they planning to NOT get the license in the country of marriage?  And then get married again in the US?  As others have said, why take the risk of being deported later, once this is discovered?

[KlametJourney 11]

My goal here is to prevent them from being in a fraud cause, and advice based on the status of the law. They are young couple and I don't see them jeopardizing their situation of living together in the U.S just because of avoiding extra months to go through the right path which is the CR1.

 

 

[Villanelle 4,122]

Honestly it doesnt matter what the tribunal says- USCIS has its own rules. Search around on VJ for 'too married for K, not married enough for CR1'. Unfortunately this is probably what they did to themselves. USCIS will consider them 'too married' to use the K visa (official paperwork or not) and perhaps not married enough to obtain the CR visa (you need official marriage certificate for that). Sometimes people fall into this gray area where USCIS determines they are not 'single' so cant use the K but they dont have the official paperwork to qualify for the CR.. You should advise them to obtain the proper legal marriage paperwork and refile for the CR. Do NOT let them use the K visa. It will cause a tremendous amount of trouble.  

[SalishSea 17,836]

3 hours ago, payxibka said:

We?

"Asking for a friend...."
 

[Mieka91 27]

No they’ll be fine

[Sammy 1 13]

We ?    don't you mean they

[Paul & Marina 53]

I would not be so fast to say yes, they are married. IMO is not a legal option or binding. So perhaps Not. Maybe the question is, in Guinea under their law is this in fact a official marriage. If Yes, there is your answer. You could go to that Department that regulates & issues marriage licenses and ask or better check online to see or call. Then you have your answerer. I do not believe you will Ever find anyone here say anything different than Always Be Truthful is the Answer.

[Tania9028 0]

Only if they registered the marriage, got a marriage certificate is it a real marriage.  If it was just a ceremony, they are not legally husband and wife and will be fine. 

[Crazy Cat 41,888]

13 hours ago, Mieka91 said:

No they’ll be fine

Based on what?  There are numerous cases here on VJ which put your statement in doubt.

[Crazy Cat 41,888]

4 minutes ago, Tania9028 said:

Only if they registered the marriage, got a marriage certificate is it a real marriage.  If it was just a ceremony, they are not legally husband and wife and will be fine. 

Not necessarily....it comes down to the judgement of the Consulate Officer.  There have been numerous cases here in which the couples have been too married for a K-1.  It happens.

[C90 376]

35 minutes ago, missileman said:

Not necessarily....it comes down to the judgement of the Consulate Officer.  There have been numerous cases here in which the couples have been too married for a K-1.  It happens.

I think she already has the visa in hand, so that's not the issue. I do agree with you (and many others on here) that she might face big challenges entering the States or even down the line when filing AOS/ROC/Citizenship.

 

OP, it's super risky to be married in whatever way (legal or just religious ceremony) before entering on K1. They will eventually find out that there was some kind of ceremony/marriage before entering on K1, and as said before that could lead to revoking of status and deportation down the road. Rules are very clear, you have to be engaged when entering on K1. They better file CR1 (after getting all the paperwork of marriage) 

[Crazy Cat 41,888]

1 minute ago, C90 said:

I think she already has the visa in hand, so that's not the issue. I do agree with you (and many others on here) that she might face big challenges entering the States or even down the line when filing AOS/ROC/Citizenship.

 

OP, it's super risky to be married in whatever way (legal or just religious ceremony) before entering on K1. They will eventually find out that there was some kind of ceremony/marriage before entering on K1, and as said before that could lead to revoking of status and deportation down the road. Rules are very clear, you have to be engaged when entering on K1. They better file CR1 (after getting all the paperwork of marriage) 

You're correct. Already issued.....  My mistake......Thanks.

[Ed&Midori1031 330]

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Edited February 27, 2019 by edmtn