K1 to DCF possible?

[OliverBa 61]

20 minutes ago, geowrian said:

Once you go to the US on a K-1 to marry, you no longer will meet the requirements for DCF when you return abroad. They normally want to see 6 months physical presence or residence (which would be broken when you establish domicile as needed for the K-1).

Also note that the latest information is that DCF may no longer be available by the end of this year. By the time you get a K-1, DCF may not be a thing anymore.

Seriously?! FML. 

[Boiler 45,538]

The DCF option would seem moot with the time lines involved. Most likely no longer be an option. So plan for a regular i 130.

 

You will need to show US domicile to get a K1. How picky the Consulate are you need to research.

[Roel 7,192]

Just do K1 and AoS...  that is if you're not actually married. Which at this point even embassy will question. 

 

I mean you're trying to complicate a simple thing. 

 

If you're looking for loopholes and quick way to get him a green card then sorry but quick doesnt exist. 

[Ben&Zian 4,398]

Nothing we say here will persuade you to just to the K-1, go to the US, marry and AOS. You seem set on what you want to do so.. but again, your situation isn't entirely unique again as many of us have had similar circumstances and we just went through the process... we didn't try to over complicate the matter.

[Ben&Zian 4,398]

3 minutes ago, Roel said:

Just do K1 and AoS...  that is if you're not actually married. Which at this point even embassy will question. 

 

I mean you're trying to complicate a simple thing. 

 

If you're looking for loopholes and quick way to get him a green card then sorry but quick doesnt exist. 

 

That's a good point. Seeing as they did "marry" and file petition before... the embassy might find them "too married" for a K-1... they could be stuck in a black hole right now.

[aaron2020 11,651]

Reconsider your plan.  Trump is closing all the international USCIS offices.  DCF is going away.  By the time you get the K-1, DCF may not be an option.

 

https://www.reuters.com/article/us-usa-immigration-visas/us-immigration-agency-to-close-its-overseas-offices-idUSKBN1QT26C

 

Not a single person here with years of immigration experience is endorsing your plan.  We all think it's horrible.  

Edited April 16, 2019 by aaron2020

[OliverBa 61]

4 minutes ago, EandH0904 said:

Where did you get married that it wasn't valid? Are you sure it wasn't a problem with your documentation instead of your marriage?

100% because it wasn’t valid. I went through the DCF process, the only problem they had was the marriage license validity, they wanted proof that it was valid from the DC courts where the license was issued from, however, over the phone the DC court said they have a record of our marriage, but when I would tell them that neither one of us was in DC at the time of the wedding, they said it wouldn’t be valid in that case. So they are saying they have a record of our marriage license but if we were not in the jurisdiction of DC our license isn’t technically valid, but that they wouldn’t invalidate it in their records. So we are married but not married and of course they didn’t want to write all of that in a letter on their letterhead for me to give to the consulate, so I withdrew my petition. The reason the consulate questioned the validity is because on my husband’s application it asked if he had ever been to America, and he wrote no, so then they were wondering how could we have a marriage license from DC If he was never there, they said they were unfamiliar with DC law and wanted me to provide a letter from the DC court saying that our license is valid even though we were not in DC at the time of the wedding, if we could’ve provided that, We would be done with DCF already and back in the states, sitting on the sofa watching Game of Thrones while eating pizza because WINTER is HERE!!!!! 

 

We were scammed by a new web company that does weddings on their platform and basically they twisted a DC law that allows a third party to obtain the marriage license on behalf of the couple and explained to us that as long as she, the officiant, was in DC at the time she officiated the wedding, that it would be legal. All of our friends and family were logged in from the phones in the states and at the same time we had a wedding in China with our friends here. Turns out it wasn’t actually legal. But that’s water under the bridge now. 

[Ben&Zian 4,398]

2 minutes ago, OliverBa said:

100% because it wasn’t valid. I went through the DCF process, the only problem they had was the marriage license validity, they wanted proof that it was valid from the DC courts where the license was issued from, however, over the phone the DC court said they have a record of our marriage, but when I would tell them that neither one of us was in DC at the time of the wedding, they said it wouldn’t be valid in that case. So they are saying they have a record of our marriage license but if we were not in the jurisdiction of DC our license isn’t technically valid, but that they wouldn’t invalidate it in their records. So we are married but not married and of course they didn’t want to write all of that in a letter on their letterhead for me to give to the consulate, so I withdrew my petition. The reason the consulate questioned the validity is because on my husband’s application it asked if he had ever been to America, and he wrote no, so then they were wondering how could we have a marriage license from DC If he was never there, they said they were unfamiliar with DC law and wanted me to provide a letter from the DC court saying that our license is valid even though we were not in DC at the time of the wedding, if we could’ve provided that, We would be done with DCF already and back in the states, sitting on the sofa watching Game of Thrones while eating pizza because WINTER is HERE!!!!! 

 

We were scammed by a new web company that does weddings on their platform and basically they twisted a DC law that allows a third party to obtain the marriage license on behalf of the couple and explained to us that as long as she, the officiant, was in DC at the time she officiated the wedding, that it would be legal. All of our friends and family were logged in from the phones in the states and at the same time we had a wedding in China with our friends here. Turns out it wasn’t actually legal. But that’s water under the bridge now. 

 

To be honest, it sounds like you won't even qualify for the K-1 either. You're too married, but not married enough, yes this is a real thing, it happens a lot(mainly people performing local /traditional ceremonies like engagement parties)... you need to really figure this out and either get it fully validated or annulled or whatever.

Edited April 16, 2019 by Ben&Zian

[aaron2020 11,651]

9 hours ago, OliverBa said:

100% because it wasn’t valid. I went through the DCF process, the only problem they had was the marriage license validity, they wanted proof that it was valid from the DC courts where the license was issued from, however, over the phone the DC court said they have a record of our marriage, but when I would tell them that neither one of us was in DC at the time of the wedding, they said it wouldn’t be valid in that case. So they are saying they have a record of our marriage license but if we were not in the jurisdiction of DC our license isn’t technically valid, but that they wouldn’t invalidate it in their records. So we are married but not married and of course they didn’t want to write all of that in a letter on their letterhead for me to give to the consulate, so I withdrew my petition. The reason the consulate questioned the validity is because on my husband’s application it asked if he had ever been to America, and he wrote no, so then they were wondering how could we have a marriage license from DC If he was never there, they said they were unfamiliar with DC law and wanted me to provide a letter from the DC court saying that our license is valid even though we were not in DC at the time of the wedding, if we could’ve provided that, We would be done with DCF already and back in the states, sitting on the sofa watching Game of Thrones while eating pizza because WINTER is HERE!!!!! 

 

We were scammed by a new web company that does weddings on their platform and basically they twisted a DC law that allows a third party to obtain the marriage license on behalf of the couple and explained to us that as long as she, the officiant, was in DC at the time she officiated the wedding, that it would be legal. All of our friends and family were logged in from the phones in the states and at the same time we had a wedding in China with our friends here. Turns out it wasn’t actually legal. But that’s water under the bridge now. 

 (Removed)

Now you are too married for a K-1.  

 

This is the that happens when you go outside of established processes and try to work the system.  

 

Go to a qualified US immigration lawyer.  You will need one.  

 

It is so not "water under the bridge now."  This is a MAJOR HURDLE.  

Edited April 17, 2019 by Unlockable
Edited for language

[OliverBa 61]

(removed) So back to plan A, find some place where we can get married and do DCF before the end of the year. There’s gotta be something. Taiwan is making gay marriage legal next month, maybe that will be the next step. Uggghhh my life. 

Edited April 16, 2019 by Ontarkie
edited for language

[arken 4,197]

Just wanted to mention one point, prepare urself for added scrutity no matter which path you go. For USCIS, you two were married, applied that way with a Fake license, couldn’t provide the validity of the license and now are applying for k1.

 

It’s not only about married or not married, it about using fake document in earlier petition too. For you, that license may be not fake, just duped by a web service, but for USCIS, it’s fake.

Edited April 16, 2019 by arken

[aaron2020 11,651]

9 hours ago, OliverBa said:

Jesus Effing Christ. So back to plan A, find some place where we can get married and do DCF before the end of the year. There’s gotta be something. Taiwan is making gay marriage legal next month, maybe that will be the next step. Uggghhh my life. 

No.  Not plan A.  (Removed)

 

Plan C.  Lawyer time.  

 

How are you going to get marry in Taiwan which requires you to be single?  You have a facially valid DC marriage certificate.  You will dig a bigger hole.  

Edited April 17, 2019 by Unlockable
Edited for language

[OliverBa 61]

9 hours ago, aaron2020 said:

(Removed) 

Now you are too married for a K-1.  

 

This is the that happens when you go outside of established processes and try to work the system.  

 

Go to a qualified US immigration lawyer.  You will need one.  

I didn’t try to go outside of “established” processes. All I did was get married. Besides I spoke with the Guangzhou consulate before and after this. We had an interview with them face to face after we submitted the petition. The two guys who interviewed us were sympathetic to the situation and told us to either get the letter from the court; or withdraw this application and reapply the DCF once we get legally married somewhere else, which is what I’ve been trying to do. I don’t think they will hold that against us, as they know that we didn’t do anything wrong and weren’t trying to deceive or circumvent the system, I gave them all the emails and text messages and correspondence I had with that company, and I’m sure they passed that along to who ever is in charge of taking down companies that try to defraud the government. I got the feeling that we weren’t the first couple who they had seen who had dealings with this company. 

Edited April 17, 2019 by Unlockable
Edited for language

[aaron2020 11,651]

3 minutes ago, arken said:

Just wanted to mention one point, prepare urself for added scrutity no matter which path you go. For USCIS, you two were married, applied that way with a Fake license, couldn’t provide the validity of the license and now are applying for k1.

 

It’s not only about married or not married, it about using fake document in earlier petition too. For you, that license may be not fake, just duped by a web service, but for USCIS, it’s fake.

The marriage license is real.  It was obtained under false pretenses so that questions it's validity especially with two people who aren't even in America.   

They got major doo doo on their hands with this.  It will hang over them every step of the way.

[OliverBa 61]

9 hours ago, aaron2020 said:

No.  Not plan A.  (Removed)

 

Plan C.  Lawyer time.  

 

How are you going to get marry in Taiwan which requires you to be single?  You have a facially valid DC marriage certificate.  You will dig a bigger hole.  

It’s not valid, that’s the point. Technically we aren’t married, if we were married we could do DCF. The paper means nothing. 

Edited April 17, 2019 by Unlockable
Edited for language