K1 to DCF possible?

[Ben&Zian 4,398]

3 minutes ago, OliverBa said:

Who gets married my way? The US military ? 

It's not exactly the best type of marriage but regardless..even when I was in the Army I would never have done it that way.... like the rest, first step is find a lawyer who can get this first 'marriage' resolved or validated. Again just marrying again somewhere may only complicate the matter as the embassy has records of the previous license and may deny DCF because of it until it is resolved, which could then invalidate the second marriage.. First thing is deal with the previous marriage attempt with a good lawyer.

Edited April 16, 2019 by Ben&Zian

[OliverBa 61]

Thanks for the advice guys, I called and spoke with three attorneys in DC, and decided to retain one of them. But all three told me that the invalid license is not legal at all and that I should just apply for the fiancé visa or get married somewhere else. One said that USCIS gets cases like this all time and that surprisingly this situation happens a lot, but that it wouldn’t count against us because people make mistakes all the time. Another told me of a client who got married a long time ago to college freshman sweetheart during a summer fling, then then 20 years later got married and to another woman, a foreigner, got her over here on a green card, and didn’t realize until 10 years later when they were getting divorced, that he and his second wife were not legally married because he never got divorced from the summer sweetheart 20 years prior because he forgot about it. So that effed up their divorce proceedings because the second marriage was not legal because he was still married to the first girl, who then found out she and her new husband were not actual married either. But no one realizes this until he initiate divorce proceeedings against the second wife. Anyway, in short, the lawyers say it’s not going to be problem, invalid=not legal=never happened. 

[Ben&Zian 4,398]

Make sure. Don't trust everything a lawyer says. They mess a lot of things up at times too. Again there are numerous threads on here about people who had a simple engagement ceremony which is local custom/tradition. They show photos in the I-129f petition and end up getting denied a K-1 visa at the embassy because they appear "too married".. The embassy has your previous application and history, so they know. Just getting through USCIS is easy, it's the the embassy you need to worry about.

[OliverBa 61]

Hope for the best, prepare for the worst. Love will prevail. 

[Cyberfx1024 7,980]

57 minutes ago, aaron2020 said:

What's your proof that it's invalid?  What record does DC have to show that it's invalid?  People's spoken words are not good enough.  What legal documents do you have to show that the marriage certificate is invalid.  Just because the US Consulate didn't accept it doesn't mean that it's LEGALLY invalid.  

I agree with this as well. The OP needs to have actual physical proof that it is invalid not verbal proof. Verbal proof almost never holds up under scrutiny and this is what the OP needs to understand. 

 

[Unlockable 7,314]

*** There is a lot of foul words being used in this thread. Just a friendly reminder to keep it clean as per this site's TOS.

 

VJ moderation

 

Update: Several post edited to remove inappropriate language.

Edited April 17, 2019 by Unlockable

[Jeanne Adil 1,651]

He keeps writing marriage license that is not a marriage certificate / it the license we apply for to get married and no,  someone who was never in DC can apply for one there / have to apply in person

So, you are applying to marry in other countries????? Why?  Are either of you a USC?

Are either of you doing US tax returns and have a US domicle?

reading thru all OP posts nothing makes sense

 

[Sabrina02 108]

3 hours ago, OliverBa said:

Wondering if anyone has ever done this before. My fiancé and I have exhausted all possibilities thus far of getting married abroad, as he has a third world country passport and keeps getting denied from every country that we have applied for a tourist visa to, and all the countries he can visit visa-free do not allow gay marriage. So now our only option is America. Both us reside in China. I’m planning to submit the K-1 application in the next couple of days, based on current timelines we are looking at end of the year before it gets approved. Assuming it does and we travel to the states, instead of doing the adjustment of status and twiddling our thumbs for months, would it be possible for us to return back to China, and do DCF through the consulate here. DCF will be faster than AOS. Has anyone done this before? Thanks in advance!

Hi so you are aware the K visa is only for folks not married. The k3 you can be.  K visa needs one person to be a legal citizen of the US.  One must reside in US and can show support when interviewed for financial assistance.  

 

 

[OliverBa 61]

53 minutes ago, adil-rafa said:

He keeps writing marriage license that is not a marriage certificate / it the license we apply for to get married and no,  someone who was never in DC can apply for one there / have to apply in person

So, you are applying to marry in other countries????? Why?  Are either of you a USC?

Are either of you doing US tax returns and have a US domicle?

reading thru all OP posts nothing makes sense

 

It’s called different things in different places, I mean the certificate you get after you get married. Sorry it’s confusing, I should’ve posted this in my original thread, I keep assuming everyone knows what happened in the past as I documented the journey in another thread.

 

in DC a third party can apply for your marriage license if they have your marriage application and notarized copies of each person’s ID, then the officiant can pick up the certificate after the cereomony.

 

we have been trying to apply in other countries because we are a gay couple living in China and we cannot get married here legally, we were trying to avoid going to America to get married because the K1 visa took 9 months to complete, so if we could jump over to New Zealand or Denmark etc and get everything  done in a few days, then why not? Also, we wanted to do DCF because we would qualify since we are residents of China, thereby speeding up the process even more and avoiding 6 months waiting for and AOS. So by getting married elsewhereand doing DCF, we would have his GC in 2-3 months too, instead of a year and a half doing everything stateside.

 

I’m a USC, he is not. I have filed my taxes every year of the 5 years I’ve been out of the country, pay my property taxes, and have even bought new property in california while still living in China. My domicile is solid, no issue there. 

Edited April 16, 2019 by OliverBa

[OliverBa 61]

4 minutes ago, Sabrina02 said:

Hi so you are aware the K visa is only for folks not married. The k3 you can be.  K visa needs one person to be a legal citizen of the US.  One must reside in US and can show support when interviewed for financial assistance.  

 

 

The thing is, we aren’t actually married. We thought we were, but we are not. The marriage certificate is invalid, therefore we couldn’t use it for k-3, invalid marriage certificate means our marriage never happened, which is why we need K1. Again I was just wondering if I could do DCF after K1, instead of the 6-7month AOS process 

[Sabrina02 108]

1 minute ago, OliverBa said:

The thing is, we aren’t actually married. We thought we were, but we are not. The marriage certificate is invalid, therefore we couldn’t use it for k-3, invalid marriage certificate means our marriage never happened, which is why we need K1. Again I was just wondering if I could do DCF after K1, instead of the 6-7month AOS process 

Not necessary. Do one and follow through. The wait time on k1 is much faster than before.

[Loren Y 2,755]

You need to find the " Johnny Cochran" of immigration attorneys, and get ready to part with all that money you got from the lawsuit, your going to need it. 

I would consider living together somewhere else in the world. America is on a pretty good downward spiral, and I wouldn't want to be here. Or, is being married that important? As long as you are together with who you love and care about who really cares about a piece of paper.

[OliverBa 61]

4 minutes ago, Loren Y said:

You need to find the " Johnny Cochran" of immigration attorneys, and get ready to part with all that money you got from the lawsuit, your going to need it. 

I would consider living together somewhere else in the world. America is on a pretty good downward spiral, and I wouldn't want to be here. Or, is being married that important? As long as you are together with who you love and care about who really cares about a piece of paper.

I agree wholeheartedly with that. If my fiancé was an American citizen, we would’ve never get married, have a wedding and celebrate our love and commitment, 100%. But getting a marriage certificate, it’s not necessary for us. However, we need to be in America and he needs an American passport at some point, to make traveling easier for both of us. We can’t travel to a lot of places because of his third world passport status, and always getting visa denials, while I can get visa-free or visas on arrival for most places.

 

Also, I’m going to medical school next year, so I’ll be spending the next 7 years, at least, in the states for school and residency training. I can’t do all of that and not have him with me or in another country, and I’m not going to get my medical training in a different country either. America may be on a downward spiral, but it’s still my home, and it’s where the next 10 years of my life is planned. 

[SalishSea 17,847]

4 hours ago, OliverBa said:

I keep saying husband because like I said we already got married last year and had a wedding and got a marriage license, only to find our three months later our license wasn’t valid,

You do not seem to be eligible for a K-1.

[Loren Y 2,755]

9 minutes ago, OliverBa said:

I agree wholeheartedly with that. If my fiancé was an American citizen, we would’ve never get married, have a wedding and celebrate our love and commitment, 100%. But getting a marriage certificate, it’s not necessary for us. However, we need to be in America and he needs an American passport at some point, to make traveling easier for both of us. We can’t travel to a lot of places because of his third world passport status, and always getting visa denials, while I can get visa-free or visas on arrival for most places.

 

Also, I’m going to medical school next year, so I’ll be spending the next 7 years, at least, in the states for school and residency training. I can’t do all of that and not have him with me or in another country, and I’m not going to get my medical training in a different country either. America may be on a downward spiral, but it’s still my home, and it’s where the next 10 years of my life is planned. 

Makes sense. I'm only planning on about another 6 years here, and I'm out. Just sent my marriage certificate to the department of state to get it certified for use abroad, and the sooner I can aquire citizenship in another country my blue passport is going on the back burner as a souvenir. I was going to buy citizenship a few years ago, but just never followed thru, and I'm on a new path now. Same end game.