K1 to DCF possible?

[SalishSea 17,839]

I'm confused.  Did you think that a marriage license issued someplace in the US would be valid for a marriage in some other jurisdiction, let alone country?

[SalishSea 17,839]

3 hours ago, OliverBa said:

That’s what I’m saying, it wasn’t obtained under false pretenses by US, it’s was obtained under false pretenses by the marriage officiant. On our marriage application, the address we used was our Chinese address, the marriage officiant in DC submitted her official attestation and said that she married us at some address one DC, and then obtained the marriage licenses on our behalf because DC allows a third party to do that. SHE obtained the licenses fraudulently, because SHE the officiant, lied about where the marriage took place which is why the DC court issued the license, based her lie that she witnesses and solemnized our marriage at some random DC address. Our hands are clean, we’re just dumb for believing that this was legal. Oh and by the way I sued the F out of her and her company and just won my case back in February, so I have that as proof to provide as well.

You're still 100% responsible for the validity and veracity of any claims or documents you submit in a petition to USCIS.  

[jkstark 97]

Can you both travel to the US as tourists?  If so, you could make the trip, get married, and then return to continue with the DCF.

Bear in mind that this still leaves the question about the DC marrriage, and making absolutely sure that it is considered null and void, or you can dig yourself into an even deeper hole...

[OliverBa 61]

2 minutes ago, jkstark said:

Can you both travel to the US as tourists?  If so, you could make the trip, get married, and then return to continue with the DCF.

Bear in mind that this still leaves the question about the DC marrriage, and making absolutely sure that it is considered null and void, or you can dig yourself into an even deeper hole...

Well no, and no, getting a tourist visa to travel to the states with the intention of getting married to a US citizen requires a K1 visa. So we would be commuted visa fraud if we did that. Secondly, again he has  third world passport; there’s no way he would get a tourist visa application approved. He’s been denied by 6 countries already. Unfortunately his countrymen have been overstaying their visas in many European countries recently, so they group him in as a potential overstayer and won’t issue a visa for him. 

[geowrian 22,337]

2 minutes ago, OliverBa said:

Well no, and no, getting a tourist visa to travel to the states with the intention of getting married to a US citizen requires a K1 visa. So we would be commuted visa fraud if we did that.

Incorrect. It's perfectly legal to come as a tourist and marry.

It's fraud to come as a tourist with intent to stay. As long as you go back home, there's no issue.

[treppenwitz 78]

12 minutes ago, OliverBa said:

Well no, and no, getting a tourist visa to travel to the states with the intention of getting married to a US citizen requires a K1 visa.

Incorrect. Marriage on a tourist visa and then leaving the US is 100% legal. See the thread below:

 

[OliverBa 61]

19 minutes ago, geowrian said:

Incorrect. It's perfectly legal to come as a tourist and marry.

It's fraud to come as a tourist with intent to stay. As long as you go back home, there's no issue.

It’s legal to come as a tourist to get married if you aren’t getting married to an American citizen, if your getting married to an American citizen you’re going to have to prove you have no intention of staying, which during the application at the embassy or at CBP in customs, he would have to prove, which they might not accept the evidence given (I’ve seen it happen many times on that CBP reality show), and again he would never get approved anyway. We live in China where they already decline 95% of all visitor visa applications anyway, then add on the fact that he’s from a third-world country, it’s not going to happen, it’ll be s waste of time and money to apply for a tourist visa. I need a sure fire way/plan to get this done. K1 seems to be it.

Edited April 16, 2019 by OliverBa

[Mollie09 1,543]

4 minutes ago, OliverBa said:

It’s legal to come as a tourist to get married if you aren’t getting married to an American citizen, if your getting married to an American citizen you’re going to have to prove you have no intention of staying, which during the application at the embassy or at CBP in customs, he would have to prove, which they might not accept the evidence given (I’ve seen it happen many times on that CBP reality show), and again he would never get approved anyway. We live in China where they already decline 95% of all applications anyway, then add on the fact that he’s from a third-world country, it’s not going to happen. I need a sure fire way/plan to get this done. K1 seems to be it.

It's legal to come as a tourist to get married to an American citizen. All tourists have to prove they have no intention of staying anyways.

[OliverBa 61]

2 minutes ago, Mollie09 said:

It's legal to come as a tourist to get married to an American citizen. All tourists have to prove they have no intention of staying anyways.

I get what you all are saying, but I don’t trust CBP officers to make that determination at entry. I would lose my mind if he were to get the visa, only to get turned around at customs because of one person deciding he might overstay. I can’t bear it. And again, he won’t get approved anyway is not a viable option, he’s been denied by Australia, NZ, Denmark, England, Germany, Canada, and Spain. All of these countries we have applied to, showed more than 50,000 USD in funds available, a  letter from his employer here in China, property in China and America that we own, pre-purchased return tickets and detailed itineraries, and every time, he gets denied. Denmark was the most honest and told us the truth, they flat out said it’s because of where he’s from and people from his country are known overstayers and not to bother applying again because any subsequent application would result in the same decision. So, again, tourist visa is out, it’s not going to work.

[Villanelle 4,122]

I dont want to re-hash things that have already been went over multiple times- so Im only going to say this once in a different way then has already been posted in hope it makes it clearer for the OP.  For the K visa you need to be single (not married). The Embassy can ask you to prove you are 'not married'- esp because they have a copy of a license or certificate you previously presented to them. Now I understand your point that USCIS wanted you to prove the certificate was legit the first time around and you couldnt- BUT and this a big BUT- but that doesnt mean that USCIS determined or made a finding that you werent married the first time. They only determined that you couldnt PROVE you were married. Theres a difference between 1. not being able to prove you are married and 2. being able to prove you are single. I know it sounds like mincing words but USCIS views this as distinct and separate findings. They didnt make a finding that you were single but rather that you couldnt prove you were married. When doing the K you will have to prove you are not married- ie show the certificate they have is invalid (vs the first time where you had to show it was valid). Does this make more sense. People here are not being rude or misunderstanding but rather trying to make sure you understand whats going to happen.... Also after you marry on the K you file AOS which includes the EAD/AP card. It is suppose to take 90 days to get the EAD/AP after filing but currently there is an overflow of petitions and it has been taking 4-6 months to get the card. So realistically when someone comes on a K they can expect 3-6 months of not being able to work or travel and then 1- 1.5yrs to get the actual card. Its not that much time difference from attempting to do DCF in terms of how long before you can work in the US. Maybe its best to encourage your partner to embrace the 3-6 months of time off in the US to get settled and set up your home and get to know the area and neighbors. Some K's volunteer to keep busy. There are also free online classes and hobbies to keep someone busy. Downtime can be good.

[EandH0904 1,184]

1 hour ago, OliverBa said:

IWe live in China where they already decline 95% of all visitor visa applications anyway, then add on the fact that he’s from a third-world country, it’s not going to happen

According to USCIS, China's refusal rate is actually only 17%. They issued 1.2 million tourist visas last year. You've never said where your fiance is from so I can't give you statistics from his country 

[treppenwitz 78]

18 minutes ago, EandH0904 said:

According to USCIS...

DOS not USCIS

[EandH0904 1,184]

Just now, treppenwitz said:

DOS not USCIS

Yes yes you are right. My bad 

[Ontarkie 14,229]

I'm going to add something others (or I missed it) did not mention. They got the immigration attorney advice covered, but I want to mention have a divorce attorney look over your situation. Not as how to divorce but how to get the courts in DC to make a clear and indisputable decision on whether that marriage is invalid. I want to say they are the ones better equipped on how to deal with marriages and everything with them rather than an immigration attorney. So far form what you posted from those attorney's I don't trust their advice. It will not hurt to get another consult with someone who knows this stuff. Immigration attorneys may have no clue on things about a marriage certificate.

Edited April 16, 2019 by Ontarkie

[EandH0904 1,184]

21 minutes ago, Ontarkie said:

Immigration attorneys may have no clue on things about a marriage certificate.

I feel immigration attorneys often make mistakes.  There are 196 countries and 395 Visa types. Each country with slightly different cultural and social norms. I can see an attorney specializing in a region or Visa type they are more familiar with, but like if you have a rare type of cancer and you go to a general practitioner they usually refer you to a specialist.....same thing here, it's just too much wealth of constantly changing information to have a one-size-fits-all immigration attorney