Is it hopeless to retry for another K1 visa after denial?

[DaveAndAnastasia 2,092]

On 1/17/2020 at 10:30 PM, Orangesapples said:

Most people don't wait for the 90 days before they get married because they want the immigrant to be able to get a green card ASAP.

Also your spouse typically can't be added to employment-based health insurance until you marry, and the interim solutions for this are … not good.

[Just Paul 4,595]

On 1/18/2020 at 7:11 PM, Dataunavailable said:

If we were to marry in somewhere like Hong Kong or Vietnam, I'm not 100% if the Cambodian govt would recognize it as a legal marriage? I don't see why not though, since once we would marry here in the U.S they would see it as a legal marriage 

 

Marry in Hong Kong / Vietnam and the US will see it as a legal marriage for immigration as well as (almost) every other country in the world.  USCIS won't care how Cambodia sees it per se, but they will be mindful of traditions that occur in the beneficiaries country.   Face to face time offsets most of those issues.

[SmallTownPA 72]

On 1/18/2020 at 12:20 AM, geowrian said:

At the same time, the 90 days is purely to do exactly that - get married. It is not to get acclimated. it is not to get to know your partner better. It is not to see what living together is like.

 

Have you read the conditions of a K1??

 

"In order to obtain a K-1 fiancé(e) visa, you and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the U.S as a K-1 nonimmigrant. Your marriage must be valid, meaning both you and your fiancé(e) have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit.

 

If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card)."

 

Or is there some hidden decoder ring I need to find the sentence that has the words MUST/SHALL in it??  Because the language used by USCIS is all FUTURE TENSE.

 

1. I meet a girl.

2. I visit her. 

3. We like each other and Agree to marry.   

 

Those 3 things satisify the legal requirements of a K1.  No more.  No less.

 

Why would a person think that the beneficiary has ANY idea what they are getting into?  Or that co-habitation is tolerable once the 'ohh, my foreign boy/girlfriend is coming to visit and we will travel together!' period is over?  A new spouse, in a foreign country, with minimal language skills, no job, no family support (which they most likely had all their life), and no friends... yeah.. pull the trigger on that marriage ASAP.  I'm sure you'll do fine.

[Orangesapples 1,954]

9 minutes ago, SmallTownPA said:

 

Have you read the conditions of a K1??

 

"In order to obtain a K-1 fiancé(e) visa, you and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the U.S as a K-1 nonimmigrant. Your marriage must be valid, meaning both you and your fiancé(e) have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit.

 

If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card)."

 

Or is there some hidden decoder ring I need to find the sentence that has the words MUST/SHALL in it??  Because the language used by USCIS is all FUTURE TENSE.

 

1. I meet a girl.

2. I visit her. 

3. We like each other and Agree to marry.   

 

Those 3 things satisify the legal requirements of a K1.  No more.  No less.

 

Why would a person think that the beneficiary has ANY idea what they are getting into?  Or that co-habitation is tolerable once the 'ohh, my foreign boy/girlfriend is coming to visit and we will travel together!' period is over?  A new spouse, in a foreign country, with minimal language skills, no job, no family support (which they most likely had all their life), and no friends... yeah.. pull the trigger on that marriage ASAP.  I'm sure you'll do fine.

We've already explained in detail why 90 days is not enough to judge how well the immigrant is adjusting and the first few months are in no way indicative of how living in the US is going to be like. Delaying the marriage only slows down AOS making it harder for the immigrant to adjust and become independent. 

[geowrian 22,337]

35 minutes ago, SmallTownPA said:

Or is there some hidden decoder ring I need to find the sentence that has the words MUST/SHALL in it??  Because the language used by USCIS is all FUTURE TENSE.

"you and your fiancé(e) must intend to marry each other within 90 days "

There can be debate over what "intend" means. But I think it's pretty clear that the consensus is that it includes an unconditional desire to marry within 90 days - not to figure out if you want to marry or not in those 90 days, or to see how it goes during those 90 days.

 

The test I would normally use to determine validity of an immigration claim is: "If somebody volunteered the information to the CO/IO, would he/she reasonably be denied the benefit?"

I think it is very reasonable that if somebody said "We want to live together and see how it goes before actually getting married.", then the CO would probably refuse the visa. More specifically, I've seen cases of somebody being refused for less, and even people denied entry on the K-1 visa due to this.

One such case was somebody that jokingly said "Maybe I will, maybe I won't." when asked by CBP if they will marry within 90 days. They were denied entry and sent back. The K-1 visa was no longer valid.

[Orangesapples 1,954]

4 hours ago, geowrian said:

 

One such case was somebody that jokingly said "Maybe I will, maybe I won't." when asked by CBP if they will marry within 90 days. They were denied entry and sent back. The K-1 visa was no longer valid.

Yes, I remember this, if someone can add a link it would be great. 

[geowrian 22,337]

1 hour ago, Orangesapples said:

Yes, I remember this, if someone can add a link it would be great. 

Here you go:

 

[Orangesapples 1,954]

1 hour ago, geowrian said:

Here you go:

 

Thank you! It's prettier obvious from that thread that K1 is not a "maybe we'll get married if it all turns out fine" visa.