K1 visa

[serious2 5]

Hello everyone 

  I came here sometime ago and made a statement about my k1 visa being refused due to misrepresentation. I and my fiance couldn't wait, so we go ahead and married in my country because we love each. In two months we filed for i130 spouse which is in the process... the consular section has rectified that the mistake wasn't from me and they have   called me for new appointment for the k1 visa..but we filed i130 already. Should i go ahead and book the fiance appointment or ignore them for the i130. Any help.  Thank you. 

[SalishSea 18,299]

  On 1/19/2021 at 6:34 PM, serious2 said:

Hello everyone 

  I came here sometime ago and made a statement about my k1 visa being refused due to misrepresentation. I and my fiance couldn't wait, so we go ahead and married in my country because we love each. In two months we filed for i130 spouse which is in the process... the consular section has rectified that the mistake wasn't from me and they have   called me for new appointment for the k1 visa..but we filed i130 already. Should i go ahead and book the fiance appointment or ignore them for the i130. Any help.  Thank you. 

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No.  You got married, so you're ineligible for a K-1 visa now.  The petitioner needs to withdraw it.

[NancyNguyen 1,658]

  On 1/19/2021 at 6:34 PM, serious2 said:

Hello everyone 

  I came here sometime ago and made a statement about my k1 visa being refused due to misrepresentation. I and my fiance couldn't wait, so we go ahead and married in my country because we love each. In two months we filed for i130 spouse which is in the process... the consular section has rectified that the mistake wasn't from me and they have   called me for new appointment for the k1 visa..but we filed i130 already. Should i go ahead and book the fiance appointment or ignore them for the i130. Any help.  Thank you. 

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You are too far from it already, need to let them know you will pursue spousal visa route.

[Sparkle Sparkle 914]

K1 no longer applies to you. If you go ahead with K1 you will have to disclose your marriage and be denied. If you don't, it constitutes willful misrepresentation. Just focus on your i130 notify embassy you got married so they can return your petition. 

Ideally nobody deserves to go through this especially when it's no fault of their own.. But these are crazy times. 

Edited January 19, 2021 by Sparkle Sparkle

[Marieke H 2,532]

You have been told in your previous threads that you are no longer eligible for a K-1. You got married; you can not receive a K-1 visa if you are married.

[serious2 5]

Yes but the embassy has called for k1 interview... So what should i do Marieke H

[Marieke H 2,532]

  On 1/19/2021 at 7:32 PM, serious2 said:

Yes but the embassy has called for k1 interview... So what should i do Marieke H

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Let them know you are no longer pursuing a K-1 visa, because you are married.

[Crazy Cat 42,805]

  On 1/19/2021 at 6:34 PM, serious2 said:

Should i go ahead and book the fiance appointment or ignore them for the i130. Any help.  Thank you. 

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No.  You are no longer qualified for a K-1.  Any attempt to use a K-1 could result in very serious consequences.

  On 1/19/2021 at 7:32 PM, serious2 said:

Yes but the embassy has called for k1 interview... So what should i do Marieke H

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Do you not understand?  A K-1 is for UNMARRIED couples.

Edited January 19, 2021 by Lucky Cat

[SalishSea 18,299]

  On 1/19/2021 at 7:32 PM, serious2 said:

Yes but the embassy has called for k1 interview... So what should i do Marieke H

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Cancel it.  Why waste their time and yours going to an interview for a benefit you're ineligible for?  Someone who is eligible and waiting can have that spot.  

[powerpuff 6,748]

  On 1/19/2021 at 7:32 PM, serious2 said:

Yes but the embassy has called for k1 interview...

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So? They might not know yet that you got married but they WILL find out. And once they do, this may not turn out well for you. Omitting that you got married and still trying to pursue K-1 will get you into trouble.

[SalishSea 18,299]

  On 1/19/2021 at 8:21 PM, powerpuff said:

So? They might not know yet that you got married but they WILL find out. And once they do, this may not turn out well for you. Omitting that you got married and still trying to pursue K-1 will get you into trouble.

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Exactly.  You already had one misrepresentation-related issue, why ask for another?

[serious2 5]

  On 1/19/2021 at 6:57 PM, Sparkle Sparkle said:

K1 no longer applies to you. If you go ahead with K1 you will have to disclose your marriage and be denied. If you don't, it constitutes willful misrepresentation. Just focus on your i130 notify embassy you got married so they can return your petition. 

Ideally nobody deserves to go through this especially when it's no fault of their own.. But these are crazy times. 

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Yes we have notify the Consular Section that we got married and filed for I-130. The respond was that the K-1 can not be revalidated and will return to final disposition. But rather we should follow the instructions with the I-130 process. Hope returning the K-1 won't affect my I-130 process? 

[payxibka 10,047]

  On 1/21/2021 at 5:55 PM, serious2 said:

 Hope returning the K-1 won't affect my I-130 process? 

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Why would it?  It is a visa type you are no longer eligible for.  A return is the proper disposition of your case.

[serious2 5]

  On 1/21/2021 at 5:57 PM, payxibka said:

Why would it?  It is a visa type you are no longer eligible for.  A return is the proper disposition of your case.

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Thanks

[Ryan H 3,845]

Moved from K1 Progress Reports to IR-1/CR-1 Process & Procedures.