Proofs of relationship

[Peonia23 5]

18 minutes ago, iwannaplay54 said:

Mike summarized it clearly.  All the denied couples insist they aren’t actually married LOL.

 My advice for 17 years now (before there were chats) is and always has been - submit hard evidence like passport stamps, receipts, boarding passes and stay away from photos, emails, chat logs.  
Prep for problems.  This will be a possible complication.

Will it be just a complication or a sure deny? 
I could have complication at the consulate from what I understand. 

[Mike E 11,739]

If it comes up expect denial. 

[iwannaplay54 985]

3 minutes ago, Peonia23 said:

Will it be just a complication or a sure deny? 
I could have complication at the consulate from what I understand. 

Nobody here can advise a sure approval or a sure denial.  After seeing thousands of cases here I can only say there is an elevated probability of denial of a K1 with evidence you are being referred to by your fiance as his wife or he is using his last name as yours. 

Edited February 10, 2023 by iwannaplay54

[Peonia23 5]

25 minutes ago, Mike E said:

That won’t make difference.  The same is true in my wife’s country (a country where no one has surnames, just one or more personal names).  Nonetheless as an LPR she has expressed interest in using my surname. She is hardly unique so your argument won’t carry weight. 
 

This is how it is going to go down assuming you get as far as a visa interview:

 

You will spend 3 hours at the embassy and maybe have 10 minutes in front of the consular officer who will interview you.  There won’t be an opportunity to argue your case like you are arguing with me. The officer will either think you are married or not married. If the former, any visions you have of being able to appeal this are fantasies. 
 

Ask your fiancé to stop calling you by his surname. Even if you are issued a visa, nothing stops CBP from going though your phone or his phone at the port of entry and then denying you entry.  
 

In America, sales people have an expression: when you are explaining you are losing.  Your case was was unnecessarily complicated by the evidence and the explanation.  

Other evidences show that I still have my name and we made it really clear we’re not married. Like Instagram posts, there I have my normal name. 
I don’t know, you guys are making me worry so much😫 I don’t know what to do. 

[iwannaplay54 985]

6 minutes ago, Peonia23 said:

Other evidences show that I still have my name and we made it really clear we’re not married. Like Instagram posts, there I have my normal name. 
I don’t know, you guys are making me worry so much😫 I don’t know what to do. 

There is nothing, zero, at this point that you or he can do.  As MikeE said, wait it out and hope for the best.

After a K1 denial the next step is get married and re-file.  I do not remember seeing a successful appeal of a denied K1.  They expire after they are returned to USCIS and once flagged it is pointless to refile for K1.

Edited February 10, 2023 by iwannaplay54

[Mike E 11,739]

6 minutes ago, Peonia23 said:

don’t know what to do. 

You are one year into a process that has 200 more days to go on average (https://www.visajourney.com/timeline/stats.php?history=90).  As previously advised:

 

* stop using each other’s surnames 

 

* wait for the process to run its course. 
 

In addition enter the DV lottery if eligible.  

Edited February 10, 2023 by Mike E

[Peonia23 5]

Just now, Mike E said:

You are one year into a process that has 200 more days to go on average (https://www.visajourney.com/timeline/stats.php?history=90).  As previously advised:

 

* stop using each other’s surnames 

 

* wait for the process to run its course. 

Okay well I’ll tell my fiancé to immediately change my name into my actual last name.

[Rocio0010 5,579]

This post should be a learning experience for future applicants for three reasons:

1) DO NOT CALL EACH OTHER WIFE, HUSBAND, SPOUSE, MR OR MRS... USCIS and DHS do not care if that's the way you treat each other. They'll think you're married.

2) DO NOT SUBMIT CHATS!!!! That's weak evidence anyways. Focus more on "hard" evidence such as passport stamps, flight and hotel reservations, etc.

3) NO POINT IN WORRYING AFTER YOU'VE SUBMITTED SOMETHING. It's done. Deal with consequences when/ if they happen

[Peonia23 5]

10 minutes ago, Mike E said:

If it comes up expect denial. 

So especially denial at the consulate from what all of you is telling me? 

[Peonia23 5]

I still think USCIS has a way to easily proof if we’re legally married or not. I really don’t think there’re so shallow. 
I’m gonna trust in God and he’s gonna take care of it knowing we didn’t do anything wrong.

[Rocio0010 5,579]

2 minutes ago, Peonia23 said:

I still think USCIS has a way to easily proof if we’re legally married or not.

It's DHS in your case, not USCIS. And no, it's not on them to prove that. It's on you. They simply don't have the time to dig into each case.

[a89syd9a 10]

2 minutes ago, Peonia23 said:

I still think USCIS has a way to easily proof if we’re legally married or not. I really don’t think there’re so shallow. 
I’m gonna trust in God and he’s gonna take care of it knowing we didn’t do anything wrong.

There is no national database of who is married or not married. But that being said, no one here knows what will happen. Seen plenty of threads here with people calling something bad advice or outright wrong, yet it turns out favorably. You just have to wait and see.

[Dashinka 24,480]

22 minutes ago, Peonia23 said:

Other evidences show that I still have my name and we made it really clear we’re not married. Like Instagram posts, there I have my normal name. 
I don’t know, you guys are making me worry so much😫 I don’t know what to do. 

I think @Mike Ealready laid out a plan you can take moving forward.  Discuss it with your fiancé, let him know what you have learned and how you can best act going forward, search the VJ search engine for "K1 denied" where you will find many stories of couples denied due to being "too married" in the eyes of the consulate officer.  You should not be scared, you came here (VJ) to get real information from those that have gone before, take the advice or not, that is up to you, but it is good information and you still have time to improve your situation.

 

Good Luck!

 

 

[Peonia23 5]

5 minutes ago, a89syd9a said:

There is no national database of who is married or not married. But that being said, no one here knows what will happen. Seen plenty of threads here with people calling something bad advice or outright wrong, yet it turns out favorably. You just have to wait and see.

I just think if a case gets denied it could be other reasons in addition to calling each other with names. Obviously if you submit photos in traditional outfits it’s a clear sign of a possible marriage. I mean the proof is right there. A name it’s just a name. 

[Peonia23 5]

3 minutes ago, Dashinka said:

I think @Mike Ealready laid out a plan you can take moving forward.  Discuss it with your fiancé, let him know what you have learned and how you can best act going forward, search the VJ search engine for "K1 denied" where you will find many stories of couples denied due to being "too married" in the eyes of the consulate officer.  You should not be scared, you came here (VJ) to get real information from those that have gone before, take the advice or not, that is up to you, but it is good information and you still have time to improve your situation.

 

Good Luck!

 

 

I hear of the “too married” but from what I understood it’s because of engagement parties, traditional/religious ceremonies. For uscis is a wedding anyway even if it’s just religious. It doesn’t matter if it has no legal effects. So you’re too married for uscis to use k1 visa.