Immigrants Visa (Spousal Sponsored)

[Princeadem 0]

I met my wife years ago and she came down to my country for marriage which we did. She applied for fiancée visa owing to the fact that it is faster to get as she couldn’t wait to see me around in the USA. I was however refused for just no cause. We were later advised to file for spousal sponsorship as we are already married. The application has be DQ but I am concerned that the consulate may beam light on the initial claim that I was never married where as I had married. I need help to navigate this concern. Please advice me appropriately on steps to take to address it. Thank you

[Verrou 1,962]

Just be honest when they asked question 

[Marieke H 2,496]

2 hours ago, Princeadem said:

I was however refused for just no cause.

You were denied for a very valid reason: you were not eligible for a fiancé visa because you were already married. 

 

Just be truthful from now on.

[carmel34 3,622]

7 hours ago, Princeadem said:

The application has be DQ but I am concerned that the consulate may beam light on the initial claim that I was never married where as I had married. I need help to navigate this concern.

The officer conducting the visa interview is likely to ask about this, and it could be viewed as misrepresentation, which is a serious issue.  Complete honesty from now on is a must in this situation.  You will not know for sure what the officer will do, they have discretion in these situations, to either approve the spousal visa, deny it for past misrepresentation, or give the opportunity to submit a waiver.  Be honest in the interview and prepare accordingly.

[Princeadem 0]

1 hour ago, carmel34 said:

The officer conducting the visa interview is likely to ask about this, and it could be viewed as misrepresentation, which is a serious issue.  Complete honesty from now on is a must in this situation.  You will not know for sure what the officer will do, they have discretion in these situations, to either approve the spousal visa, deny it for past misrepresentation, or give the opportunity to submit a waiver.  Be honest in the interview and prepare accordingly.

Thank you, can I submit a waiver before the interview? If yes, how do I go about it? However, I am trying not to raise any dust as the misrepresentation was done in the previous application not the new one. Thanks

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***

 

[Redro 4,611]

3 hours ago, Princeadem said:

Thank you, can I submit a waiver before the interview? If yes, how do I go about it? However, I am trying not to raise any dust as the misrepresentation was done in the previous application not the new one. Thanks

Is this the same wife or a different wife? 

[Princeadem 0]

23 minutes ago, Redro said:

Is this the same wife or a different wife? 

The same wife

[Redro 4,611]

8 minutes ago, Princeadem said:

The same wife

Tell the truth in your interview. As you were already married you filed the incorrect petition. Did you both claim you were single and free to marry in your K1 application? How did the CO discover you were married to each other. 

[SalishSea 17,819]

15 hours ago, Princeadem said:

I met my wife years ago and she came down to my country for marriage which we did. She applied for fiancée visa owing to the fact that it is faster to get as she couldn’t wait to see me around in the USA. I was however refused for just no cause. We were later advised to file for spousal sponsorship as we are already married. The application has be DQ but I am concerned that the consulate may beam light on the initial claim that I was never married where as I had married. I need help to navigate this concern. Please advise me appropriately on steps to take to address it. Thank you

“No just cause”?   Huh?   You were denied because you were ineligible for the visa.   
 

Going forward, you will want to do everything with 100% honesty if you want to immigrate.

[SteveInBostonI130 3,434]

22 hours ago, Princeadem said:

I met my wife years ago and she came down to my country for marriage which we did. She applied for fiancée visa owing to the fact that it is faster to get as she couldn’t wait to see me around in the USA. I was however refused for just no cause. We were later advised to file for spousal sponsorship as we are already married. The application has be DQ but I am concerned that the consulate may beam light on the initial claim that I was never married where as I had married. I need help to navigate this concern. Please advice me appropriately on steps to take to address it. Thank you

 

1) Did USCIS approve the I-129F?  If yes,

 

2) What you put down on the DS-160 for the K1 interview.  Did you state you were married or did you state you were single?

 

It all depends on what you submitted on the DS-160.  If you were honest then the CO rightly denied your K1 visa because you were married.  If you stated you were single, and also if you submitted a letter stating you were single and intended to marry after getting the K1 visa, then you face misrepresentation.

 

If just USCIS denied the I-129F, then you may be ok, as long as you did not submit a signed letter stating that you were single and will marry when you get the K1.

[Demise 1,281]

23 hours ago, Princeadem said:

I met my wife years ago and she came down to my country for marriage which we did. She applied for fiancée visa owing to the fact that it is faster to get as she couldn’t wait to see me around in the USA. I was however refused for just no cause. We were later advised to file for spousal sponsorship as we are already married. The application has be DQ but I am concerned that the consulate may beam light on the initial claim that I was never married where as I had married. I need help to navigate this concern. Please advice me appropriately on steps to take to address it. Thank you

I mean the cause is correct. K-1 is for fiance(e)s, CR-1/IR-1 is for spouses. Regarding the process just own up to it, explain that you both misunderstood the process and filed the wrong forms. It's not a misrepresentation to not understand something.

 

Just to confirm one thing, there's no issues with polygamy going on here, right?

[Princeadem 0]

On 6/29/2023 at 10:36 PM, Demise said:

I mean the cause is correct. K-1 is for fiance(e)s, CR-1/IR-1 is for spouses. Regarding the process just own up to it, explain that you both misunderstood the process and filed the wrong forms. It's not a misrepresentation to not understand something.

 

Just to confirm one thing, there's no issues with polygamy going on here, right?

There is no polygamy here as we are the same in question. She was my fiancé and now we are married. She filed for me as fiancée 

[Redro 4,611]

16 minutes ago, Princeadem said:

There is no polygamy here as we are the same in question. She was my fiancé and now we are married. She filed for me as fiancée 

We understand this…the question is did you apply for the I129F and say you were unmarried:single  or did you apply for the I129f and state you had married leading to your denial… ? 

[Princeadem 0]

On 6/29/2023 at 12:02 PM, Redro said:

Tell the truth in your interview. As you were already married you filed the incorrect petition. Did you both claim you were single and free to marry in your K1 application? How did the CO discover you were married to each other. 

They have congratulated me and I submitted my passport for visa. I received a message from them that my wife’s earnings seemed below eligibility therefore my passport was returned. But her income was more than 50k , we were surprised with the decision. I believe there is more to that as she earned above poverty level 

Edited July 17, 2023 by Princeadem