can I really do this on my own....and a couple of questions I am worried about

[Boiler 45,466]

I was just thinking about it from the Adult Childs perspective

 

She and her children have moved in with you.

You will have provided a letter committing to marry to the US Government

 

Seems that boat has sailed.

[MichaelChanthou 0]

3 minutes ago, Boiler said:

So you file the K1 and they say ahh we see you 'married' in Cambodia so then have to go the marriage route, how long will that take?

 

It seems you have a few Joint Sponsor opportunities but the conservative route would be if your last 3 tax filings and your current income meet the requirements.

In Cambodia it is almost impossible for a foreigner to get an actual Cambodian marriage certificate.  Its just a mess of regulations and rules. but yes. there was a ceremony.  Are you saying that this ceremony would make the US say "you are married already" and deny my K1....even if there was no paperwork or marriage license or anything like that?

my tax returns do NOT show income to meet the requirements. 
So income would just be my current income from the VA and new job.  
Do you think that is an actual problem? or just maybe questions that I will need to address?
My children are adult....but 2 in college and only 1 has a real job. they are not really Joint sponsor material.  haha.

 

[SalishSea 17,819]

2 hours ago, MichaelChanthou said:

The engagement party is pretty much a wedding in Cambodia.

This is why you're not eligible for the K-1.  It would be a huge waste of tie and money to pursue this.

 

Get married, petition for a spousal visa, then have a wedding celebration in the US later on.   

[MichaelChanthou 0]

9 minutes ago, Sarah&Facundo said:

It's not really about "choosing" which one is best for your situation, as you mentioned before. You either qualify for the K1 or the CR1. From what you've written, you do not qualify for the K1.

I am seeing statements to this affect a couple of times, but I am unable to understand.
There is no marriage certificate
Cambodia does not "legally" recognize us as being married in ANY WAY.
I have ZERO rights or anything in Cambodia different than any other tourist.

HOWEVER.....
The Engagement party WAS a ceremony.
The Family did bless us as a couple
That ceremony allowed the family to feel that we were not violating tradition by living together and the neighbors do not think bad about her etc etc.

SO.......In the US....with everything being Law based etc.....would they call us married even though there was NO kind of paperwork filed and no Cambodian Marriage certificate or anything like that?  

I would think the opposite would hold true.  Someone would have a ceremony like that try to file for CR1 and the US would say "there is no legal paper trail to say you are married, so you are not married" and make them file K1.  

I am NOT asking to be belligerent.  I am asking very sincerely.  I hope that comes across.

[TBoneTX 45,266]

6 minutes ago, MichaelChanthou said:

this ceremony would make the US say "you are married already" and deny my K1....even if there was no paperwork or marriage license

Yes.

6 minutes ago, MichaelChanthou said:

it is almost impossible for a foreigner to get an actual Cambodian marriage certificate

You can marry by means of the Utah Zoom process.  Search for it on this site.

[Boiler 45,466]

Too married for a K1 is possible.

 

I would work on a solid Joint Sponsor.

 

Utah as a marriage option I thought was mentioned.

[SalishSea 17,819]

7 minutes ago, MichaelChanthou said:

Are you saying that this ceremony would make the US say "you are married already" and deny my K1....even if there was no paperwork or marriage license or anything like that?

Yes, 100%.  I have been reading VJ for 9 years, and have seen it many, many times.

[TBoneTX 45,266]

1 minute ago, MichaelChanthou said:

would they call us married even though there was NO kind of paperwork filed and no Cambodian Marriage certificate or anything like that?  

It happens very, very often, and we read stories here about it all the time.

[SalishSea 17,819]

56 minutes ago, MichaelChanthou said:

I need to clarify this.
Are you saying that AFTER I do the K1....we are in the US...married etc.  
In order to do the adjustment of status....even if I do that paperwork ourselves.....
for wife and 2 kids that will cost like $4-5k ADDITIONAL?

I knew there was additional fees....but....ummmm......WOW.

I suggest you begin thoroughly reading and researching....become an "A" student of the process.  It's worth it to know what you're doing.

[apnzz 229]

Yes, the fact you had a ceremony of any sorts, officers would considered you "too married". It is not uncommon for k1 denials to occur simply because the petitioner and beneficiary did some variation of a ceremony or celebration, even engagement parties themselves have resulted in denials at the interview stage because, to an officers point of view, they consider that you're " too married ". 

 

They do not like to see any type of ceremony or, celebration that looks too much like a wedding.

 

That alone can result in your denial. One of the requirements for the k1 is both individuals are free and willing to marry, and a ceremony essentially voids that requirement.

 

That's why it's a common saying to say " too married " for a k1, not married enough for a cr1, so, like the others have recommended, spousal visa seems best here.

 

K1 has an initial filing fee, (was $535 not sure what it is since increase), then additional fees for medical exam (varies country to country but can often be anywhere between 200 and 500$, maybe even more for some),visa fee of several hundred, then you file adjustment of Status AFTER k1 approval and the beneficiary goes to the US and marries, not to mention the additional fees for any potential children. It's several thousands.

 

Spousal is much cheaper and more appropriate for your situation, and less risk. With a k1 you're so likely to get denied based on this thread so far. 

[apnzz 229]

25 minutes ago, MichaelChanthou said:

SO.......In the US....with everything being Law based etc.....would they call us married even though there was NO kind of paperwork filed 

Yes. Exactly this.

 

For the k1 the beneficiary is interviewed at a US embassy in their country, the officer interviewing you will likely deny you based on the ceremony you had. It happens all the time. 

 

Because, yes the process of obtaining a visa is a legal formal process, but, you must meet the eligibility requirements and unfortunately with the k1 there is something considered 'too married'. It's for the US citizen to bring their foreign fiancé to the US to marry, but, if they are considered not free to marry, they are automatically ineligible.

 

So legally, yes,you may not be married, you may not have rights or abilities in certain countries like you previously described, legally you are not married - but - to the immigration and the officer interviewing; they can consider you not eligible for the k1 due to the fact you had a ceremony. 

 

 

[Boiler 45,466]

The bigger issue seems meeting the financial requirements.

[Sarah&Facundo 595]

39 minutes ago, MichaelChanthou said:

I am seeing statements to this affect a couple of times, but I am unable to understand.
There is no marriage certificate
Cambodia does not "legally" recognize us as being married in ANY WAY.
I have ZERO rights or anything in Cambodia different than any other tourist.

HOWEVER.....
The Engagement party WAS a ceremony.
The Family did bless us as a couple
That ceremony allowed the family to feel that we were not violating tradition by living together and the neighbors do not think bad about her etc etc.

SO.......In the US....with everything being Law based etc.....would they call us married even though there was NO kind of paperwork filed and no Cambodian Marriage certificate or anything like that?  

I would think the opposite would hold true.  Someone would have a ceremony like that try to file for CR1 and the US would say "there is no legal paper trail to say you are married, so you are not married" and make them file K1.  

I am NOT asking to be belligerent.  I am asking very sincerely.  I hope that comes across.

 

 

Correct--and no I don't take it as being belligerent. It is great you asked before embarking on a process that would cost you thousands of dollars and lost years just to get a denial. There is such a thing as "being too married for the K1 and not married enough for the CR1."

It looks like you fall in that category.  Please look it up on Visa Journey or online--you'll see lots of posts and stories about the same situation you are in right now.

 

The only way to solve that is to actually get married. You can get "paperwork married" online through Utah and have a typical traditional wedding down the road. Plenty of people do this. 

 

Then regarding the financial situation, you will have to provide 3 years of past taxes. You will need to show proof of over the correct amount of income, depending on your family size or find a qualified joint sponsor. There is no way around that.

[TBoneTX 45,266]

Thread is closed in favor of OP's new thread in the CR-1 Process forum, found here: