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Peonia23

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Posts posted by Peonia23

  1. 10 hours ago, Rocio0010 said:

    Wait! So you’re saying you’re married. When did you get married?

    I typed the text wrong, I wanted to correct it but it wouldn’t let me anymore.

    what I meant it was “ all of the text we submitted clearly show an intention to marry after the K1 approval and NOT of an already married couple” 

     

    I wouldn’t be here worring about a little mistake in my K1 visa if I was already married…that doesn’t make any sense. I obviously would have filed a I-130.  

     

     

  2. 10 hours ago, Mike E said:

    And I am out.

     

    Cancel your I-129F, and submit your I-130 and a copy of your marriage certificate. 

    I typed the text wrong, I wanted to correct it but it wouldn’t let me anymore.

    what I meant it was “ all of the text we submitted clearly show an intention to marry after the K1 approval and  NOT of an already married couple” 


    obviously I’m not gonna cancel my K1 when my fiancé and I are not married. I couldn’t do the I-130… 

  3. 9 minutes ago, MonkeyDan said:

    You are correct that conversations are not a requirement and that's why many people on here say don't even send them.  However, the original poster did send the conversations and the conversations show that they refer to each other using the same surname (just like a married couple).  This is the concern because now the CO will believe that they actually are married or are carrying themselves in public as if they are a married couple (i.e. common marriage) and for these reasons, they can be denied. 

    Why would we do the k1 visa if we could do just a spouse visa if we were actually married? We could have done the spousal visa but since we’re not married we can’t. That makes no sense. I think the officer is gonna understand that. 
    plus we were really transparent about it and we specified we’re not married. 
    We got plenty of other proofs, like photos together ecc.

  4. 1 minute ago, Rocio0010 said:

    They can deny it at any point, or wait until the interview. And they might not even deny it. 

    I wouldn't go to the Embassy and start yelling WE ARE NOT MARRIED!!!! As soon as I come in. I would wait until I am asked, and offer an explanation there and then.

    Okay, sorry but I’m so anxious. 
    I’ve been waiting for 13 months now and everything it’s starting make me nervous. I’ll wait and see. 

  5. Just now, Rocio0010 said:

    Depends on the officer, so no point in worrying. You're still far from the interview.

    Can it be denied on the NOA2 too or not for this reason? 
     

    I’ll make sure to always tell the truth of why he calls me like that. We use it as a term of endearment. I’ll be 100% transparent with them. I got nothing to hide and I did nothing illegal for the K1. 

  6. 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

  7. 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. 

  8. 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. 

  9. 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. 

  10. 1 minute ago, iwannaplay54 said:

    You are right to be concerned.  Couples have been denied for submitting photos of their engagement parties dressed in traditional outfits.  
    Submitting chats with matching last names?  Worse in my view.

    Even if we specified we aren’t actually married and it was a way for my fiancé to call me? 
     

     

  11. 7 minutes ago, Mike E said:

    There are 100s of countries and within each country upwards of hundreds of jurisdictions where people can be married. The standard of evidence and burden of proof is not like that of US  criminal law. Thus as written the immigration law doesn’t put the  onus on the U.S. government to prove you are married. The onus is on you to prove you aren’t.  Since you cannot prove a negative, once you’ve raised reasonable doubt, you will have to marry and get a different visa. 
     

    The reason for this is that the U.S. government has been burned too many times by people who are married but try to use the K-1 with its lower burden of entry.  
     

    Using each others surname is strong evidence that you are married. 

    Well, we specified with a note we’re not married and that was a way my fiancé likes to call me. We were really transparent. If you’re guilty of something you try to hide it. 
    Also in my country you keep your last name even after the wedding, I wouldn’t get my husband last name. 

  12. 3 minutes ago, Mike E said:

    1. The law is the law.  
     

    2. There was no shortage of materials on this site warning you to not submit evidence that referred to each other as a spouse. 

    Yes it is the law but if you don’t have legal proofs that actually show we’re husband and wife then it’s just suspecting somebody. 


    I did not know the existence of the website. 

  13. Hi everyone! 
    I’m thinking about something and it’s making me really anxious. 
    When my fiancé and I filed the K1 visa as proofs of relationship we included screenshots of our chats. My fiancé saved me in his phone with his last name just because he likes calling me like that. We also left a note saying that was a way to call me and that my last name was still the same.

    Will this be a problem during the approval? 
    Someone helps me I’m nervous😭😩

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