K1 visa case being returned to NVC

[Babasahb 0]

Hello everyone! I submitted an i129f for my fiancée in Afghanistan. In September of 2012 I went to Afghanistan to throw an engagement party. The day after I got there, we had the religious ceremony to allow us to be able to see each other and speak to each other. We threw the party the next day and we were allowed to be together since we has performed the religious ceremony. We never threw a wedding as we were planning to do that here in the US as all my family is here. We did obtain a document called a nikka khat in our language where we both myself and my fiancée had to declare our relationship, so essentially a marriage certificate.

I came home after being with her for a month and filed the i129f. Because we had not actually gotten married, I decided to apply for the fiancée visa for a K1. Since I have grown up in the states, I never gave any attention to the religious ceremony or the document we got in our language. I submitted pictures of the ceremony and even labeled them nikka on the back, which is the name for the ceremony. I also submitted copies of my passport and everything.

We were approved with the uscis in May of this year and the case was sent to kabul. I decided to visit her again this past august and the day after I got there, she got a call for her interview. We gathered all of our paperwork and scheduled the medical. We went to the medical, and they asked if she may be pregnant since she needed to be vaccinated. We weren't sure if she was or not, so we decided to be safe and the doctor said he can waive the requirement because of the potential pregnancy.

She went to the interview, and was asked only a couple of questions. One of which was, where was your fiance after the engagement. My fiancée told him the truth which was that I was with her. She said she explained that after the nikka ceremony, we were together. She said the officer and the translator asked her several times when her wedding was. Because we never actually had a wedding, she said she would respond we are not married, we just did the religious ceremony and that's it, that we are planning on getting married in America with the huge reception and all.

They gave her a yellow card that said the case is under further review and they told her they would call her soon. We never got a call, and I returned to the US very disappointed. I check the status of the case everyday and as of two weeks ago, the case is returned to the NVC.

I am very upset as now, she is in fact pregnant. I have hired a lawyer that has advised me to not wait for any response from USCIS, and just apply for the i130 petition. I explained to him the circumstances and he says he strongly believes that the case was returned because the co feels we were in fact married. I have given him all the documents to begin the i130 process, including the marriage cert.

I am worried that she will never be able to come here. We did nothing intentional to misrepresent the case or ourselves. I feel that I should have had a lawyer at the beginning of all this, and we could have avoided this all.

Will applying for the i130 make a difference? At this point, I am not even worried about the fact that this could take another year. I am more worried that she will never be able to come here and be barred.

I want to know the exact reason why it is being returned even though I am almost certain that it is because we are not eligible for a fiancée visa since we are married in the eyes of the co.

Is this course of action the best way to go? We don't want to wait for anything from the uscis bc the lawyer said it could take a while before we get that letter.

Anyone been in a similar case? I feel like this is just a huge misunderstanding, and I hope that this will not permanently ban her from coming to the US.

[Girl from Celebes 588]

Hello everyone! I submitted an i129f for my fiancée in Afghanistan. In September of 2012 I went to Afghanistan to throw an engagement party. The day after I got there, we had the religious ceremony to allow us to be able to see each other and speak to each other. We threw the party the next day and we were allowed to be together since we has performed the religious ceremony. We never threw a wedding as we were planning to do that here in the US as all my family is here. We did obtain a document called a nikka khat in our language where we both myself and my fiancée had to declare our relationship, so essentially a marriage certificate.

I came home after being with her for a month and filed the i129f. Because we had not actually gotten married, I decided to apply for the fiancée visa for a K1. Since I have grown up in the states, I never gave any attention to the religious ceremony or the document we got in our language. I submitted pictures of the ceremony and even labeled them nikka on the back, which is the name for the ceremony. I also submitted copies of my passport and everything.

We were approved with the uscis in May of this year and the case was sent to kabul. I decided to visit her again this past august and the day after I got there, she got a call for her interview. We gathered all of our paperwork and scheduled the medical. We went to the medical, and they asked if she may be pregnant since she needed to be vaccinated. We weren't sure if she was or not, so we decided to be safe and the doctor said he can waive the requirement because of the potential pregnancy.

She went to the interview, and was asked only a couple of questions. One of which was, where was your fiance after the engagement. My fiancée told him the truth which was that I was with her. She said she explained that after the nikka ceremony, we were together. She said the officer and the translator asked her several times when her wedding was. Because we never actually had a wedding, she said she would respond we are not married, we just did the religious ceremony and that's it, that we are planning on getting married in America with the huge reception and all.

They gave her a yellow card that said the case is under further review and they told her they would call her soon. We never got a call, and I returned to the US very disappointed. I check the status of the case everyday and as of two weeks ago, the case is returned to the NVC.

I am very upset as now, she is in fact pregnant. I have hired a lawyer that has advised me to not wait for any response from USCIS, and just apply for the i130 petition. I explained to him the circumstances and he says he strongly believes that the case was returned because the co feels we were in fact married. I have given him all the documents to begin the i130 process, including the marriage cert.

I am worried that she will never be able to come here. We did nothing intentional to misrepresent the case or ourselves. I feel that I should have had a lawyer at the beginning of all this, and we could have avoided this all.

Will applying for the i130 make a difference? At this point, I am not even worried about the fact that this could take another year. I am more worried that she will never be able to come here and be barred.

I want to know the exact reason why it is being returned even though I am almost certain that it is because we are not eligible for a fiancée visa since we are married in the eyes of the co.

Is this course of action the best way to go? We don't want to wait for anything from the uscis bc the lawyer said it could take a while before we get that letter.

Anyone been in a similar case? I feel like this is just a huge misunderstanding, and I hope that this will not permanently ban her from coming to the US.

US consulates have knowledge of religious marriages. For instance, in Islam, you can't cohabitate with someone unless you're married to her/him. That's why in US consulate perception you're already married even though it's only religious ceremony. My big fear of your case-I really hope am wrong- the US consulate will thinking you and your fiancee did mispresentation for chose K-1 visa instead of spousal visa by providing false information on the application.

Edit:

In particular case, your fiancee in Afganistan which is stronghold of Muslims population. With cultures and customs there, you will stoned to death if you cohabitated with someone out of wedlock.

Edited November 22, 2013 by Girl from Celebes

[Dan from MI 23]

Sorry buddy, you sound like a married person. The interviewer working at the consulate knows the culture and custom of the country they are working in and as well as knowledge of religious marriage. Islam is very strict about cohabitated with someone out of wedlock and the consulate is aware of that also.

Looks like you would have to go the CR-1 route.

[farhad 0]

Salam babasahb

I am going through the same situation did nikah but never went to court to obtain a marriage certificate my party was an engagement party. However when my fiancé went to the interview she was accused of being married and case was sent back after eight month of review I got denial letter as of November it have contacted several. Lawyers still waiting for their advise what is the next step and they tell me to go get married but one question remains when my wife goes to the interview they will accuse her of lying first time and according to my lawyer she has to apply for wavier of inadmissibility than the vise will be issued I hope you get a fast response from your lawyer and keep me updated about your status .best of luck hopefully we get our loved ones home soon

Salam babasahb

I am going through the same situation did nikah but never went to court to obtain a marriage certificate my party was an engagement party. However when my fiancé went to the interview she was accused of being married and case was sent back after eight month of review I got denial letter as of November it have contacted several. Lawyers still waiting for their advise what is the next step and they tell me to go get married but one question remains when my wife goes to the interview they will accuse her of lying first time and according to my lawyer she has to apply for wavier of inadmissibility than the vise will be issued I hope you get a fast response from your lawyer and keep me updated about your status .best of luck hopefully we get our loved ones home soon

[foxified66 0]

Babasahb,

My case was sent back last month too. I have not had a nikka and my fiancé is a male. I am not certain why my case was sent back. I did switch jobs so the I-134 was no longer valid. We did report this to the Kabul Embassy. A CSR at the NVC said this could be my reason or my case could have been chosen at random. I think that we assume that something is wrong when maybe nothing is wrong and this is just the way the system works. An agent at USCIS said that I have another year to wait as there are about a thousand cases ahead of me. I hear the panic in your posting and this is exactly the way I felt when I received my letter on October 21, 2013. I had to accept that this was God's will and I believe that he will be given a visa eventually. God has His plan so I will wait. As far as my opinion goes, I would file the I130 paperwork as your future wife is pregnant and there is no reason to put her well-being at risk if it is not already. Islam in Afghanistan is very strict, perhaps refraining from activities which could have put her in jeopardy would have been a good idea.

Hang in there, you are not alone.

Donna