K-1 Visa Denied, what now? Appeal?

[SophieTheGamer 9]

Hey Everyone,

 

So we got some pretty sad news that our Fiance Visa was denied.  We were denied because we told them about our unofficial wedding in Australia. We stated very clearly that the ceremony in Australia was unofficial we can provid paperwork stating that we are not married , they are confused and state that they think we are getting married in Australia. They ended up saying although we did meet the requirements for intention to marry they felt that our implied marriage barred us from the K1 Process. I did read on this site of some people receiving denial due to being "Too Married" in the USCIS eyes.

 

We were given the option to appeal for the fee of $675 USD. So Im wondering if its worth appealing, we can provide a certificate of single status to show that we are not married and a letter from the person performing our commitment ceremony stating it is not an official ceremony but is this

really going to help. Would it be better to apply for a spousal visa and get married here in Australia?

 

 

[htfaust 131]

Pointless to appeal, will delay you months and get you denied in the end.

Better course of action is to get married and file a CR-1 instead.

[SophieTheGamer 9]

Just now, htfaust said:

Pointless to appeal, will delay you months and get you denied in the end.

Better course of action is to get married and file a CR-1 instead.

Why do you say that, is it  because once they have made a decision of that nature it it not possible to prove otherwise? If we decide to get married and do a CR-1 do we need to cancel the K1 and can we apply for the CR-1 straight away?

[Perfect two 💑 1,147]

Just curious, why did you told them about unofficial marriage? Did they ask question about that? 

[Dashinka 24,411]

1 hour ago, SophieTheGamer said:

Why do you say that, is it  because once they have made a decision of that nature it it not possible to prove otherwise? If we decide to get married and do a CR-1 do we need to cancel the K1 and can we apply for the CR-1 straight away?

Apparently they believe you are "too" married for a K1 visa and they are pointing you to a spousal visa (CR1).  Many couples have been denied a K1 for similar reasons such as having unofficial religious ceremonies, etc.  You can try the appeal, but it will be a difficult hill to climb.  Personally I agree that the best course right now is to marry officially and file the CR1.  I don't think you have to cancel the K1 since it was already denied and should close out automatically, but others may have more experience with that specific question.

 

Good Luck!

 

 

[Hypnos 6,576]

It's going to be far easier to marry and file for a CR-1 than it is to convince them that you aren't married and they should issue your K-1.

 

This is the reason why advice here consistently says to avoid anything that looks remotely like a wedding ceremony when you're pursuing a K-1. And if you absolutely, positively have to do something like that, you don't publicise it. 

 

This is going to be especially true in a western country like Australia, which doesn't have any kind of local culture making this a normal, everyday occurrence there. 

[canadian_wife 1,818]

I am sorry this happened to you but the above advice is right.  I wish you had found VJ earlier and asked if this was advisable.  Resounding opinions are no because of exactly what happened to you two.

 

I suggest you cancel the K1 now, marry and file for the Cr1 spousal visa, which in my opinion is far superior to the K visas anyway.

Good luck

[Dutchster 1,107]

Don't appeal, it will be a waste of time and money. Get married and pursue the CR-1 visa. 

[geowrian 22,337]

I'm sorry to hear about your case. But I do agree...getting married and doing a CR-1 would be the path of least resistance and highest success.

 

For others who read this thread later...

Please....do not do anything at all that could be misconstrued as a wedding when seeking a K-1 visa. The lack of legal paperwork that you are married is NOT sufficient. If the CO believes that you are or may be married, then they have to refuse the visa.

 

Edit: Oh wow...I just noticed your past thread. You were specifically advised not to do this and the risk involved.

Edited July 1, 2017 by geowrian

[Bugs 455]

Bottom line, it isn't so "unofficial" in their eyes.

 

Move on and file the CR-1 after getting a marriage certificate.

[Transborderwife 4,666]

As others have said, appealing is pointless 

[Crazy Cat 41,636]

Sounds like you are "too married" for a K-1.  K-1 is most likely off the table now. Time to officially marry and file for Cr-1.  Unfortunately,it will take another year or more to get your visa.

Edited July 1, 2017 by missileman

[Scandi 4,149]

You had another thread where you were adviced not to go through with an "unofficial wedding ceremony" and you still did it? A note to everyone else reading this and thinking about doing the same - always listen to the wise men and women of VJ!  

[Shauneg 762]

12 hours ago, SophieTheGamer said:

Hey Everyone,

 

So we got some pretty sad news that our Fiance Visa was denied.  We were denied because we told them about our unofficial wedding in Australia. We stated very clearly that the ceremony in Australia was unofficial we can provid paperwork stating that we are not married , they are confused and state that they think we are getting married in Australia. They ended up saying although we did meet the requirements for intention to marry they felt that our implied marriage barred us from the K1 Process. I did read on this site of some people receiving denial due to being "Too Married" in the USCIS eyes.

 

We were given the option to appeal for the fee of $675 USD. So Im wondering if its worth appealing, we can provide a certificate of single status to show that we are not married and a letter from the person performing our commitment ceremony stating it is not an official ceremony but is this

really going to help. Would it be better to apply for a spousal visa and get married here in Australia?

 

 

Now you know why you were advised not to do that. Only viable option is to get married and file that way.

[Cyberfx1024 7,980]

That is why I keep telling people not to do a traditional wedding. But a number of people on here think that it's ok to do it no matter what. Then complain about it when they get denied.

Edited July 1, 2017 by cyberfx1024