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SophieTheGamer

K-1 Visa Denied, what now? Appeal?

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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?

 

 

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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?

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Filed: Citizen (apr) Country: Russia
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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!

 

 

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Filed: Citizen (apr) Country: Canada
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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

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

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
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Filed: Citizen (apr) Country: Taiwan
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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 by missileman

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: K-1 Visa Country: Philippines
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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.

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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 by cyberfx1024
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