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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion

cmp211
Hi...VJ's

My visa was denied(DSL-851A) on 5th may2008 becuase we didnt followed proper marriage procedure:
-I showed him that I did indian court marriage only.(But we did't given 1 month notice to court so this is not valid marriage as per indiancourt marriage law)
-We did hindu marriage previously while she was having GC.but at time of Citizenship she didn't showed that she is married .that is why we preffered to say that I did only court marriage,no hindu marriage after or before this ;also given in writing to CO this.
so as per hindu(as we didn't mensioned) or court marrige(1month notice not given) our marrige is not valid and CO denied visa.
CO suggested to re-marry and file I-130 again.or apply for K1.

Anyone have idea what to DO in this case now.
To refile I130 we first need to cancel current denied petation.How much time it takes to cancel this?and what is procedure.

Any suggestion Higly appreciated.

Thanks,
PatiencePaidOff
QUOTE(cmp211 @ May 8 2008, 02:38 AM) *
Hi...VJ's

My visa was denied(DSL-851A) on 5th may2008 becuase we didnt followed proper marriage procedure:
-I showed him that I did indian court marriage only.(But we did't given 1 month notice to court so this is not valid marriage as per indiancourt marriage law)
-We did hindu marriage previously while she was having GC.but at time of Citizenship she didn't showed that she is married .that is why we preffered to say that I did only court marriage,no hindu marriage after or before this ;also given in writing to CO this.
so as per hindu(as we didn't mensioned) or court marrige(1month notice not given) our marrige is not valid and CO denied visa.
CO suggested to re-marry and file I-130 again.or apply for K1.

Anyone have idea what to DO in this case now.
To refile I130 we first need to cancel current denied petation.How much time it takes to cancel this?and what is procedure.

Any suggestion Higly appreciated.

Thanks,


This is really pathetic !

When did you marry ? When you married, the petitioner were U.S Citizen ?

If Consulate says so, you don't have any other option other than re-filing I-130 again. You should talk to an attorney for your case, because these are rare. Current I-130 process may take anywhere between 4 months to 9 months. NVC can be done in 2 months and another 1 month for Consulate.

However, I would suggest you to go with K-1 path and get married in the U.S. That can be done, may be in couple of months time from now. But talk to an attorney about I-130 cancelation procedure. Hope this helps out.
MsZ
I'm sorry but I don't really understand what happened. I don't understand why you would "prefer to say" only part of your story to immigration. It seems to me that you present them with all of the evidence and they'll take what they need.
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