My visa was denied(DSL-851A)212(a)(5)(A) on 6th 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,

1) Your wife specified in the green card process she was not married.
2) You did not complete government registration of your marriage (meaning you did not appear before magistrate 1 month later to pick up certificate).
3) You have only had religious ceremony

Technically, you are not married in a government sense. If you are denied on the I-130 that is the end of the case. There should be no need to "cancel" this I-130 petition, since the CO denied it.

I would do as the Consulate Officer recommended and file for a K1 visa (I-129F). It should reunite you both here in USA in a quicker time compared to the I-130. Then get your marriage certificate here in USA.

Yes I confirm the above. Get a 129F and come quicker on fiancee visa then get married. Paperwork here will be more and longer processing but you will be together, and you will be in the US. If you knew you guys did not have a proper marriage then you should not have filed the I-130, where even straight cases, where theres no question about marriage is STILL questioned by the consulate. They are getting stricter and stricter but in you case, the marriage was not even valid so this should have been expected. But anyway too much time is NOT lost, file the fiancee visa and you will be fine, several months is nothing, you can come here quicker with this visa.


I know it is hard to get a disappointing answer at the embassy, but I feel you. My husband didn't get his visa yet from an interview over 7 months ago and 3rd time appearance at embassy ... we are still waiting, Insha-Allah everything will be all right.

My prayers to you, get a positive attitude and file that 129F, Insha-Allah there will be no problem.

Tammy

The K-1 route may not always be faster. For example, in Canada-the wait time for a CR1 visa interview was roughly equivalent to the wait time for a K-3 visa interview. The K1's were waiting about the same length of time. Yes, the K1 visa route does involve less time at the NVC and that may affect the total wait time by about a month.

Another consideration is visa cost. The cost for adjusting status has tripled in the past year.

If you were to marry legally and have it recognized by the Indian government, then your spouse would be eligible for a CR1 visa-which is an immigrant visa. So, no adjustment of status would be necessary. Your spouse would have their green card so they can work and travel immediately. And if the wait time is equivalent-why not?

Have you looked at the India subforum here at VJ to see what the approximate wait time for interview at your embassy is? That may help guide your decision.

Good luck!

yes In india DCF is quicker to get visa date (5-6month).but she has to stay here for 3month to file I130.do i need to cancel current petation to file new I130?or i can call my wife here and file new one.if i file from US then it would be 10-11 month.

thanks,

Was Hindu marriage registered?


Why wasn't Hindu marriage disclosed during applying for citizenship?

I would NOT recommend to just go for a fiance visa. You need to make clear first whether you are married or not for legal purposes (if in India, then it is considered legal in USA). I would recommend you speak with experienced attorney: one that also knows Indian family law.

I do agree with Jula-it doesn't make sense to apply for a fiance visa. It sounds to me that you are indeed married, although both the Hindu and civil marriage was not recognized by the CO during your first application. Hence the rejection.

I'm not sure what the process is to cancel a denied application. I guess I always thought that if a petition was denied then the parties could either a) file an appeal or the denied application just kind of goes *poof*. I'm sure that ( doesn't happen. Does anyone know how to cancel a denied application?

To the OP, did the consulate officer give you any information as to how you'd cancel your original application? Perhaps an email to the consulate would be useful.

When the Consulate Officer DENIED you then your peitition dies. In effect, the DENIAL is the cancellation of petition.

Whatever you do, remember that you have the burden of proving your marital status.

If you file K-1, you'll have to prove that you're not married, despite the fact that you went through a ceremony. You'll have this burden when applying for the visa, and you'll also have this burden of proving that you're not married at the port of entry. People have been denied entry at a port of entry because they were carrying wedding photos or wearing wedding rings, and the immigration officer had reason to believe they were married. Immigration officers at the ports of entry don't know the marriage laws of all foreign countries, and don't know which countries require legal ceremonies and which will recognize a religious ceremony. So if it seems to them like you might be married, they can deny entry.

If you file K-3 or CR-1, you'll have the burden of proving you are legally married, and that your marriage is legally recognized by the authorities who have jurisdiction over the place where the marriage took place. You'll need a legal marriage certificate.

If your marital status appears ambiguous or difficult to prove, it may be easiest to get legally married, get documentation of the fact that you're legally married, and then go for the K-3 or CR-1.

Thank you all..for ur advice.
I called CIS at New delhi,india .They told me that I don't need to cancel this file(as it is denied).You can Marry again by proper procedure and PUT New I130 by DCF(wife has to stay 3 month in india) or in USA.I think this would be right choice as K1 are getting same time line and there r doubtful getting k1visa.
I am waiting answer from Lawyer from US,to confirm this.

thanks again,

Lawyer told he will put file i130 on our old marriage(green card-2005) and filgt case if question arises. while i told co that i didnot have hindu marriage at time of interview-2008, so i doubt that this is conflict.
also she told not married at time of citizenship-2006.so we took another certificate of different marriage date-2006 and used as base of I130(which is denied).
Or I can marry again properly(hindu & Civil)and put new file DCF.

Thanks,

I googled 212(a)(5)(A) and it comes up as a labor certification and qualifications program. This is not the usual statute that is used to reject family-based immigration applications. The fact that you were rejected for a CR1 visa under this statute is, I think, an incorrect application of the immigration law.
link:
http://www.americanlaw.com/exclude6.html