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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > Direct Consular Filing (DCF) General Discussion

jessibicho
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Hello to all. This is my first post. I am married to an Ecuadorian and we are in the process of getting the K-3 visa. We did the DCF route but we were not fully prepared and I think we may have ruined our chances. The thing is that at the time we got married we didnt tell our parents / this was my decision because I dont have the greatest relationship with my father and he is NOT happy about me having a relationship with anyone who is not an American sad.gif .... In any case when we went to turn in the I - 30 the officer asked why our parents didnt attend and we told her that we hadnt told them yet. She made a big fuss about it and so now my mother and his parents know. We recieved the notification that the I - 30 went through and are waiting to recieve the packet 4 (which I wonder about because of the Ecuadorian mail system) - In any case I need some advice about how to handle this situation.

When my husband goes for his interview I assume that they will ask him about this. I have prepared a cover letter explaining this and my mother has written a letter as well. We also have letters from friends, people who lived in our apartment, shared lease information, a photo album, emails and ticket stubbs of events we have attended together.

Do you think we are doomed? What can we do to remedy this? Any advice or people with experiences in the Ecuadorian embassy would be greatly appreciated.

Thank you very much!
Jessica
meauxna
Jessica.. where in all of this are you doing a K-3? If you filed I-130 at the Consulate, it's highly unusual to also file an I-129f to the US for a K-3 visa-start.

Neither of us was asked about our parents in filing our case, and no parents attended our wedding & obviously were not featured in any photos. Since it did come up in your case, you'll simply have to give a reasonable explanation. I assume both of you are legal adults?
meddykomp
It sounds like you have petitioned for a CR-1, not a K-3. As long as you were legal to get married, your parents approval is not required.
jessibicho
QUOTE(meauxna @ Mar 15 2006, 12:22 PM) *

Jessica.. where in all of this are you doing a K-3? If you filed I-130 at the Consulate, it's highly unusual to also file an I-129f to the US for a K-3 visa-start.

Neither of us was asked about our parents in filing our case, and no parents attended our wedding & obviously were not featured in any photos. Since it did come up in your case, you'll simply have to give a reasonable explanation. I assume both of you are legal adults?


Thanks for responding - we are not filing the I-129f. We were told that the process could be completed quickly and that there would be no point to file the I 129f. Also for me to file the I-129f I would have to come back to the states.
We are both legal adults which is why I thought it was strange that we were asked to begin with, but now that we have been asked I feel as if we will encounter more problems with this when my husband goes to the interview.


QUOTE(meddykomp @ Mar 15 2006, 12:54 PM) *

It sounds like you have petitioned for a CR-1, not a K-3. As long as you were legal to get married, your parents approval is not required.



I believe that we filed a K-3 but may be incorrect. We did DCF to turn in the I - 130. The officer told us that we did not provide enough proof or evidence because of the situation with the parents. She asked for phone numbers of people who knew we were married and then she called them and tried to ask them trick questions and confuse them on dates. Obviously I had forwarned them and so after about 2 weeks she sent an email and said the I 130 had been approved and to wait for the packet 4 (which never came). Now we are getting the forms and info from a website but I know that I have to file an I - 864 and my husband has to have medical exams and then he can go for the interview. Would this be a CR - 1??
Thanks!
scy
Yes you filed for a CR-1 immigrant visa. You can't file a K-3 through DCF.

One of the many red flags that indicates a fraudulent marriage is a marriage where the family members do not know about or condone. Consular officers are trained to look for this, especially in certain cultures where the family is a big part of a person's life. While family acceptance is not required for a legal marraige, I'd be very wary of hiding anything from your family. You raised a red flag with the consular officer and I'd suggest having a lot of evidence of relationship at your interview. Having a couple of letters from your family members will help too.

Good luck.
meauxna
QUOTE(jessibicho @ Mar 15 2006, 08:42 PM) *

QUOTE(meauxna @ Mar 15 2006, 12:22 PM) *

Jessica.. where in all of this are you doing a K-3? If you filed I-130 at the Consulate, it's highly unusual to also file an I-129f to the US for a K-3 visa-start.

Neither of us was asked about our parents in filing our case, and no parents attended our wedding & obviously were not featured in any photos. Since it did come up in your case, you'll simply have to give a reasonable explanation. I assume both of you are legal adults?


Thanks for responding - we are not filing the I-129f. We were told that the process could be completed quickly and that there would be no point to file the I 129f. Also for me to file the I-129f I would have to come back to the states.
We are both legal adults which is why I thought it was strange that we were asked to begin with, but now that we have been asked I feel as if we will encounter more problems with this when my husband goes to the interview.


QUOTE(meddykomp @ Mar 15 2006, 12:54 PM) *

It sounds like you have petitioned for a CR-1, not a K-3. As long as you were legal to get married, your parents approval is not required.



I believe that we filed a K-3 but may be incorrect. We did DCF to turn in the I - 130. The officer told us that we did not provide enough proof or evidence because of the situation with the parents. She asked for phone numbers of people who knew we were married and then she called them and tried to ask them trick questions and confuse them on dates. Obviously I had forwarned them and so after about 2 weeks she sent an email and said the I 130 had been approved and to wait for the packet 4 (which never came). Now we are getting the forms and info from a website but I know that I have to file an I - 864 and my husband has to have medical exams and then he can go for the interview. Would this be a CR - 1??
Thanks!


OK, just so you are clear and can look up the appropriate terms when you're reading, your husband will apply for an Immigrant Visa (CR-1/IR-1). K-3 is nothing to do with you.

Your I-130 has been approved. That means that your citizenship has been verified, and your relationship to each other (marriage) is legal.

Now you have the visa portion of the application to tackle, and your husband will have to prove that you two have a valid marriage. Knowing ahead of time that the CO has doubts, or is curious about your unorthodox situation at least gives you the heads up that you must take this next part very seriously.

Your collective job is to show that he is eligible for an Immigrant Visa.

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