Can we get a k-1 fiance visa if we are married outside the US?

[Teddy B 17,251]

Yes, he was denied like 3 months after we were married. What is an OP? :-/

If there have been no major changes in your husbands situation in Egypt since his denial, then getting an approval on a second try is a long shot. But unfortunately the only way to find out is to spend the money and try. Usually owning property and prior travel to other countries and returning home on time is a big help.

[waitingstill21 44]

How long have you been married now?

I would try for the tourist visa again and give them as much info as you can...

An itinerary of your plans while you are the US along with and explanation of where you will be staying either in a hotel or with family.

Any employment info you can show proving both of your ties and desire to return to Egypt

Signed letters from employers stating that you have so much vacation available and that they know about the trip and that they are expecting you to return

Bank statements are not strong ties but showing that you have money in the bank in Egypt could help

An signed affidavit from you stating that you are coming to the US with him only for the ceremony and will be returning together after...I would call it a renewal of vows or celebration since you are already married

Your lease along with another affidavit from you just reaffirming that the two of you live together showing he has a home to return to

anything else at all even an affidavit from the person watching the cats showing they will be watching the cats and expect you to return to retrieve them

[Pennycat 880]

Yes, he was denied like 3 months after we were married. What is an OP? :-/

Hmm. Well....unless you (plural) or he has purchased property between then and now, or have had other major life changes that make you signification more settled in Egypt than you were.....there's probably not much of a chance. Honestly, there may not be much of a chance either way, because of the possibility that he just stays on that tourist visa (yes, even though you don't intend to do it and probably can prove it 6 different ways). It is completely unfair and really puts a huge logistic burden on a lot of folks, but the consulates really basically just play as if everyone is the "lowest common denominator"--everything from otherwise honest folks just looking for a shortcut to flat-out scammers who are planning to ditch their American wives at the baggage claim. Hooray for the selfish and the criminals making life stink for the rest of us.

While this is in no way ideal, or what you had planned at all---would a "destination wedding" somewhere where he has no or easier visa restrictions work out for your situation? I don't presume to know how much you were/are planning to spend on your US wedding, but sometimes you can have a smaller celebration for a fraction of what the "standard" wedding costs, and could possibly roll the cost of hotel/flights for the most important people in your lives (or those for whom it would be prohibitively expensive to go to a destination wedding). Like I said, not ideal at all--and I don't think that many people here have had an ideal wedding due to the immigration nonsense-- but perhaps a possibility.

Quick side note: if you ever do want him to immigrate to the US, know that you will have to prove the legitimacy of the relationship, and certain consulates take things like public weddings/family involvement in weddings etc very, very seriously.

[Elizabeth+Fred 35]

We are not considered married unless we get the Egyptian marriage certificate translated, authenticated and registered in the US. Right now I file my US taxes as "single" and there is no record of the marriage in the United States.

Although you MIGHT get away with that in the first step (getting the actual petition approved by USCIS) since

the U.S. doesn't "know" about the marriage (as you indicated), this WILL backfire because during the second

step (interview in Egypt) it WILL be known to the embassy/consulate officer. And since this info was not known

at petition time, they will consider that visa fraud.

So.... no. You are simply NOT eligable for a K-1, you will have to go the CR-1/IR-1 route, sorry.

--fred

[Eric-Pris 1,602]

The fact that you are a US citizen and can go to the US at will makes his chances of getting a tourist visa slim in my opinion. He will always be presumed to want to emigrate to the US. When you and he travel there, you can decide at any time to just stay and adjust his status.

You and he will need to prove extremely strong ties to Egypt.

Good luck.

BTW- If you were married on or before Dec 31, 2014, then when you filed your 2014 tax return in April 2015, you must use "Married". Your tax advisor told you that you didn't have to file as married because "you are only reporting one income". Did he get his license online? You need to fire him immediately, he has no clue about one of the most basic principles of tax accounting.

[Cathi 5,607]

co-mingling of finances in Egypt. bank accounts, joint insurance, copies of your job contracts, your rental agreement with you is evidence because it is proof you plan to return, even if his name isn't on it..affidavits from friends and family. There are many things to show your ties to Egypt.

[Girl from Celebes 588]

Then you'd better not read the response from the Embassy, since it will say the same thing. Please don't get snippy with people who are trying to help you, just because you don't like/don't want to believe the answer they give. People don't always have time to read all replies in a thread before before they respond with valid information. And, sometimes, people are typing and posting their responses at the same time without knowing it.

Kudos!

[Girl from Celebes 588]

OK.

1. We were not planning on lying about the marriage in Egypt. In the state of Illinois (where I am from) you can still register for and receive a marriage license even if you are married in another state or in a foreign country. We had every intention of being forthright about our Egyptian marital status but wondered if being that we are doing a full legal wedding ceremony in the US we could possibly qualify for the K-1.

2. You have all made it abundantly clear that this is not a possibility. I thank you for your replies but maybe some of you could have read the responses already made before repeating the exact same information 10 times.

3. As for taxes, I have been married under one year and my tax lawyer (who I use since I file from overseas) assured me that it is not necessary to file as a married couple since I am only reporting on one income. I am not trying to evade taxes or swindle the US government, our marriage was just very close to the filing date and it wasn't necessary.

Thank you all for your prompt replies.

Visa requirements fall under federal jurisdiction not a state. So, it means when you want to deal with any kind of visas process then you have to deal with the federal government.

[Ebunoluwa 6,136]

I would rather have a general consensus of 10 people saying the same thing than just one being wrong and don't get your comment in regards to people "should read everyone's comments." Quick way to tick people off here. Since you already got advice I am holding my opinion.

[Amhara 460]

Wrong. As others have said, married is married. You do not need it registered in the usa. You're filing your taxes fraudulently and should fix this asap.

No, you aren't really filing taxes illegally, but you probably aren't choosing the best filing status. Technically, according to the IRC, a nonresident alien (NRA) can't file a joint return; however, there is an exception if you are married to a USC or resident alien. Since you are not living apart, you wouldn't be eligible to file as single. However, it's an error in the eyes of the IRS - as if you claimed your mother as a dependent, but you weren't eligible to do so. Unless you intentionally filed as single to avoid paying the correct amount of tax it's not fraud. But you really did do it wrong. It's either ITIN and MFJ or MFS. Otherwise, 'NO SOUP FOR YOU!'

[Amhara 460]

What kind of evidence have people had success with in proving ties to their home city? I have read you need to show something pretty big like owning a business or a zillion kids enrolled in school. We both work here and have contracts, my husband is a fairly well known author and translator in Egypt, we rent our apartment (in my name not his because of my work), we own 2 bicycles and 4 cats. Other than that we don't have much to show. I've been told bank accounts, airplane tickets and hotel reservations won't work.

Do you think showing our wedding invitation would help? We aren't sending them unless he gets the visa but we have a few printed. Or would that just hurt our cause people they will think since we are getting married we will stay. And why would he immigrate illegally when he can do it fairly simply (all things considered) legally?

I know you are getting different opinions on here, but all this sounds like pretty strong evidence..ESPECIALLY the fact that you BOTH have job contracts. Did you guys present this information during the first interview?

Not that I know, but I would think presenting your Egyptian marriage certificate to prove that you are already married would help establish that you are NOT intending to come to US to marry and stay. Especially if you have a lease and can show that you will return. You guys sound pretty stable in Egypt; that's crazy that you would get denied a visitor's visa to have a ceremony with your American friends and family! They say that's what it's for!

[Fan_Dancer 171]

I know someone who came into the US on a K1 visa, got married, but did not apply for AOS. She was here for a couple of months before she decided she hated it, so she and her American husband moved back to her country. He lives there legally, but half a year or so later, they got a wedding invitation in the US. She applied for a tourist visa and was denied. 6 months later after that, she applied again and was granted one.

So the more you live there and are married and set ties, the greater the chances of getting a tourist visa.

[Ihavequestions 419]

As others have said, married is married, so the K-1 is out of the question. Whether he will be granted a tourist visa or not remains to be seen. There's nothing wrong with wanting to share a marriage ceremony/reception with friends and family who were not able to be in Egypt when you married. Just be sure he FULLY explains that.

One question, though. On the tourist visa application that was denied, did he say he was married or single?

Oh, and fire that tax person and amend your return.

Edited July 24, 2015 by Ihavequestions

[Cyberfx1024 7,978]

As stated before whoever you filed your taxes with is not a smart one at all. The reason why I say this is for a number of reasons:

1. Why would you file "Single" if you are "Married"? You are losing money to the government by filing "Single", so why would you want to give them even more of your money?

2. If you do decide that y'all want to immigrate later on down the road, then you are supposed to show tax returns aka proof of income. It will be a big red flag that you have kept filing "Single" for a number of years if you are supposedly "Married" and filing for a CR-1 from the embassy/NVC side of the house.

So why wouldn't you just file "Married" anyway, you guys are married.

Edited July 24, 2015 by cyberfx1024

[hir0 49]

Do not doubt the U.S. government, with as long as the immigration processes take.. they dig and I believe they can find it all out. What people said is very correct. You should apply for a spousal visa.

Good Luck!