Please sombody help with a K1 visa issue, URGENT!!!!

[macharara 0]

Hi everybody,

I put my self in a situation thats very confusing. In November 2008, I filed for Fiance visa. In December 2008, i got an Islamic marriage in UAE in their court and its registered. after the Visa was approved and the interview appointment was set on May 31st 2009, I found out after talking to an immigration advisor that i have to withdraw my K1 visa and start K3 visa with I130 which takes alot of time to complete processing. Is there a possible way of fixing the situation without hiding the fact that I got married and get married again in US and without withdrawing the K1 visa? Did any one have a similar situation? Please advice as soon as possible.

I dont have much time to act and the interview is in alittle over a month due. i was thinking of just hiding the fact that we got married and show engagement evidence and hide the marriage evidence, but i am not really sure if they have a way to know if we are married and whats the chance that they would know and what would the consequences be? or just be honest to them at the day of the interview and tell them that we got married for religious reasons since she cannot move to US with me unless shes married first. and state that she s still single in the forms. I hate to take risk and things gets even worse later on.

i appreciate everybody's input.

[Badgerella 5]

There is no way that translates a K1 petition into any other. You have to cancel the pending one and then start all over again.

As for the rest of your questions - it's up to you to decide whether or not you want to sign documents that claim one thing, whereas the truth is something completely different. I, of course, wouldn't recommend lying.

[canadian_wife 1,831]

No, you cannot lie to the CO and tell them you are not married. If you are discovered you or your spouse is subject to deportation due to lying to a CO in order to get a visa. VERY bad news since it can also result in a ban.

DO NOT lie to a CO. You need to withdraw your K-1 and file the I-130.

Good luck.

[Gemmie 142]

You need to withdraw your K1 application.

If there are religious reasons for marrying before emigrating, a K3 should have been filed instead after the marriage.

There isn't a way to "hide" a marriage from the government anyway. The moment you apply for AOS, you'll be caught out based on the date of marriage on the certificate.

[brnidokiegurl 1]

you can never lie, they have ways to check, now if it had not been registered (more just religious) i believe you could have just still basically said single but once totally legal, you refile and start alllllllll over

[john_and_marlene 162]

Hi everybody,

I put my self in a situation thats very confusing. In November 2008, I filed for Fiance visa. In December 2008, i got an Islamic marriage in UAE in their court and its registered. after the Visa was approved and the interview appointment was set on May 31st 2009, I found out after talking to an immigration advisor that i have to withdraw my K1 visa and start K3 visa with I130 which takes alot of time to complete processing. Is there a possible way of fixing the situation without hiding the fact that I got married and get married again in US and without withdrawing the K1 visa? Did any one have a similar situation? Please advice as soon as possible.

I dont have much time to act and the interview is in alittle over a month due. i was thinking of just hiding the fact that we got married and show engagement evidence and hide the marriage evidence, but i am not really sure if they have a way to know if we are married and whats the chance that they would know and what would the consequences be? or just be honest to them at the day of the interview and tell them that we got married for religious reasons since she cannot move to US with me unless shes married first. and state that she s still single in the forms. I hate to take risk and things gets even worse later on.

i appreciate everybody's input.

There was a similar case in the news last year. The wife was from Japan and the Husband lived in Hawaii. They applied for K1, but got married before she came to the U.S. on the K1. When the fraudulent use of the K1 was discovered, she was deported and is now banned from ever coming back to the U.S. because of the material misrepresentation and fraudulent use of the K1 visa at the POE.

[rebeccajo 14]

I presume this Islamic marriage is considered legal as it is registered and that there is a marriage certificate that goes along with it?

For stateside Adjustment of Status from a K1 entry, your wife will need to include several documents in the packet, including her passport page showing the K1 visa; her I94 showing the date of her entry; and her legal marriage certificate to you.

If her legal marriage certificate to you is dated prior to the date of issuance of the visa and her I94, even if you had been successful at the consular stage with a deception and successful upon entry to the US with a deception, the deception would be uncovered at adjustment of status.

[payxibka 10,048]

Hi everybody,

I put my self in a situation thats very confusing. In November 2008, I filed for Fiance visa. In December 2008, i got an Islamic marriage in UAE in their court and its registered.

[rooster 1]

There have been cases where the K-1 people only had "religious" ceremony, not registered, and still had trouble getting the visa, even denied. I would count on the CO finding out about the marriage. As advised in previous posts, it would be best to withdraw the K-1 and file for K-3. I know thats not what you want to hear but, it seems to be your only option based on the facts you have presented.

[macharara 0]

Thanks to everyone for your opinions, i now see no point in lying or hiding the truth from the embassy. I am quite convinced that i should withdraw the application and file K3 but my wife want to take the chance and try to go to the interview and tell them that we got relegious wedding but after we applied for fiance visa and we were only engaged at the time when we applied for the k1 visa and she will not lie about any fact.

In my opinion, that this will not work, i would think that they will reject the visa and tell her since we are married now we have to file for k3 visa and they will make her withdraw the K1 visa. but I am concerned about the worst case scenario, what the worse that could happen in the embassy, if she did the interview and never lied about any fact? is it just visa rejection? does it affect the K3 visa filing afterwards?

[canadian_wife 1,831]

You will be denied at the interview since you are married and no longer qualify for K-1. As for the ramifications...someone else will be able to help you with that. The only thing I see you losing is time. You will have to spend longer periods of time apart as they deny your visa and you will then have to reapply. I'd withdraw now and file sooner

Edited April 28, 2009 by canadian_wife

[payxibka 10,048]

Thanks to everyone for your opinions, i now see no point in lying or hiding the truth from the embassy. I am quite convinced that i should withdraw the application and file K3 but my wife want to take the chance and try to go to the interview and tell them that we got relegious wedding but after we applied for fiance visa and we were only engaged at the time when we applied for the k1 visa and she will not lie about any fact.

In my opinion, that this will not work, i would think that they will reject the visa and tell her since we are married now we have to file for k3 visa and they will make her withdraw the K1 visa. but I am concerned about the worst case scenario, what the worse that could happen in the embassy, if she did the interview and never lied about any fact? is it just visa rejection? does it affect the K3 visa filing afterwards?

depends on the reason for the refusal... a finding of "misrepresentation of fact" will certainly have an effect on future visa applications..

FWIW, the benchmark for marital status includes all the way up to the day you enter the USA... NOT just when you submitted the I-129F....

Edited April 28, 2009 by payxibka

[macharara 0]

I presume this Islamic marriage is considered legal as it is registered and that there is a marriage certificate that goes along with it?

For stateside Adjustment of Status from a K1 entry, your wife will need to include several documents in the packet, including her passport page showing the K1 visa; her I94 showing the date of her entry; and her legal marriage certificate to you.

If her legal marriage certificate to you is dated prior to the date of issuance of the visa and her I94, even if you had been successful at the consular stage with a deception and successful upon entry to the US with a deception, the deception would be uncovered at adjustment of status.

yes, we have a marriage certificate. but we were thinking about ignoring the one we have and getting married again in the US since we have to get married within the first 90 days. but i dont think k1 will even pass the interview.

[payxibka 10,048]

Nobody here is going to give you the "thumbs up" to do what you are contemplating... in fact it is a violation of the TOS to "Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method"

[pushbrk 14,560]

Thanks to everyone for your opinions, i now see no point in lying or hiding the truth from the embassy. I am quite convinced that i should withdraw the application and file K3 but my wife want to take the chance and try to go to the interview and tell them that we got relegious wedding but after we applied for fiance visa and we were only engaged at the time when we applied for the k1 visa and she will not lie about any fact.

In my opinion, that this will not work, i would think that they will reject the visa and tell her since we are married now we have to file for k3 visa and they will make her withdraw the K1 visa. but I am concerned about the worst case scenario, what the worse that could happen in the embassy, if she did the interview and never lied about any fact? is it just visa rejection? does it affect the K3 visa filing afterwards?

What you'll most likely want be filing is a petition that results in a CR1 visa, not a K3. K3 is all but obsolete. They will not issue a K1 visa to a married woman. No sense waisting any time trying or risking a finding of material misrepresentation.