Pls i need your advice.

[Jolex 0]

Hi everyone, i'm writing this on behalf of a friend, her fiances was refused a K-1 visa and she was told to get in touch with her congressman which she did, but now she's been advice (by congressman/woman) to go back to her country to get married so she could file her papers again. pls just need an advice if this the move at this point in time. Pls ur advice is highly need so as to know what to do. Thanks

[naijaSweetHeart 1]

Hi everyone, i'm writing this on behalf of a friend, her fiances was refused a K-1 visa and she was told to get in touch with her congressman which she did, but now she's been advice (by congressman/woman) to go back to her country to get married so she could file her papers again. pls just need an advice if this the move at this point in time. Pls ur advice is highly need so as to know what to do. Thanks

Something doen't seem right to me. Why would a congressman/woman give such advise.Maybe your friend need a lawyer to help her sought out things. BTW is it not the same CO that will conduct the K-3 interview? So it is better to try and fix things from the onset than giving the enemies reason to celebrate temporarily. I am not at that stage yet but I am trying to imagine the chains of events. Goodluck

NSH

[Jolex 0]

Hi everyone, i am posting this on behalf of a friend. She had her fiancees K-1 visa refused, and she was told to get in touch with her congressman/woman which she did and she's now been advice to go back to her country to go and get married so she could refile her papers, pls i just want to know if this is the right decisoin, and is there any suggestion on what to do. Pls i need your advice. Thanks

[JimVaPhuong 4,863]

Hi everyone, i'm writing this on behalf of a friend, her fiances was refused a K-1 visa and she was told to get in touch with her congressman which she did, but now she's been advice (by congressman/woman) to go back to her country to get married so she could file her papers again. pls just need an advice if this the move at this point in time. Pls ur advice is highly need so as to know what to do. Thanks

This is not nearly enough information to give any sort of opinion. Visas are usually refused on one of two legal grounds; section 221(g) or section 212(a) of the Immigration and Nationalization Act. Section 221(g) refers to applicants who haven't met the requirements to be issued a visa. This can usually be overcome by providing the missing documentation or evidence. Section 212(a) refers to applicants whom the consulate has determined have one or more inadmissibilities. Some inadmissibilities can be overcome by proving the consulate erred in concluding the inadmissibility exists. Some can be excused with a hardship waiver granted to the petitioner. Some cannot be excused under any circumstances.

Getting married only bypasses the general requirement that the petitioner cannot have two concurrent K visa petitions, and allows them to file a spousal visa petition before a final decision is made on the returned K1 petition. Getting married does not address the reason the first visa application was denied. Unless the reason is addressed, the second visa will also likely be denied.

[pushbrk 12,232]

This is not nearly enough information to give any sort of opinion. Visas are usually refused on one of two legal grounds; section 221(g) or section 212(a) of the Immigration and Nationalization Act. Section 221(g) refers to applicants who haven't met the requirements to be issued a visa. This can usually be overcome by providing the missing documentation or evidence. Section 212(a) refers to applicants whom the consulate has determined have one or more inadmissibilities. Some inadmissibilities can be overcome by proving the consulate erred in concluding the inadmissibility exists. Some can be excused with a hardship waiver granted to the petitioner. Some cannot be excused under any circumstances.

Getting married only bypasses the general requirement that the petitioner cannot have two concurrent K visa petitions, and allows them to file a spousal visa petition before a final decision is made on the returned K1 petition. Getting married does not address the reason the first visa application was denied. Unless the reason is addressed, the second visa will also likely be denied.

All true but often the additional visit and taking the trouble to get married coupled with a more careful and better prepared CR1 visa process, overcomes K1 denials that were based on lack of evidence of a bona fide relationship. It's no silver bullet but is a "tool" that when properly used, "fixes" certain "eligibility" issues.

[JimVaPhuong 4,863]

All true but often the additional visit and taking the trouble to get married coupled with a more careful and better prepared CR1 visa process, overcomes K1 denials that were based on lack of evidence of a bona fide relationship. It's no silver bullet but is a "tool" that when properly used, "fixes" certain "eligibility" issues.

Yep, if the inadmissibility is a presumption of fraud - a sham relationship for the purpose of evading immigration law. On the other hand, if the inadmissibility was for a crime, then either a waiver is needed or the beneficiary may be permanently inadmissible, depending on which subsection of section 212(a) applied. All of that would be irrelevant if the denial was based on 221(g). Perhaps the applicant couldn't get a required police certificate or birth document or something else. Getting married wouldn't resolve that.

That's why I said more information was needed before an educated opinion could be given. The advice the OP's friend got from their congressman's office might be sound, or it could be completely off base. We won't know without more information.

[pushbrk 12,232]

Yep, if the inadmissibility is a presumption of fraud - a sham relationship for the purpose of evading immigration law. On the other hand, if the inadmissibility was for a crime, then either a waiver is needed or the beneficiary may be permanently inadmissible, depending on which subsection of section 212(a) applied. All of that would be irrelevant if the denial was based on 221(g). Perhaps the applicant couldn't get a required police certificate or birth document or something else. Getting married wouldn't resolve that.

That's why I said more information was needed before an educated opinion could be given. The advice the OP's friend got from their congressman's office might be sound, or it could be completely off base. We won't know without more information.

I'm giving the Congressman's office the benefit of the doubt. I expect they had more information than we do before making such a recommendation.

[dakay ♥ 10]

they can get married and then apply for CR1 visa, it is common when the K1 visa is refused

[Kathryn41 3,205]

duplicate threads merged. It is not necessary to post the same topic more than once.