K-1 or bust

[ratsso 0]

We were initially denied the K-1 Visa due to the income requirements and were recommended to apply for a K-3 spouse Visa. Most people we talked to responded with the same answer.

All the same, I filed an appeal with the embassy but got no response. Anyway, We married about a month later in a civil service with her family along side. It was very nice. However; I felt a bit perturbed that the US Embassy gave me no reply to our K-1 appeal. I miraculously found the correct extension to the Visa section.

I informed them that I hadn't received any reply and was unsuccessful at reaching them before. The Embassy staff person asked me for the case number, then informed me that the appeal was granted and I was given up to one year from the filing date to provide additional/updated evidence for the financial part of the K-1.

Of course, I was in a bit of shock. Well,.. it was great to be married but we had expected to go another round with a different Visa petition.

I did what anyone would due; I waited for my accountant to finish my latest tax return and Fed-X it to the Embassy. She was approved and the Visa "is in the mail" as I write this. Happy story ? We hope so. but questions came up with my spouse as I once we learned she is required to attend a CFO Guidance and Counseling seminar for fiancee':

Will she have to provide a Cenomar? ( She didn't report to any government agency (NSO), that she was NOW married ).

If so, can we use the one we have that's 8 months old when she was single ?

FYI: The US Embassy in the Philippines don't accept sponsors for the K-1 petition. If I had known this, I we would have properly married and filed a K-3.

[Shawn & Emi 16]

We were initially denied the K-1 Visa due to the income requirements and were recommended to apply for a K-3 spouse Visa. Most people we talked to responded with the same answer.

All the same, I filed an appeal with the embassy but got no response. Anyway, We married about a month later in a civil service with her family along side. It was very nice. However; I felt a bit perturbed that the US Embassy gave me no reply to our K-1 appeal. I miraculously found the correct extension to the Visa section.

I informed them that I hadn't received any reply and was unsuccessful at reaching them before. The Embassy staff person asked me for the case number, then informed me that the appeal was granted and I was given up to one year from the filing date to provide additional/updated evidence for the financial part of the K-1.

Of course, I was in a bit of shock. Well,.. it was great to be married but we had expected to go another round with a different Visa petition.

I did what anyone would due; I waited for my accountant to finish my latest tax return and Fed-X it to the Embassy. She was approved and the Visa "is in the mail" as I write this. Happy story ? We hope so. but questions came up with my spouse as I once we learned she is required to attend a CFO Guidance and Counseling seminar for fiancee':

Will she have to provide a Cenomar? ( She didn't report to any government agency (NSO), that she was NOW married ).

If so, can we use the one we have that's 8 months old when she was single ?

FYI: The US Embassy in the Philippines don't accept sponsors for the K-1 petition. If I had known this, I we would have properly married and filed a K-3.

I don't understand - you say you got married, and then found out afterwards that the K-1 appeal had been granted, and then your fiancée was granted a K-1 visa despite the fact that you were already married to each other?

[john & jean 37]

the cenomar will need to be less than six months old. Manila may, or may not accept a cosponsor, have seen students get them approved!

the K3 visa has been dead for a couple of years. if you apply for it delays will result.

better to go for a CR1, which is what you will eventually get if you choose the K3...

[Shawn & Emi 16]

It sounds as though the OP was going to apply for a spouse visa but then found out the K-1 appeal had been successful and his fiancée has been granted the visa already, because she didn't mention that they are already married. OP says the visa is in the mail now. I think with them already being married they will have problems when she is in the US because as part of the adjustment of status, which will need to be done as she's coming with a K-1, they will need to provide a certified copy of their marriage certificate. That's going to look a bit strange, as the date on their marriage certificate will be from before she even entered the US!!!

[JimVaPhuong 4,863]

We were initially denied the K-1 Visa due to the income requirements and were recommended to apply for a K-3 spouse Visa. Most people we talked to responded with the same answer.

All the same, I filed an appeal with the embassy but got no response. Anyway, We married about a month later in a civil service with her family along side. It was very nice. However; I felt a bit perturbed that the US Embassy gave me no reply to our K-1 appeal. I miraculously found the correct extension to the Visa section.

I informed them that I hadn't received any reply and was unsuccessful at reaching them before. The Embassy staff person asked me for the case number, then informed me that the appeal was granted and I was given up to one year from the filing date to provide additional/updated evidence for the financial part of the K-1.

Of course, I was in a bit of shock. Well,.. it was great to be married but we had expected to go another round with a different Visa petition.

I did what anyone would due; I waited for my accountant to finish my latest tax return and Fed-X it to the Embassy. She was approved and the Visa "is in the mail" as I write this. Happy story ? We hope so. but questions came up with my spouse as I once we learned she is required to attend a CFO Guidance and Counseling seminar for fiancee':

Will she have to provide a Cenomar? ( She didn't report to any government agency (NSO), that she was NOW married ).

If so, can we use the one we have that's 8 months old when she was single ?

FYI: The US Embassy in the Philippines don't accept sponsors for the K-1 petition. If I had known this, I we would have properly married and filed a K-3.

This is NOT what anyone would have done. She's married. She's no longer eligible for the K1 visa. The Cenomar is the least of your worries. You're going to have to get MARRIED in the United States AFTER she arrives or she won't be eligible to adjust status. That means you're going to have to LIE when you tell the county clerk that you're not married!

What you should have done is withdrawn the petition when you got married. The best course of action now is to return to the consulate and get the visa canceled, and then apply for a CR1.

K3's are rarely granted anymore because the I-129F and I-130 are almost always approved at the same time. NVC just closes the I-129F and sends the I-130 to the consulate.

[JNL 13]

We were initially denied the K-1 Visa due to the income requirements and were recommended to apply for a K-3 spouse Visa. Most people we talked to responded with the same answer.

All the same, I filed an appeal with the embassy but got no response. Anyway, We married about a month later in a civil service with her family along side. It was very nice. However; I felt a bit perturbed that the US Embassy gave me no reply to our K-1 appeal. I miraculously found the correct extension to the Visa section.

I informed them that I hadn't received any reply and was unsuccessful at reaching them before. The Embassy staff person asked me for the case number, then informed me that the appeal was granted and I was given up to one year from the filing date to provide additional/updated evidence for the financial part of the K-1.

Of course, I was in a bit of shock. Well,.. it was great to be married but we had expected to go another round with a different Visa petition.

I did what anyone would due; I waited for my accountant to finish my latest tax return and Fed-X it to the Embassy. She was approved and the Visa "is in the mail" as I write this. Happy story ? We hope so. but questions came up with my spouse as I once we learned she is required to attend a CFO Guidance and Counseling seminar for fiancee':

Will she have to provide a Cenomar? ( She didn't report to any government agency (NSO), that she was NOW married ).

If so, can we use the one we have that's 8 months old when she was single ?

FYI: The US Embassy in the Philippines don't accept sponsors for the K-1 petition. If I had known this, I we would have properly married and filed a K-3.

Just to clarify, you are trying to use an approved K1 visa that has been issued after you & fiance married?

[Shawn & Emi 16]

This is NOT what anyone would have done. She's married. She's no longer eligible for the K1 visa. The Cenomar is the least of your worries. You're going to have to get MARRIED in the United States AFTER she arrives or she won't be eligible to adjust status. That means you're going to have to LIE when you tell the county clerk that you're not married!

What you should have done is withdrawn the petition when you got married. The best course of action now is to return to the consulate and get the visa canceled, and then apply for a CR1.

Completely agreed - the K-1 was obtained fraudulently, as it's only available to people who are free to marry. Neglecting to tell the officer who did the K-1 interview doesn't mean it's alright! I really can't see how adjustment of status can be approved in this situation - and lying to USCIS is a very bad idea!

I don't understand how OP thinks what they've done is perfectly fine, it clearly isn't. It's going to set them up for a whole host of problems if she uses this visa.

[ratsso 0]

This is NOT what anyone would have done. She's married. She's no longer eligible for the K1 visa. The Cenomar is the least of your worries. You're going to have to get MARRIED in the United States AFTER she arrives or she won't be eligible to adjust status. That means you're going to have to LIE when you tell the county clerk that you're not married!

What you should have done is withdrawn the petition when you got married. The best course of action now is to return to the consulate and get the visa canceled, and then apply for a CR1.

K3's are rarely granted anymore because the I-129F and I-130 are almost always approved at the same time. NVC just closes the I-129F and sends the I-130 to the consulate.

01

Thank you for the replies all:

We didn't find out about the K-1 approval until after we were married. If we apply for a CR1 we would be looking at 9 month $$. Can't it be worked out with another way, or with a lawyer ? Sound like it won't be overlooked... hmm.

[iampatricias 17]

Unfortunately, there is no way to work it out, even with a lawyer, so that you can use the K1 to enter the States now that you're married.

You will need to go through a formal withdrawal of the K1 and start over with a CR1

[Shawn & Emi 16]

01

Thank you for the replies all:

We didn't find out about the K-1 approval until after we were married. If we apply for a CR1 we would be looking at 9 month $$. Can't it be worked out with another way, or with a lawyer ? Sound like it won't be overlooked... hmm.

As iampatricias said, no, there's no way around it. The K-1 is a fiancé(e) visa, which means you need to be engaged to use it but definitely not married!

It's too late now, but I'm surprised you didn't follow-up with your K-1 appeal before rushing to get married. That would have saved you both a lot of trouble.

[ratsso 0]

As iampatricias said, no, there's no way around it. The K-1 is a fiancé(e) visa, which means you need to be engaged to use it but definitely not married!

It's too late now, but I'm surprised you didn't follow-up with your K-1 appeal before rushing to get married. That would have saved you both a lot of trouble.

Thank you,

Yes, it would have. But at the time, I hadn't found a successful way of talking to a person from the embassy by phone. Its pretty screwed up. I don't suppose we could get an annulment under our circumstances so she could be single again.. I know..it Sounds outrageous, but so is waiting another 9 months !

[Shawn & Emi 16]

Thank you,

Yes, it would have. But at the time, I hadn't found a successful way of talking to a person from the embassy by phone. Its pretty screwed up. I don't suppose we could get an annulment under our circumstances so she could be single again.. I know..it Sounds outrageous, but so is waiting another 9 months !

I know it sucks, but I really can't see any other way around it. You could try talking to an immigration attorney, but since you're already married the K-1 isn't appropriate for your wife to use.

For other people who may read this thread at some point, I think it's worth pointing out that when appeals are filed it's unrealistic to expect the issue to be resolved within such a short space of time. OP says they married a month after filing the appeal - this story goes to show that if you appeal, you shouldn't rush into something that will invalidate the visa process until you know for a fact that the appeal was unsuccessful.

[ratsso 0]

I know it sucks, but I really can't see any other way around it. You could try talking to an immigration attorney, but since you're already married the K-1 isn't appropriate for your wife to use.

For other people who may read this thread at some point, I think it's worth pointing out that when appeals are filed it's unrealistic to expect the issue to be resolved within such a short space of time. OP says they married a month after filing the appeal - this story goes to show that if you appeal, you shouldn't rush into something that will invalidate the visa process until you know for a fact that the appeal was unsuccessful.

Yes, There are lessons to be learn for us and to other here. Another lesson being; although the VJ is very helpful, it has its limits. I.E.. I read in VJ that we would likely not get an K1 appeal and to start over with a K-3. Yet, we were granted one. The irony here is that we are starting over. Agreed. Haste makes waste.

Thanks again all.

Edited February 28, 2011 by ratsso

[ratsso 0]

Completely agreed - the K-1 was obtained fraudulently, as it's only available to people who are free to marry. Neglecting to tell the officer who did the K-1 interview doesn't mean it's alright! I really can't see how adjustment of status can be approved in this situation - and lying to USCIS is a very bad idea!

I don't understand how OP thinks what they've done is perfectly fine, it clearly isn't. It's going to set them up for a whole host of problems if she uses this visa.

FYI:

The K-1 interview was before we got married. We didn't know it would be an issue to marry in two different countries.

[Shawn & Emi 16]

Yes, There are lessons to be learn for us and to other here. Another lesson being; although the VJ is very helpful, it has its limits. I.E.. I read in VJ that we would likely not get an K1 appeal and to start over with a K-3. Yet, we were granted one. The irony here is that we are starting over. Agreed. Haste makes waste.

Thanks again all.

Regarding the appeal thing - I think it really would depend on the reason for the denial. In certain situations, it might be difficult to lodge a successful appeal. However, maybe the advice should be to enlist an attorney if unexpected problems are encountered with obtaining visas. I really do wish you all the best in the future - sorry you had to learn the hard way.