Jump to content
Sign in to follow this  
ratsso

K-1 or bust

27 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Philippines
Timeline

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.

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: England
Timeline

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?


Shawn is the Yank, Emi is the Brit.

Late 2000 - We met online

01/04/09 - We became a couple :)

02/27/09 - We met in person for the first time!

09/05/09 - Shawn proposed in London! :)

K-1 Visa Process:

02/05/10 - Petition mailed to CSC

03/31/10 - Petition approved!! Yay!! :)

06/15/10 - Medical in London

08/10/10 - INTERVIEW - VISA APPROVED!

09/03/10 - POE: Philadelphia

10/15/10 - Our Beautiful Wedding!

AOS Process:

11/15/10 - AOS package mailed

12/14/10 - Biometrics

02/10/11 - AOS Interview - APPROVED!!!

02/19/11 - Green card received!

Share this post


Link to post
Share on other sites

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...

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: England
Timeline

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!!!


Shawn is the Yank, Emi is the Brit.

Late 2000 - We met online

01/04/09 - We became a couple :)

02/27/09 - We met in person for the first time!

09/05/09 - Shawn proposed in London! :)

K-1 Visa Process:

02/05/10 - Petition mailed to CSC

03/31/10 - Petition approved!! Yay!! :)

06/15/10 - Medical in London

08/10/10 - INTERVIEW - VISA APPROVED!

09/03/10 - POE: Philadelphia

10/15/10 - Our Beautiful Wedding!

AOS Process:

11/15/10 - AOS package mailed

12/14/10 - Biometrics

02/10/11 - AOS Interview - APPROVED!!!

02/19/11 - Green card received!

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: England
Timeline

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. :huh: It's going to set them up for a whole host of problems if she uses this visa.


Shawn is the Yank, Emi is the Brit.

Late 2000 - We met online

01/04/09 - We became a couple :)

02/27/09 - We met in person for the first time!

09/05/09 - Shawn proposed in London! :)

K-1 Visa Process:

02/05/10 - Petition mailed to CSC

03/31/10 - Petition approved!! Yay!! :)

06/15/10 - Medical in London

08/10/10 - INTERVIEW - VISA APPROVED!

09/03/10 - POE: Philadelphia

10/15/10 - Our Beautiful Wedding!

AOS Process:

11/15/10 - AOS package mailed

12/14/10 - Biometrics

02/10/11 - AOS Interview - APPROVED!!!

02/19/11 - Green card received!

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Philippines
Timeline

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.

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Canada
Timeline

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 :(


April, 2009 - We met

May, 2009 - We wooed

June, 2010 - We got engaged, looking forward to a small August 2010 wedding

** Reality Check: K-1 Process**

July 22, 2010 - NOA1

**5 months of patient waiting**

December 29, 2011 - call around for information about delay

January 5, 2011 - RFE notice (first online status update yet!)

January 10, 2011 - RFE Hardcopy

January 13, 2011 - RFE Response acknowledged

January 24, 2011 - NOA2 (at last!!)

February 3, 2011 - application sent from NVC to Montreal (aka. the Abyss?)

March 7, 2011 - Packet 3 sent to me

March 10, 2011 - Packet 3 delivered to Montreal

March 21, 2011 - Packet 4 sent to me

April 5, 2011 - Medical

April 13, 2011 - Interview - approved!

April 20, 2011 - visa in hand

May 9, 2011 - POE (Buffalo, NY)

May 10, 2011 - wedding :)

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: England
Timeline

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.


Shawn is the Yank, Emi is the Brit.

Late 2000 - We met online

01/04/09 - We became a couple :)

02/27/09 - We met in person for the first time!

09/05/09 - Shawn proposed in London! :)

K-1 Visa Process:

02/05/10 - Petition mailed to CSC

03/31/10 - Petition approved!! Yay!! :)

06/15/10 - Medical in London

08/10/10 - INTERVIEW - VISA APPROVED!

09/03/10 - POE: Philadelphia

10/15/10 - Our Beautiful Wedding!

AOS Process:

11/15/10 - AOS package mailed

12/14/10 - Biometrics

02/10/11 - AOS Interview - APPROVED!!!

02/19/11 - Green card received!

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Philippines
Timeline

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 !

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: England
Timeline

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.


Shawn is the Yank, Emi is the Brit.

Late 2000 - We met online

01/04/09 - We became a couple :)

02/27/09 - We met in person for the first time!

09/05/09 - Shawn proposed in London! :)

K-1 Visa Process:

02/05/10 - Petition mailed to CSC

03/31/10 - Petition approved!! Yay!! :)

06/15/10 - Medical in London

08/10/10 - INTERVIEW - VISA APPROVED!

09/03/10 - POE: Philadelphia

10/15/10 - Our Beautiful Wedding!

AOS Process:

11/15/10 - AOS package mailed

12/14/10 - Biometrics

02/10/11 - AOS Interview - APPROVED!!!

02/19/11 - Green card received!

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Philippines
Timeline

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 by ratsso

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Philippines
Timeline

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. :huh: 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.

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: England
Timeline

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.


Shawn is the Yank, Emi is the Brit.

Late 2000 - We met online

01/04/09 - We became a couple :)

02/27/09 - We met in person for the first time!

09/05/09 - Shawn proposed in London! :)

K-1 Visa Process:

02/05/10 - Petition mailed to CSC

03/31/10 - Petition approved!! Yay!! :)

06/15/10 - Medical in London

08/10/10 - INTERVIEW - VISA APPROVED!

09/03/10 - POE: Philadelphia

10/15/10 - Our Beautiful Wedding!

AOS Process:

11/15/10 - AOS package mailed

12/14/10 - Biometrics

02/10/11 - AOS Interview - APPROVED!!!

02/19/11 - Green card received!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...