What do I DO????

[bittbook 0]

Okay,

So it's been a while since I've been on here. well, I filed for the K1 visa in Mexico and it was denied based upon 212(aXe)(B). Well, I found a lawyer and we filed the waiver I601 but it wasn't very strong at all. almost everyone I talked to about my case gave me not so positive feedback as to the strength of my case. The turn over rate for waivers didn't seem so promising since ours got backlogged. The average turn over rate of things that we could see based upon others cases was about a year. Because of religious reasons we have maintained our distance and living together outside of marriage is not an option. So, since we had been together for over 4 years and engaged for 2 and a half years of those four, with him in Mexico during the entire engagement, we decided that we were gong to get married. We got married here in Mexico about 20 days ago.

Complications started today... in a good way... but we are really unsure of what to do.

I am currently in Mexico with my significant other. My dad called me today from the USA and told me that a letter had arrived from the U.S. Dept. of Homeland Security and I had him read it to me. It was the approval notice of the waiver! We were stoked, shocked, and now really unsure of what to do next.

We already checked through email with his country and their immigration offices in regards to marriage documents. From what I have gathered from other people is that the marriage licsence in Mexico is not recognized without revalidation here to be recognized in USA.

My biggest question and worry now is that things are really messed up.

We don't want to do anything wrong, but would it be bad or even possible if we just go through everything as if we were still unmarried (the big question is if the U.S. will still recognize me and still considers me to be single) and just get civilly married as soon as he gets to the U.S.A.

Really unsure of what to do, think or plan.

If you have any input or ideas... or references.. I would REALLY appreciate it!!

Thankyou!

[Inky 1,111]

A legal marriage is a legal marriage, regardless of where or what country you get legally married in. K-1 is void after getting married because you are no longer fiance(e)s.

[belinda63 3,055]

Nope you are now married and must start all over. The good news is you know your waiver information is good enough to pass muster. Sorry things happened this way for you.

[KayDeeCee 4,903]

Okay,

So it's been a while since I've been on here. well, I filed for the K1 visa in Mexico and it was denied based upon 212(aXe)(B). Well, I found a lawyer and we filed the waiver I601 but it wasn't very strong at all. almost everyone I talked to about my case gave me not so positive feedback as to the strength of my case. The turn over rate for waivers didn't seem so promising since ours got backlogged. The average turn over rate of things that we could see based upon others cases was about a year. Because of religious reasons we have maintained our distance and living together outside of marriage is not an option. So, since we had been together for over 4 years and engaged for 2 and a half years of those four, with him in Mexico during the entire engagement, we decided that we were gong to get married. We got married here in Mexico about 20 days ago.

Complications started today... in a good way... but we are really unsure of what to do.

I am currently in Mexico with my significant other. My dad called me today from the USA and told me that a letter had arrived from the U.S. Dept. of Homeland Security and I had him read it to me. It was the approval notice of the waiver! We were stoked, shocked, and now really unsure of what to do next.

We already checked through email with his country and their immigration offices in regards to marriage documents. From what I have gathered from other people is that the marriage licsence in Mexico is not recognized without revalidation here to be recognized in USA.

My biggest question and worry now is that things are really messed up.

We don't want to do anything wrong, but would it be bad or even possible if we just go through everything as if we were still unmarried (the big question is if the U.S. will still recognize me and still considers me to be single) and just get civilly married as soon as he gets to the U.S.A.

Really unsure of what to do, think or plan.

If you have any input or ideas... or references.. I would REALLY appreciate it!!

Thankyou!

Was your marriage performed by a Civil Registry Official? If so, it is legal and valid in Mexico, and a valid marriage in Mexico is legal and will be recognized in the United States. You are married. The K-1 visa route is no longer an option for you. I am sorry, if you had only waited 3 more weeks, you would be good to go with the K-1. Now, you must start all over with a spousal visa this time. You will need to send in all the paperwork and pay all the fees for a CR-1 this time around, and you will need to get the waiver approved once again for your new visa application.

[Matt123 0]

You are married now, no going back. Now you must start process again, K-1 is no longer an option.

[Kathryn41 3,207]

Post containing comment that could be misconstrued as suggesting illegal action has been removed and edited. The acceptable parts of the post are returned to the thread below.

To b honest, the best advice anyone can give you under the circumstances is to consult the lawyer. (edited comment). I would hire a lawyer if I was you.

[TiklingGuy 211]

A legal marriage is a legal marriage, regardless of where or what country you get legally married in. K-1 is void after getting married because you are no longer fiance(e)s.

So what if you got married in front of the church, pastor and God, but no paperwork was filed and nothing was signed. Would that be a considered a legal marriage?

[Inky 1,111]

So what if you got married in front of the church, pastor and God, but no paperwork was filed and nothing was signed. Would that be a considered a legal marriage?

No because its not a legal marriage, but if they at USCIS or the embassy find out, they can deny you saying you got married. There have been quite a few posts on VJ about that happening to people trying to get K-1 visas.

[TiklingGuy 211]

No because its not a legal marriage, but if they at USCIS or the embassy find out, they can deny you saying you got married. There have been quite a few posts on VJ about that happening to people trying to get K-1 visas.

I can see how that would be dangerous in this day and age because of photographs and that stupid Facebook. But I have always lived by the rule that if you pass gas in the elevator, your innocent unless you run your trap about it.

John

[bigdog 377]

Okay,

So it's been a while since I've been on here. well, I filed for the K1 visa in Mexico and it was denied based upon 212(aXe)(B). Well, I found a lawyer and we filed the waiver I601 but it wasn't very strong at all. almost everyone I talked to about my case gave me not so positive feedback as to the strength of my case. The turn over rate for waivers didn't seem so promising since ours got backlogged. The average turn over rate of things that we could see based upon others cases was about a year. Because of religious reasons we have maintained our distance and living together outside of marriage is not an option. So, since we had been together for over 4 years and engaged for 2 and a half years of those four, with him in Mexico during the entire engagement, we decided that we were gong to get married. We got married here in Mexico about 20 days ago.

Complications started today... in a good way... but we are really unsure of what to do.

I am currently in Mexico with my significant other. My dad called me today from the USA and told me that a letter had arrived from the U.S. Dept. of Homeland Security and I had him read it to me. It was the approval notice of the waiver! We were stoked, shocked, and now really unsure of what to do next.

We already checked through email with his country and their immigration offices in regards to marriage documents. From what I have gathered from other people is that the marriage licsence in Mexico is not recognized without revalidation here to be recognized in USA.

My biggest question and worry now is that things are really messed up.

We don't want to do anything wrong, but would it be bad or even possible if we just go through everything as if we were still unmarried (the big question is if the U.S. will still recognize me and still considers me to be single) and just get civilly married as soon as he gets to the U.S.A.

Really unsure of what to do, think or plan.

If you have any input or ideas... or references.. I would REALLY appreciate it!!

Thankyou!

Good job on the waiver. Now K1 no longer good, File as a married couple, attach your good waiver. Good Luck.

[JimVaPhuong 4,865]

I can see how that would be dangerous in this day and age because of photographs and that stupid Facebook. But I have always lived by the rule that if you pass gas in the elevator, your innocent unless you run your trap about it.

John

Not a good philosophy to live by. If you did something then you are guilty, whether anyone else knows about it or not.

In the OP's case, they'd have to lie about their marital status in order to get the K1 visa. They'd have to marry again in the US in order to satisfy the K1 requirements and get a green card. For the rest of their lives, as either an LPR or US citizen, there would be document in a file in Mexico that could potentially bring their entire world crashing down around them. If that document ever surfaced and found it's way into the hands of US immigration authorities then they would conclude that they were never eligible for the K1 visa, and that they lied in order to get it. They'd lose their status, whether it's a green card or US citizenship, and be banned from the US for material misrepresentation, potentially for the rest of their lives. Even if the risk of this happening is relatively low, the consequences are so severe that the risk is simply not worth taking.

[TiklingGuy 211]

Not a good philosophy to live by. If you did something then you are guilty, whether anyone else knows about it or not.

In the OP's case, they'd have to lie about their marital status in order to get the K1 visa. They'd have to marry again in the US in order to satisfy the K1 requirements and get a green card. For the rest of their lives, as either an LPR or US citizen, there would be document in a file in Mexico that could potentially bring their entire world crashing down around them. If that document ever surfaced and found it's way into the hands of US immigration authorities then they would conclude that they were never eligible for the K1 visa, and that they lied in order to get it. They'd lose their status, whether it's a green card or US citizenship, and be banned from the US for material misrepresentation, potentially for the rest of their lives. Even if the risk of this happening is relatively low, the consequences are so severe that the risk is simply not worth taking.

Oh I agree, the risk is definitely not worth it. I don't agree that keeping your mouth shut is not a good philosophy to live by. But I respect your opinion and definitely your immigration advice.

[Used to be broken 148]

Okay,

So it's been a while since I've been on here. well, I filed for the K1 visa in Mexico and it was denied based upon 212(aXe)(B). Well, I found a lawyer and we filed the waiver I601 but it wasn't very strong at all. almost everyone I talked to about my case gave me not so positive feedback as to the strength of my case. The turn over rate for waivers didn't seem so promising since ours got backlogged. The average turn over rate of things that we could see based upon others cases was about a year. Because of religious reasons we have maintained our distance and living together outside of marriage is not an option. So, since we had been together for over 4 years and engaged for 2 and a half years of those four, with him in Mexico during the entire engagement, we decided that we were gong to get married. We got married here in Mexico about 20 days ago.

Complications started today... in a good way... but we are really unsure of what to do.

I am currently in Mexico with my significant other. My dad called me today from the USA and told me that a letter had arrived from the U.S. Dept. of Homeland Security and I had him read it to me. It was the approval notice of the waiver! We were stoked, shocked, and now really unsure of what to do next.

We already checked through email with his country and their immigration offices in regards to marriage documents. From what I have gathered from other people is that the marriage licsence in Mexico is not recognized without revalidation here to be recognized in USA.

My biggest question and worry now is that things are really messed up.

We don't want to do anything wrong, but would it be bad or even possible if we just go through everything as if we were still unmarried (the big question is if the U.S. will still recognize me and still considers me to be single) and just get civilly married as soon as he gets to the U.S.A.

Really unsure of what to do, think or plan.

If you have any input or ideas... or references.. I would REALLY appreciate it!!

Thankyou!

Its probably legally valid in Mexico so its legally valid in US. You can ask a family law attorney for his advice on an annullment. If thats possible and fast do it, then you will legally be single and go ahead with the K1. Otherwise you need to file for spouse, this time around your approved waiver should go the 5-10 day route if they don't change the processing structure in CDJ.

[bittbook 0]

Its probably legally valid in Mexico so its legally valid in US. You can ask a family law attorney for his advice on an annullment. If thats possible and fast do it, then you will legally be single and go ahead with the K1. Otherwise you need to file for spouse, this time around your approved waiver should go the 5-10 day route if they don't change the processing structure in CDJ.

An Annullment? I hadn't even thought of that. However, I have no idea how that works either. Would we really be okay if we got our marriage annulled? is it that easy to do? How would this affect the visa?