Denied for K3 - Approved for re-apply of K1. PLEASE READ.

[deja612 0]

Here is a huge lesson for your 'destination wedding' with a foreigner:

We married in Bahrain, we hired a local attorney there to make sure everything was done perfectly in accordance with the law. Sure we were legal. IN BAHRAIN.

Here is what you don't do: Do not leave the country of your spouse, until you have sex after your marriage certificate is *filed* with the court clerk office there.

We had a wedding. We had a honeymoon. We certainly made love. I returned to U.S. The lawyer filed the certificate 2 weeks after I left. USCIS denied our petition on the basis that we had not had sex after the date the legal document was filed with the Court clerk there. They deemed it a "proxy" marriage, even though I was indeed present at my own wedding.

I was speechless, sweating, ill. I am really hurt that my government is involved in my sex life. It is archaic. What if I married a person who was incapable of intercourse? What business is it of theirs? Seriously.

It took us 2 months to create our initial petition paperwork. It took them 5 months to tell us that bad news. It then took us another four months of depression to recreate again our petition and save the money to hire an american attorney who re-filed, explaining what we had been through thus far.

I just had the best Thanksgiving of my life. Four days ago, my husband was finally approved in only TWO months for a fiance visa and we now wait for the packet and an interview.

Light at the end of a very long, very dark tunnel.

Good luck everyone, I am flying happy that the love of my life, will be with me soon. <fingers crossed>

Stay strong. And remember, have sex AFTER you file the wedding certificate.

[TimeTravel 78]

Crazy gov! Thanks for sharing.

[Darnell 8,478]

approved for a fiance visa without an interview? no way.

[Dan & Jenni 457]

my husband was finally approved in only TWO months for a fiance visa

how does that work then??

[NigeriaorBust 4,087]

I think they are refering to the petition not the visa note they are waiting for the packet and the interview

[Darnell 8,478]

oh, I noted it. Hence the question.

[VanessaTony 3,567]

I just had the best Thanksgiving of my life. Four days ago, my husband was finally approved in only TWO months for a fiance visa and we now wait for the packet and an interview.

Actually your fiance was approved his fiance petition. He is awaiting the visa portion.

I know you got married in Bahrain but because USCIS doesn't recognize it, the US doesn't recognize it, so you will be required to marry in the US and any time you are asked when you got married, the US date is what matters, not the Bahrain ceremony. This means you are not married. You are engaged. Your wedding anniversary is whatever date you marry here in the US. You will have been married once.

Funny note - had you applied for the CR-1, instead of the K3, you may have been fine. The K3 has certain requirements, so I've read, about applying for the visa in the country you were married in.

It's also very strange that they went by the FILED date, and not the actual wedding date. Makes me wonder if there's something wrong with the certificate.

Edited November 28, 2011 by Vanessa&Tony

[himher 634]

Nonsense.

The certificate that was FILED was simply missing the wedding date. There is something else wrong with this or there is a date error or this is applicable to weddings in Bahrain.

The certificate probably lists the date of marriage as the filing date. If they do it that way in Bahrain it is applicable to marriages in Bahrain and not "destination weddings" in the vast majority of other countries where the marriage certificate clearly lists the date of marriage as the day you got married.

If you were not there on the listed "date of marriage" then it has nothing to do with sex. You have to be present with your spouse on the date of marriage or your marriage will not be recognized.

If the certificate has the date of marriage as what you are saying is your wedding date then USCIS made an error.

[VanessaTony 3,567]

If you were not there on the listed "date of marriage" then it has nothing to do with sex. You have to be present with your spouse on the date of marriage or your marriage will not be recognized.

Actually that's incorrect. USCIS recognizes proxy marriages, and even double proxy marriages, as long as the marriage was consummated prior to filing the petition/s. While the US doesn't actually require PROOF of consummation, they require proof you got together AFTER the wedding and prior to filing.

Because of this I believe the wedding certificate has the filing date as the wedding date, as I implied in my prior post (that there is something wrong with the certificate).

Edited November 28, 2011 by Vanessa&Tony

[Girl from Celebes 588]

... have sex AFTER you file the wedding certificate.

This enlighten my day. Seriously, I can't understand they took this thing too far. After all, wish you luck for the upcoming interview for your husband-seems weird to me that you've already married but your husband has to go to interview for K-1 Visa-.

Edited November 28, 2011 by Girl from Celebes

[Justine+David 218]

Wait, what? I'm confused...if you're already married, why are you applying for a fiance visa?

[Olomi_811 130]

WOW!

[Dan & Jenni 457]

And remember, have sex AFTER you file the wedding certificate.

lots and lots and lots of sex... before, during, and after the wedding... sounds good to me

[pushbrk 12,106]

Here is a huge lesson for your 'destination wedding' with a foreigner:

We married in Bahrain, we hired a local attorney there to make sure everything was done perfectly in accordance with the law. Sure we were legal. IN BAHRAIN.

Here is what you don't do: Do not leave the country of your spouse, until you have sex after your marriage certificate is *filed* with the court clerk office there.

We had a wedding. We had a honeymoon. We certainly made love. I returned to U.S. The lawyer filed the certificate 2 weeks after I left. USCIS denied our petition on the basis that we had not had sex after the date the legal document was filed with the Court clerk there. They deemed it a "proxy" marriage, even though I was indeed present at my own wedding.

I was speechless, sweating, ill. I am really hurt that my government is involved in my sex life. It is archaic. What if I married a person who was incapable of intercourse? What business is it of theirs? Seriously.

It took us 2 months to create our initial petition paperwork. It took them 5 months to tell us that bad news. It then took us another four months of depression to recreate again our petition and save the money to hire an american attorney who re-filed, explaining what we had been through thus far.

I just had the best Thanksgiving of my life. Four days ago, my husband was finally approved in only TWO months for a fiance visa and we now wait for the packet and an interview.

Light at the end of a very long, very dark tunnel.

Good luck everyone, I am flying happy that the love of my life, will be with me soon. <fingers crossed>

Stay strong. And remember, have sex AFTER you file the wedding certificate.

You were not present on the day your marriage was recorded as official in the country where you married. This is an issue with the government of Bahrain. The US Government doesn't care if or when you have sexual intercourse. Their definition of "consummated" is simply that you were in the same place on the day or after the day your marriage is legally and officially recorded. In many countries, the marriage date is the same as the date of the ceremony. In Bahrain it is not.

Your advice, "Do not leave the country of your spouse, until you have sex after your marriage certificate is *filed* with the court clerk office there." is absolutely correct but it has nothing at all with any US Government interest in your sex life.

Further, you were not denied a visa. USCIS denied the approval of a petition for a spouse. You now have no approved visa either, only an approved petition for a fiancee. You would be very wise to avoid considering the remainder of the process as a formality. USCIS doesn't issue visas. US Consular services issue visas.

Edited November 28, 2011 by pushbrk

[pushbrk 12,106]

Actually your fiance was approved his fiance petition. He is awaiting the visa portion.

I know you got married in Bahrain but because USCIS doesn't recognize it, the US doesn't recognize it, so you will be required to marry in the US and any time you are asked when you got married, the US date is what matters, not the Bahrain ceremony. This means you are not married. You are engaged. Your wedding anniversary is whatever date you marry here in the US. You will have been married once.

Funny note - had you applied for the CR-1, instead of the K3, you may have been fine. The K3 has certain requirements, so I've read, about applying for the visa in the country you were married in.

It's also very strange that they went by the FILED date, and not the actual wedding date. Makes me wonder if there's something wrong with the certificate.

Please keep in mind that visas are applied for abroad. If they had actually gotten through to a K3 interview, they would have filed petitions in the USA, but the visa interview would have been in Bahrain. Don't confuse "filing a petition" with "applying for a visa".

Yes, for immigration purposes, the couple is engaged, and for legal purposes, in the USA, their marriage date will be when they marry in the USA.

I'm guessing they'll celebrate the anniversary of their Bahrain ceremony.