Anyone file k1 after i130 or i730 denied (merged)

[TKBRAVO 4]

Hi I just read over your experience and would share mine and ask you what you guys think, if the K1 visa might be approved or dinied.

*did a traditionnal marriage with my wife back in 2003

*my wife and I have a daughter, born 2009 just after I left Cameroon for the US

*I petition for ny wife and daughter in 2010, I730(petition for asylee relative, similar to I130)got approved of my daughter case, but denied for ny wife, because I did not have a valid or official marriage certificate(since I am only married according to our tradition)

* got my citizenship thru the Navy,im 2013, Petition for I129F and ask for case expedition, Got approved, and the case is being forwarded to Us embassy Yaounde for interview,

*I dont have pictures with my wife, because I have never like pictures(which I regret now), the only proof I have are money orders I send to take care of them, and the phone bills.

*Forgot to mention that I got my I129F approved even though I did not meet my fiancee during the past 2 years because I couldn't as a former asylee.

With all this being said, do you think the embassy in Yaounde will question my reletionship with my fiancee ? they already ask me in the pass to do the DNA of my daughter which I did and they approved my daughter case,.since I did not want to separate my daughter from her mother, I didn't take her visa.Last time I understand they refuse to issue the visa for my wife because I did not have a valid marriage certificate, I hope this time they will be looking for a genune relationship which I think is easily proved with our biological daughter.would you think the lack of picture in this case could cause a denied of visa to my "wife" fiancee?

Would greatly appreciate to read from you guys. Please let me know what you guys think on this case.

thank you

[TBoneTX 43,018]

*** Thread moved from K-1 Process forum to the Sub-Saharan Africa regional subforum -- questions about embassy are country-specific. ***

[Ebunoluwa 6,136]

That is a tough one. When was the last time you have visited her ?
How about skype cam shots with date logs ?
Ask relatives if they have ANY photos of you both and with the child. Surely someone took a photo at some time in the past 4 years with you and her and the baby?
Even though you were approved by USCIS despite not having seen her within the past 2 years of filing due to your circumstances, I hope the CO will see it the same way.
Think of every shred of evidence you can think of, a lease perhaps, shared accounts aside from emails, chats, phone records, receipts etc....

Even if you can only hussle up 5 photos or so from a friend or family of you all together it would help.

Letters of affidavits from friends and family attesting to your bona fide relationship also help.

Best wishes for a smooth approval !

[nami33 6]

Hi I just read over your experience and would share mine and ask you what you guys think, if the K1 visa might be approved or dinied.

*did a traditionnal marriage with my wife back in 2003

*my wife and I have a daughter, born 2009 just after I left Cameroon for the US

*I petition for ny wife and daughter in 2010, I730(petition for asylee relative, similar to I130)got approved of my daughter case, but denied for ny wife, because I did not have a valid or official marriage certificate(since I am only married according to our tradition)

* got my citizenship thru the Navy,im 2013, Petition for I129F and ask for case expedition, Got approved, and the case is being forwarded to Us embassy Yaounde for interview,

*I dont have pictures with my wife, because I have never like pictures(which I regret now), the only proof I have are money orders I send to take care of them, and the phone bills.

*Forgot to mention that I got my I129F approved even though I did not meet my fiancee during the past 2 years because I couldn't as a former asylee.

With all this being said, do you think the embassy in Yaounde will question my reletionship with my fiancee ? they already ask me in the pass to do the DNA of my daughter which I did and they approved my daughter case,.since I did not want to separate my daughter from her mother, I didn't take her visa.Last time I understand they refuse to issue the visa for my wife because I did not have a valid marriage certificate, I hope this time they will be looking for a genune relationship which I think is easily proved with our biological daughter.would you think the lack of picture in this case could cause a denied of visa to my "wife" fiancee?

Would greatly appreciate to read from you guys. Please let me know what you guys think on this case.

thank you

You are a USC now so go home and marry her legally and then all your trouble will be gone

[TKBRAVO 4]

My I730 were denied in 2010, the reason the consular give to my wife was that I do not have a valid marrige certificate( I only did a customary marriage back then and had no valid document, a part from some affidavids from family members and parents).

Well I have enconter many cases on this site were the K1 visa was denied because of members was married traditionaly,and the consular advised them to apply for Cr1.

My fear now is that they might refuse to issue the K1 visa on the base that I had a traditional marriage.

Your thought would be very helpul.

[canadian_wife 1,785]

I see you have already filed the I129F, I am not sure of your culture, but is a traditional marriage in Cameroon considered a legal marriage in that country?

good luck

[TKBRAVO 4]

Another cautionary tale - DON'T HAVE ANY MARRIAGE CEREMONY BEFORE ENTERING THE US ON THE K-1.

See what can happen when you decide on your own that a non-legal marriage ceremony before going to the US is okay for the K-1. It's not what you think that matters. It is what the US Embassy/Consulate thinks.

I read thru all this post and would like to share my case to have your thought.

My " wife" and I have a baby born in 2009 when I left cameroon for the US.

In 2010 i got approve asylum and apply for I 730( asylee family ) which is like I130.

After a DNA on my daughter, they apprive my daughter case but refuse to issue the visa to my "wife". Because I did not have a valid marriage certificate.

My wife receive form 221g stating that the petition is been returned to the us with a recomandation to be revoke.

.the true is that I did a traditional marriage back then, and it was not registered.

I become a us citizen in 2013 and apply for k1 visa.

My wife will go for interview next month.

Do you think her K1 visa can be dened on the base that she previously state she was married?

Last time they refuse on the base that she was not married.

Share yoyr thought please.

[TKBRAVO 4]

I see you have already filed the I129F, I am not sure of your culture, but is a traditional marriage in Cameroon considered a legal marriage in that country?

good luck

I really do not know. But last time when they refuse to issue the visa they say because I do not have a marriage certificate.

Yes i have applied for K1 visa and she is waiting for the interview.

[Penguin_ie 5,984]

**** several topics merged and others without answers or in other member's topics removed. PLease do not start more than one thread on the same/ similar issues. If the answers you get are unclear or you have extra info, post them as a reply in the original topic ****

[NigeriaorBust 4,087]

Embassys in Africa can be confusing when it comes to traditional marraiges. Many say you are too married to file a K1 and not married enough for an I130.. To file the I129F means you are a USC even though it may not be safe for you to return to your home country. Can you travel to an adjacent one to do a marraige ceramony. I don't think they will approve an I129f because you already have the I130 on record. If your wife is a very very strong person and it gets to the interview she should strongly present your previous demail as the reason why they must approve her as unmarried. It may work but she must be a woman of incrediable strength at the interview and insist that either she was unjustly denied before or that she must be given a visa.

[Ebunoluwa 6,136]

I agree with NigeriaorBust and also think meeting in a third country (if you can't return home) and getting married would be the best option if they don't approve her.
Just make sure you would meet the requirements of marriage in that country in regards to one of you needing residence permits or not.

Too married for a K1 and not married enough for a CR1 is what we see here sometimes.

I don't think you could get a single certificate ( Bachelor certificate) issued from your country where you traditionally married otherwise that may be a

way to proceed. I don't know how much weight the traditional marriage holds in your country, how married any registry would consider you to be and if they

would issue a single certificate. Even then the CO may not go along with that.

I know of a couple at another embassy who weren't "married enough" according to custom and had to re marry and then were approved.

A very good immigration attorney that comes recommended and has experience with consular issues like this may be of help with more advice.

Careful choosing one, many give the wrong advice.

I wish you well....let us know what happens.

[TKBRAVO 4]

I see you have already filed the I129F, I am not sure of your culture, but is a traditional marriage in Cameroon considered a legal marriage in that country?

good luck

If the traditionnal marriage was considered legal, they would have approved the I130, on the basis that I am married. They refuse the visa on the basis that I am not married.asking me to show them a valid marriage certificate which I do not have.

I would be very very surprised if they come with K1 denial on the basis that I am married now, it would just mean that they need to fixe the law on what is a legal marriage.

[Distressed wife 0]

Hi TKBravo, I am also in the same situation as you are in. There are not many of us who have these cases as most people are not asylees. I filed for my husband (we r traditionally married too and have no marriage certificate) in 2012 and the petition was approved by USCIS in 45 days. Smoothly sent to NVC then over to the embassy where everything was turned upside down. His file was sent back to Nebraska and to date we have not been told why it was returned but we suspect that it's because of our lack of a marriage certificate. So i wanted to ask if your wife's petition was also approved like ours? And did the embassy tell u the reason why they sent ur petition back or did u also have to wait to hear from the USCIS?

Secondly, I have a lawyer , the same one who handled my asylum case. He has advised that I go and get married in a neighboring country, I have just arrived today, but was unable to get married because when I arrived I discovered that I needed a visa to get into the neighboring country. I wish you can meet ur wife in Botswana and sign papers as that will be easier to do. And also file cr1. But u wl need a very good lawyer. Please help me and also answer my questions.

[Ebunoluwa 6,136]

Hi TKBravo, I am also in the same situation as you are in. There are not many of us who have these cases as most people are not asylees. I filed for my husband (we r traditionally married too and have no marriage certificate) in 2012 and the petition was approved by USCIS in 45 days. Smoothly sent to NVC then over to the embassy where everything was turned upside down. His file was sent back to Nebraska and to date we have not been told why it was returned but we suspect that it's because of our lack of a marriage certificate. So i wanted to ask if your wife's petition was also approved like ours? And did the embassy tell u the reason why they sent ur petition back or did u also have to wait to hear from the USCIS?

Secondly, I have a lawyer , the same one who handled my asylum case. He has advised that I go and get married in a neighboring country, I have just arrived today, but was unable to get married because when I arrived I discovered that I needed a visa to get into the neighboring country. I wish you can meet ur wife in Botswana and sign papers as that will be easier to do. And also file cr1. But u wl need a very good lawyer. Please help me and also answer my questions.

It is always risky to marry in a third country. Knowing you needed a visa was not hard to research ahead of time but there are often

many other factors involved like having to stay in that country for a certain time as requirement, one of you having to have a residence

permit, documents that you never knew you need for a marriage application as they never told you before you need them and on and on.

It was total mess trying to marry in a 3. country for us and they kept changing the rules in midstream so we weren't able to marry either.

You are dealing with officials who just request whatever you don't have no matter what you bring and no matter how much you research the matter or talk to the officials personally as we did.

Be very careful in searching out exactly what you need before you go through the

expense of marrying in a third country if you can't marry in your own and follow up with phone calls to double check ALL requirements.

[Distressed wife 0]

Thank you for reply Ebunoluwa. What u have said is all very true and I have learnt it the hard way after losing thousands of dollars in airfare and accommodation. I have a question for u. U say u managed to get married in a foreign country, I take it that you are also an Asylee who is unable to return to your home country. So now after the obtainment of the marriage certificate did u begin a i130, or did u file an i730. I ask this because for i730 they say one needs to have been married before being granted asylum. As I have already mentioned our i730 case was returned from the embassy, so now my question is if we go through with the marriage will we be able to present that as new evidence for the i730, or will that not work such that we have to begin a new i130?

My other question is abt filing under extreme hardships because seeing ur spouse in a foreign country is too expense and near impossible. So can that also be presented during the rebuttal?

I always call the 1800 number and am always told that they are not at liberty to discuss asylum cases over the telephone. So today I went to the asylum office while I was in Chicago and I was told that I must direct all my questions to Nebraska. :-( I do hope that one day this will end for all of us. It's a terrible thing. To TKBravo I hope this is helping you too.

Thank u all!