Losing sleep over K1

[JRF 117]

I think I can help a little, at least with regard to local rules and customs. You do not exactly file your marriage with the government in VN, you must obtain approval. This is why OP was told to wait 21 days - although being VN there are ways to expedite the process. Anyways, from the perspective of the government in VN he is not married.

Someone posted he needed to file the marriage here, meaning the US. This is not true. If he was considered married in VN he would be considered married in the US. I am married to a VN national and do not have to file this in the US. In the event I wish to divorce her (speaking hypothetically) I would have to file for the divorce in California, where I currently live.

What the OP did wasn't that unusual. I know of others who filed for a K-1 visa and had a wedding reception for the benefit of people in VN. In one case the couple did this after their K-1 was approved but before she left for the US. I thought it was very risky but cultural norms are pretty powerful in VN and the reception is a very big deal.

That said it was a mistake to send this with the application. I've heard of COs being sneaky about trying to figure out if K-1 applicants are married instead of engaged. VN is a high-fraud consulate, which makes it tougher. In this case I am afraid the OP did their work for them, albeit unknowingly and innocently.

I will defer to others as to how OP should handle it going forward. Part of me thinks he should wait for the interview and try to explain, although that's not likely to work, IMHO. Perhaps his fiancé could obtain a certificate of single status as a way of trying to demonstrate they were not legally married in VN. I also doubt that would work.

He could withdraw the petition, then get married and file for a CR-1. This may be the only realistic path forward but this will cause a heck of a delay in her arrival. Perhaps a suggestion is to wait the three months for the interview and try to convince the CO (if it comes up) that you only had the reception (at least they should understand how important this is in VN). It probably won't work, but just might.

Good luck!

[Ebunoluwa 6,136]

Hello all,

I am a new member here and need your advises as to what I should do right now concerning my K1 petition for my fiance (wife?) but first let me tell you all about my story: Got to know Oanh through an online site in July 2012 and starting to "talk" to each other exclusively. After 7 months worth of couple hundred emails and exchanged pictures, I went to Vietnam to meet her. Stayed there for 10 days with her and her family and had to go back to the US to.....work. Purchased a new house on May 2013 and proposed to her and with the blessing of her parents, I went back there in July 2013 to have our wedding reception in front of 700 family members and guests. I did not go to "So Tu Phap" to file the legal marriage certificate with the local government since they required me to stay there 21 days. A visit to a local "Immigration Visa service" center here in San Jose,CA, after listening to what service I was seeking, advised me to file the K1 petition since it is the fastest way for Oanh to be here with me. I did not know this forum then. Here is my problem, I wrote in my timeline that we were married in front of our family and friends and sent it in along with the usual wedding pictures, boarding passes from my trip to Vietnam, receipts from the hotel that did the wedding banquet,ect. My income is around $110k per year so I don;t think it will be a problem. What cvaused me to "freak" out is when I read on this forum of K1 visa being denied due to the fact that we "got" married albeit not obtaining the legal certificate with the Vietnamese authority. Her being the only child in the family and her grandma and parents would like to see us married in front of the relatives and all. Please tell me what to do next since she may be denied a K1 Visa at the interview which should be within three months from now ( The NVC has my petition now for almost a week.)

Please guide me with your experiences ans insights.

Thank you.

The burden of proof would be on you both to proof that you are not legally married but had a religious ceremony instead.

How will you proof this and what evidence will you use to convince the CO ?

Can your beneficiary get a singles certificate, an attestation from the registrar that you are not legally married ?

I strongly suggest you be present at the interview to explain yourself.

You used the word married and that is why things look pretty slim for an approval. Did you not include in your

timeline that you did not register legally ?

[raven52 233]

You have made a big mistake, though innocently, I would seek a very good immigration attorney at once,.,., YOU.., need one!

You have created this mess, innocently, but it is what it is! A ""MESS"

[DreamNHope 9]

Hello all,

I am a new member here and need your advises as to what I should do right now concerning my K1 petition for my fiance (wife?) but first let me tell you all about my story: Got to know Oanh through an online site in July 2012 and starting to "talk" to each other exclusively. After 7 months worth of couple hundred emails and exchanged pictures, I went to Vietnam to meet her. Stayed there for 10 days with her and her family and had to go back to the US to.....work. Purchased a new house on May 2013 and proposed to her and with the blessing of her parents, I went back there in July 2013 to have our wedding reception in front of 700 family members and guests. I did not go to "So Tu Phap" to file the legal marriage certificate with the local government since they required me to stay there 21 days. A visit to a local "Immigration Visa service" center here in San Jose,CA, after listening to what service I was seeking, advised me to file the K1 petition since it is the fastest way for Oanh to be here with me. I did not know this forum then. Here is my problem, I wrote in my timeline that we were married in front of our family and friends and sent it in along with the usual wedding pictures, boarding passes from my trip to Vietnam, receipts from the hotel that did the wedding banquet,ect. My income is around $110k per year so I don;t think it will be a problem. What cvaused me to "freak" out is when I read on this forum of K1 visa being denied due to the fact that we "got" married albeit not obtaining the legal certificate with the Vietnamese authority. Her being the only child in the family and her grandma and parents would like to see us married in front of the relatives and all. Please tell me what to do next since she may be denied a K1 Visa at the interview which should be within three months from now ( The NVC has my petition now for almost a week.)

Please guide me with your experiences ans insights.

Thank you.

.........................and you come in here, a self-help internet forum asking for help?

What's wrong with you?

Talk to an experienced immigration lawyer BEFORE even thinking about filing any immigration paperwork! Preparation is KEY to success in life. You should already know about that.

Mark Ellis is a well known lawyer here specializing in Vietnam-related petitions. TALK to him NOW!

You can afford it. So use your money to buy happiness before it's too late!

Edited November 14, 2013 by DreamNHope

[bigdog 376]

If it walks like a duck and looks like a duck it is a duck. You may want to consult an attorney regarding this.

[Big B 0]

Thanks guys.

[christeen 966]

Wow... Some of you are bitter and harsh... Just cause someone makes decent money is no reason to question why someone chooses to use self help site! Many prefer to handle their own paperwork and such so they have control of the process... I believe in this case it was just ignorance of the process and thinking it was easier than it actually is... But saying use your money to buy happiness Is quite I called for IMHO...

To the OP, yes, you have a situation which I think you are aware of... Given the cultural norms in Vietnam, there might be a chance you can get this through?? But at this point, I believe a lawyer would be in good order... Also, as others have suggested, a certificate of no marriage would be a good place to start.

[Beeeebs 19]

.........................and you come in here, a self-help internet forum asking for help?

What's wrong with you?

Talk to an experienced immigration lawyer BEFORE even thinking about filing any immigration paperwork! Preparation is KEY to success in life. You should already know about that.

Mark Ellis is a well known lawyer here specializing in Vietnam-related petitions. TALK to him NOW!

You can afford it. So use your money to buy happiness before it's too late!

lol you're jealous

[Heading2VietNam 6]

We also had a large Vietnamese tea ceremony, (which for everyone not involved in a relationship with a Vietnamese citizen, "is not a legal wedding"). It is done so the family and friends are able to see the Vietnamese bride or groom get married.

Everything you did was pretty much the same as what I did, I did not obtain a marriage certificate with the Vietnamese government, and I also included photo's of the tea ceremony and the receipts from the tea ceremony in the K1 petition. The only difference is when I filled out my timeline I labeled the pictures and receipts "Tea Ceremony", not wedding. The US Embassy in Vietnam knows that this is the typical way that a Fiance of a foreign citizen does this, so that the family and friends are able to attend the wedding, since 500 Vietnamese citizens are not going to be able to get a visa to attend the actual wedding ceremony in the United States. It's all for show, not legal.

About a month before my Fiance received her packet 3 she went to the police station to get the certificate of never being married, along with her police background paperwork. Because your Fiance will also need to do this, she should be fine with having that certificate proving that she is not married when she goes to her interview.

I had made a mistake with my Fiances middle name because she has two middle names and I had gotten it backwards on the papers I sent to the USCIS, and once the embassy received our case my Fiance was able to contact them to have them correct it. So if you are concerned about what you have in your packet, you can always contact the embassy to have them adjust it. Or you could also contact an attorney to see what they think.

My advice is strictly just telling you how it went for me, and hopefully helping you rest a little easier. If you need any help preparing for the actual interview let me know and I could help you out.

[Bugs 455]

We also had a large Vietnamese tea ceremony, (which for everyone not involved in a relationship with a Vietnamese citizen, "is not a legal wedding"). It is done so the family and friends are able to see the Vietnamese bride or groom get married.

Everything you did was pretty much the same as what I did, I did not obtain a marriage certificate with the Vietnamese government, and I also included photo's of the tea ceremony and the receipts from the tea ceremony in the K1 petition. The only difference is when I filled out my timeline I labeled the pictures and receipts "Tea Ceremony", not wedding. The US Embassy in Vietnam knows that this is the typical way that a Fiance of a foreign citizen does this, so that the family and friends are able to attend the wedding, since 500 Vietnamese citizens are not going to be able to get a visa to attend the actual wedding ceremony in the United States. It's all for show, not legal.

About a month before my Fiance received her packet 3 she went to the police station to get the certificate of never being married, along with her police background paperwork. Because your Fiance will also need to do this, she should be fine with having that certificate proving that she is not married when she goes to her interview.

I had made a mistake with my Fiances middle name because she has two middle names and I had gotten it backwards on the papers I sent to the USCIS, and once the embassy received our case my Fiance was able to contact them to have them correct it. So if you are concerned about what you have in your packet, you can always contact the embassy to have them adjust it. Or you could also contact an attorney to see what they think.

My advice is strictly just telling you how it went for me, and hopefully helping you rest a little easier. If you need any help preparing for the actual interview let me know and I could help you out.

My fiance and I did the same type of thing. We called it an engagement party, and it was a chance for her side of the family and friends to celebrate her moving here and getting married. I also think any pictures or evidence of this type of celebration is outstanding evidence of a genuine engagement. The mistake that the OP made however is calling it a marriage ceremony and wedding when including it as evidence. This discrepancy will need to get cleared up for the consul's satisfaction.

[KarimaG 2]

.........................and you come in here, a self-help internet forum asking for help?

What's wrong with you?

Talk to an experienced immigration lawyer BEFORE even thinking about filing any immigration paperwork! Preparation is KEY to success in life. You should already know about that.

Mark Ellis is a well known lawyer here specializing in Vietnam-related petitions. TALK to him NOW!

You can afford it. So use your money to buy happiness before it's too late!

[KarimaG 2]

.........................and you come in here, a self-help internet forum asking for help?

Don't DONT call Marc Ellis. I fell for than when I was doing my K1 4 years ago. My husband was in morocco and he told me to file for my husband out of some island in the Mediterranean off of Turkey so we could do our interview there bc he thought he would have a better chance there. At that time my husband could not even leaveee Morocco. He also told me our chances were slim. Ended up doing the paper my self we we didn't have a problem at all. Marc Ellis doesn't know what he's talking about. Dont even think about him. Just finish what you started and see where it goes and plan on being there at the interview.

What's wrong with you?

Talk to an experienced immigration lawyer BEFORE even thinking about filing any immigration paperwork! Preparation is KEY to success in life. You should already know about that.

Mark Ellis is a well known lawyer here specializing in Vietnam-related petitions. TALK to him NOW!

You can afford it. So use your money to buy happiness before it's too late!

[AmyWrites 593]

OP, at this point I don't think you need a lawyer. Most people here did this all by themselves.

I would, if I were you, withdraw the app and re-file for a CR1. You can wait for the interview and try to explain it, but I don't recommend that since;
a. consular officers usually have already decided before the interview

b. a more suspicious consular officer might think you're doing something fishy, slap you with misrepresentation or AP or something.

[Heading2VietNam 6]

OP, at this point I don't think you need a lawyer. Most people here did this all by themselves.

I would, if I were you, withdraw the app and re-file for a CR1. You can wait for the interview and try to explain it, but I don't recommend that since;

a. consular officers usually have already decided before the interview

b. a more suspicious consular officer might think you're doing something fishy, slap you with misrepresentation or AP or something.

Let me ask you something Amy,

How can the OP file for the CR1 when he isn't even married to his Fiance?

Are you advising the OP (which is not legally married to his Fiance at this time) to withdraw his current K1 petition, fly back to Vietnam, legally marry his Fiance, and wait in Vietnam at least 3 to 4 weeks for the Vietnamese government to issue them a legal wedding certificate, (which I can tell you first hand anything dealing with the Vietnamese police station you have to pretty much pay them a bribe to get it done quickly, otherwise he might be waiting two months for the marriage certificate to be issued). Then after he is legally married to his Fiance he would fly back home and file for the CR1 and start this whole process all over again?

[AmyWrites 593]

I think that's the safest approach, yes. I can't think of another scenario that doesn't sound fishy as heck.

If he explains it to a CO, he might get a pissed off/suspicious one and get denied or worse.

Edited November 15, 2013 by AmyWrites