K1 petition denied

[strongmyk 51]

Hi guys so I filed for K1 petition for my fiancé and his interview was Feb 1 last Monday. Initially his interview date was March 30 but we worked with the congresswoman in out city to have the date expedited because of medical reasons so we got a date of Feb 1. He was not interviewed when he was called but rather the CO just asked two questions. She had one of our pics in front of her and asked my fiancé who they were and he said his of the family the next question was what did you present at the time of your engagement, and he said drinks money and cloths in our traditional custom. Then the CO said I have bad new for you because in your culture engagement is considered marriage and therefore she denied the petition and gave him a white slip reading 221g and the status on their system states Admin Processing" So the Congresswoman emailed them and asked why they denied the petition and they said because in Ghana, our traditional engagement in marriage therefore the K1 petition is denied and we have to file I130. Money and time wasted and the energy to even ask attorneys about this is just a nightmare. Has anyone gone through this before and how did they proceed?? Please advise

Thanks

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Sorry to hear this but i think you shouldn't give up hope. Just file I-130 like all is saying and it would be much easier. Sorry for all the money and energy wasted. Your fiance should have known better!

Edited February 8, 2016 by strongmyk

[Ebunoluwa 6,136]

Sorry that you went through all this process and were denied. When you file for your marriage certificate, are you able to use the engagement date as the date of the marriage? If so, your husband might be eligible for IR1 instead of CR1 visa, which means he receives his 10yr green card upon arrival, instead of the conditional one.

No. USCIS wants the registered marriage date. Unfortunately a traditional marriage is "too married" for a K1 and "not enough married" (in the sense

of the papers) for a I-130 petition for a CR1. So the traditional date does not count.

[Sandra G. 5,021]

I think your problem is bigger that Immigration issues such as you do not know about your husband's culture, and your husband does not know about his culture either...I am an outsider and I know that a customary marriage is a marriage in Ghana and in other Countries as well.

[dezzy&dubb 2]

Im so sorry to hear about your denial. Too many times I've seen denials because the couple did dowry or "knocking rite." There have been a few couples on VJ that have gone or going through this same issue. I would suggest doing some research and reaching out to those couples to see if they overcame it or just filed the CR1. It appears you don't have any other options other than to file a CR1. Again, sorry for the denial and I wish you the best.

[catlover31 8]

I think your problem is bigger that Immigration issues such as you do not know about your husband's culture, and your husband does not know about his culture either...I am an outsider and I know that a customary marriage is a marriage in Ghana and in other Countries as well.

How do you know what they do and don't know about each other's culture.

To the OP: I am sorry it worked out that way.

[Afedzi_gh 3]

Im so sorry to hear about your denial. Too many times I've seen denials because the couple did dowry or "knocking rite." There have been a few couples on VJ that have gone or going through this same issue. I would suggest doing some research and reaching out to those couples to see if they overcame it or just filed the CR1. It appears you don't have any other options other than to file a CR1. Again, sorry for the denial and I wish you the best.

I couldn't agree with you more. OP should heed to your advice

[catlover31 8]

Also use a lawyer. Many people of this site are anti lawyer and don't recommend that people use them. We did even though we could have technically done it ourselves. It made things a lot easier.

[Lee&Ana 88]

It is beyond me that the OP's fiancé did not know that. I would be mad as hell to go through all that paperwork for nothing.

[catlover31 8]

What I don't understand is why the exchange of dowry is considered to be a legally binding marriage. No documents were signed, something like that if done in most places would have zero legal recognition unless a government office was involved.

[strongmyk 51]

What I don't understand is why the exchange of dowry is considered to be a legally binding marriage. No documents were signed, something like that if done in most places would have zero legal recognition unless a government office was involved.

That is our culture! Our parents and grandparents went this route.They didnt sign any papers or do any documentation. Yet they valued and respected their marriages and their marriages lasted long too... Signing documents is just COSMETIC!

Also use a lawyer. Many people of this site are anti lawyer and don't recommend that people use them. We did even though we could have technically done it ourselves. It made things a lot easier.

Some of the lawyers are even more confused than the petitioners/applicants...

[catlover31 8]

Yes it is cultural, but to me it doesn't seem like it is legally recognized, since nothing was signed or registered. People in Europe for example do ceremonial religious marriages in churches and these marriages don't mean squat legally unless they get registered.

Some of the lawyers are even more confused than the petitioners/applicants...

This is why you get a good lawyer. Do research online and don't hire the first person who comes up on google. We talked to several lawyers before we hired one and it was a good decision.

[dwheels76 5,463]

Yes it is cultural, but to me it doesn't seem like it is legally recognized, since nothing was signed or registered. People in Europe for example do ceremonial religious marriages in churches and these marriages don't mean squat legally unless they get registered.

This is why you get a good lawyer. Do research online and don't hire the first person who comes up on google. We talked to several lawyers before we hired one and it was a good decision.

It's not about what you think. And define what you think legal means? All registering a marriage does is give someone rights in case of death (property, money. etc.). In most cultures having ceremony is good as gold. Things have not changed and thank God.

A traditional marriage is very scared and precious. And it's recognized. Bride prize paid, people party the days away. The bride may or may not go home with the groom. That day. Depends on the father of the bride. But she is betroth to him. Paid for, promised to him. That's the way it is. Africans know that, the embassy knows that it's no secret.

And sorry I have known of too many cases from all over the world where lawyers advised and suggested couples doing a "Civil Ceremony". Just don't file the papers. And guess what denial at interview cuz CO believes they are married ans tells them so.

[catlover31 8]

It's not about what you think. And define what you think legal means? All registering a marriage does is give someone rights in case of death (property, money. etc.). In most cultures having ceremony is good as gold. Things have not changed and thank God.

A traditional marriage is very scared and precious. And it's recognized. Bride prize paid, people party the days away. The bride may or may not go home with the groom. That day. Depends on the father of the bride. But she is betroth to him. Paid for, promised to him. That's the way it is. Africans know that, the embassy knows that it's no secret.

And sorry I have known of too many cases from all over the world where lawyers advised and suggested couples doing a "Civil Ceremony". Just don't file the papers. And guess what denial at interview cuz CO believes they are married ans tells them so.

Legal means that the marriage was done in the legal way and recognized by a government office. Exchanging something in between couples privately doesn't sound like it it is valid in any legal sense. Yes a traditional marriage is sacred and precious however in court it isn't legally recognized. Someone could go in to a church or a mosque or a synagogue and get married but the marriage wouldn't hold up in the law unless it is registered or recognized. Most churches won't preform a wedding for you in the US and Europe unless you apply for a marriage license beforehand. And just because you know of some bad lawyers doesn't mean that all lawyers are bad and you shouldn't tell people not to use a lawyer just because you don't trust them. As someone who is related to several lawyers, I take offense to what you say.

Edited February 9, 2016 by catlover31

[NikLR 13,220]

You misunderstand. This is not Europe. This is not the US.

There is too married for K1 and not married enough for the CR1. Traditional marriage can definitely fall into that category.

I suggest that you don't take offense from people's opinions or you'll spend your whole life offended. If you want to, obviously that's your prerogative but it doesn't sound like very much fun.

Edited February 9, 2016 by NLR

[JFH 12,189]

Legal means that the marriage was done in the legal way and recognized by a government office. Exchanging something in between couples privately doesn't sound like it it is valid in any legal sense. Yes a traditional marriage is sacred and precious however in court it isn't legally recognized. Someone could go in to a church or a mosque or a synagogue and get married but the marriage wouldn't hold up in the law unless it is registered or recognized. Most churches won't preform a wedding for you in the US and Europe unless you apply for a marriage license beforehand. And just because you know of some bad lawyers doesn't mean that all lawyers are bad and you shouldn't tell people not to use a lawyer just because you don't trust them. As someone who is related to several lawyers, I take offense to what you say.

You are using European/American standards to measure something in Africa. It doesn't work. In Europe, marriage is seen as a legal contract. In other cultures, law does not come into it. It's a personal commitment. You give someone your word and your word is good. Those countries find it equally odd that we in the west would go to a courthouse to get married or treat it like a legal transaction. Some cultures cannot comprehend that there is no religious aspect to marriage in Europe.

Just because it's done differently elsewhere, doesn't mean it's wrong. It works for them. After all, no matter where you are the marriage is only as strong as your word. You could stand before all the judges in the country and promise to stay faithful till death but it means nothing if you can't keep that promise. It's not how or where you make the promise but how you keep it.