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Filed: K-1 Visa Country: Mexico
Timeline
Posted (edited)

I'm a k-1 filer!

So me and my fiancé had a religious ceremony in Mexico, both our families are very religious and we decided to have this ceremony. I know that in Mexico a religious wedding/ceremony isn't legal, it is not recognized as a legal marriage, we had it last year. I went to a lawyer to file for the k-1 visa, he authorized for me to send in pictures of the ceremony and a paper stating it was a religious ceremony to USCIS. We have a 5 month old baby who was borned in the U.S and we are currently waiting for our NOA2. I received a RFE, it was to send in two passport size pictures... one of me and one of my fiance's. My question is, can we get denied? I have read some conversations of how many people have gotten a denial because of religious ceremonies.

Edited by jessilveir
Filed: AOS (apr) Country: Saudi Arabia
Timeline
Posted

But I guess I should of gotten denied instead of receiving a RFE from USCIS? I don't know what to think anymore ..

As stated, you won't get denied through USCIS, you'll get denied through the interview in your country. I'm not sure why your lawyer would inform you this is ok, and even more so why he would ask you to send more pictures of the ceremony. I'm afraid your lawyer probably isn't very well informed on the k-1 visa process. Good luck! Maybe you can check in the Mexico forums to see if anyone is familiar with this ceremony and being denied because of it. I've watched it happen in other countries, where the CO denies due to the fact you are "already married", but I'm not familiar with, or if this has happened in Mexico.

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Filed: K-1 Visa Country: Mexico
Timeline
Posted

I've researched on the internet if this has happened in Mexico, but I'll call and investigate some more. My fiancé will also go and investigate there, since he's in Mexico & I'm in the U.S .. let's see what we gather. It's such a pain in the butt to be going through this, I was so confident that I wasn't going to go through all this if I paid a lawyer. Thank you for your responses!

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Not sure why the lawyer would have you put that in your petition submission. It was not needed, and should have been omitted.

Just be honest when the CO questions you at the K-1 interview. The CO there in Juarez should know that religious ceremonies are not legal there, but there is no guarantee. I am not aware of people being denied at CDJ for having a religious ceremony there first, but of course I am not aware of all cases that go through there. I think you have a good chance of approval though, as long as the CO believes you are not legally married and still eligible for the K-1.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: K-1 Visa Country: Mexico
Timeline
Posted (edited)

Ok, so we might still have a chance. I was thinking maybe he should get some prove from church stating that religious ceremonies are not a legal marriage for the day of the interview. Also for him to go and get prove that we're not married, that we're both legally single. Would that be a good idea?

Edited by jessilveir
Filed: Other Country: Thailand
Timeline
Posted

My wife and I legally registered our marriage in Bangkok in the month of April one year, but her family didn't recognize that, so we had the religious ceremony a couple of months later in June. The April date is the one we've always used for her Tourist and Immigration visa applications, and it's the date recognized by Thai Immigration too. I'm not sure if any government recognizes only a religious ceremony. It's got to be filed on record somewhere.

Posted

I think it is in the hands of the counselor that will do the interview. It is probably a good idea to have more evidence for the interview. You can hope to be able to explain but it seems that they mostly review the initial evidence beforehand and sometimes make a preliminary decision based on that.

From the denials I have seen based on the same situation as your, the petitioners didn't even get a chance to plead their case at the interview. However, those denials were from a different country.

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Filed: K-1 Visa Country: Mexico
Timeline
Posted

I've searched if there has been any denials in Mexico based on a religious ceremony but I haven't found anything. I'm hoping for the best, I'm waiting for he NOA2 since I got RFE. But I'll keep searching and see if anything come up.

Posted (edited)

Ok, so we might still have a chance. I was thinking maybe he should get some prove from church stating that religious ceremonies are not a legal marriage for the day of the interview. Also for him to go and get prove that we're not married, that we're both legally single. Would that be a good idea?

Dont get your hopes up this is known as knocking right and they will deny especially you have ceremonlial clothing rings were prob exchanged. You will be married in there eyes especially if they know this custom and you sent them all that evidence.

Edited by Anitafeliz

:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

Posted (edited)

Ok, so we might still have a chance. I was thinking maybe he should get some prove from church stating that religious ceremonies are not a legal marriage for the day of the interview. Also for him to go and get prove that we're not married, that we're both legally single. Would that be a good idea?

http://www.visajourney.com/forums/topic/583325-denied-k1-visa-for-doing-knocking-rite/

http://www.visajourney.com/forums/topic/592265-k-1-visa-denied-advice-on-next-steps/

Edited by Anitafeliz

:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

 
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