Consequences of visa denial under section 221g

[Swarn 1]

Hello Everyone!

If a petition is disqualified under section 221g. What are its consequences on the next petition ?

[B&Z 201]

Will "the next petition" be with the same petitioner/beneficiary? And which type of petition/visa application was refused?

[Swarn 1]

Will "the next petition" be with the same petitioner/beneficiary? And which type of petition/visa application was refused?

Hello,

I am an Indian Citizen and My wife is a US Citizen. We got married in India as per Christian Religious Ceremony in June 2015. We Both are Christians. We were not aware of that church marriage certificate provided in India would be valid proof to apply for Spouse Visa Category and this certificate would be valid and legal in USA for her name change and other official purposes.

Actually, my wife got wrong guidance from a Lawyer...

We got information that we should Not apply for Spouse Visa. Instead, we can apply under Fiance Visa Category.

She applied for the K1 Fiance visa and this petition was approved by USCIS and sent to US Embassy in India and then it has been disqualified there.

Consular officer at the interview told me that you do not qualify for this visa category and as per him marriage is valid.

Now, we have no option except to apply again under the Spouse Visa CR1.

I am afraid if previous rejection would create any issue in spouse visa petition and we will be looked suspiciously.

[B&Z 201]

How did the embassy know about your Christian marriage? Did you provide evidence of that marriage during the petition and application process?

And did the consular officer advise your wife to apply for a CR-1 instead?

[Kastrs 723]

That is correct if you are married you are not eligible for the k1 visa, you should ensure your marriage complies with Indian law and start the process for a spousal visa

[dwheels76 5,462]

Hello Everyone!

If a petition is disqualified under section 221g. What are its consequences on the next petition ?

It all depends on f the embassy thinks you tried to misrep on purpose to get a immigration benefit.

I know of a coupe this year dd what you did a few years ago did a simple wedding and then filed K1 denied so married again filed even though they knew they been married all these years he went to interview and denied and has a 10 year ban where the CO clearly stated they tried to pull a fast one and pretend to be engaged when they knew they were married.

Yours may be simple enough to file again and show marriage certificate. Some get lucky, some get a misrep some get a ban.

all you can do is file a i-130 and hope for the best. But I would like to ask how did you not know you were married. You are clearly calling her your wife and that you had a Christian ceremony.

Man I hope you didn't pay that lawyer a dime they have cost you time and money wasted filing a K1 when it was so much easier to just be honest and filed what you knew you were Married.

[Swarn 1]

It all depends on f the embassy thinks you tried to misrep on purpose to get a immigration benefit.

I know of a coupe this year dd what you did a few years ago did a simple wedding and then filed K1 denied so married again filed even though they knew they been married all these years he went to interview and denied and has a 10 year ban where the CO clearly stated they tried to pull a fast one and pretend to be engaged when they knew they were married.

Yours may be simple enough to file again and show marriage certificate. Some get lucky, some get a misrep some get a ban.

all you can do is file a i-130 and hope for the best. But I would like to ask how did you not know you were married. You are clearly calling her your wife and that you had a Christian ceremony.

Man I hope you didn't pay that lawyer a dime they have cost you time and money wasted filing a K1 when it was so much easier to just be honest and filed what you knew you were Married.

We didn't misrepresent. It was totally a wrong piece of information given to us. We were told that this church marriage is not valid. And I don't know what would be valid in US and what not. My wife trusted that lawyer bcz he is a professional.

Even we documented that church marriage certificate in the k1 petition and reception photographs. We didn't hide anything. And in the interview i told the Visa Officer about the ceremony in Indian.

We are really going through a horrible experience.

[Swarn 1]

How did the embassy know about your Christian marriage? Did you provide evidence of that marriage during the petition and application process?

And did the consular officer advise your wife to apply for a CR-1 instead?

We documented that church marriage certificate in the k1 petition and reception photographs. We didn't hide anything. Bcz we were under the impression that this certificate doesn't have legal value. And in the interview i told the Visa Officer about the ceremony in Indian. He asked several questions and answered honestly.

He didn't advise to file CR-1, But he did say that religious marriages in India are valid.

[IcezMan_IcezLady 582]

Since you were not told about any ban, you can go ahead and file I-130 petition.

You should be good this time around.Just provide enough evidence to prove this marriage is legit.

Sometimes you might be "too married" for K-1 but not married "enough" for CR-1/IR-1. So make sure you prove enough evidence. As much as you can get. And if the previous denial comes up at the interview, just tell them what you have said here.

Good luck!

[Swarn 1]

We didn't misrepresent. It was totally a wrong piece of information given to us. We were told that this church marriage is not valid. So, embassy won't consider it a valid or legal marriage. And I didn't know what would be valid in US and what not. My wife trusted that lawyer bcz he is a professional.

Even we documented that church marriage certificate in the k1 petition and reception photographs. We didn't hide anything. And in the interview i told the Visa Officer about the ceremony in Indian.

We are really going through a horrible experience.

[kareelina 42]

We documented that church marriage certificate in the k1 petition and reception photographs. We didn't hide anything. Bcz we were under the impression that this certificate doesn't have legal value. And in the interview i told the Visa Officer about the ceremony in Indian. He asked several questions and answered honestly.

He didn't advise to file CR-1, But he did say that religious marriages in India are valid.

Same happened to me , we are married and more than a couple of years ago I applied for a non immigrant visa to visit my husband for a month , but when the consular know that we are married he denied the visa telling me that this was not the type of visa for me as we should have applied for IR visa. so do not worry that would not affect anything just start the process and apply for immigrant visa and be patient with the process , we applied for immigrant visa in July 2014 soon after denying my visiting visa and till now I haven't had my interview yet.

[Swarn 1]

I know we sound so stupid now after realizing the mistake. Until we didn't know about it we were thinking everything is correct and going fine.

Even USCIS didn't notice our church marriage certificate in the file and reception photographs. They approved the petition.

[KierenHby 897]

Your other thread

Apply for the CR1 as the CO clearly told you; as I mentioned in your other thread, she no longer qualifies for a fiance visa.

Edited September 20, 2016 by KierenHby

[Jawaree 717]

You should now have her file spousal visa (with explanation)

I would have my wife get an atty write a letter explaining

properly I think in all fairness they will see someone trying

to pull a fast one would not attach a marriage cert with a K1 app

you all must be un-informed. You staten no ban ...good luck

[Ebunoluwa 6,136]

Don't bother to file a I-130 for a spousal visa until your church certified marriage is properly registered with the court.

The church certificate alone will probably not be sufficient proof for a CR1 visa.