K1 fiance visa denied because they think we secretly married, help!

[Lemonslice 4,549]

If you're both conservative and got pregnant, that might reinforce the idea that you're married :/

[Harpa Timsah 13,258]

You had a wedding ceremony and allowed your inlaws to tell people you are married. https://travel.state.gov/content/visas/en/fees/reciprocity-by-country/IN.html This page says that Hindu marriages do not have to be submitted to the appropriate authority; rather registering your marriage is optional. So it could be that you are married according to religious law (I think you are) and that is enough to deny a fiance visa. It doesn't matter that you didn't sign paperwork.

And to reiterate something said above, you do not have to get married in India. You can fly to a third country and get a civil marriage if that is easier for you. Cyprus is popular and it's sort of midway.

I know it sucks. Best of luck to you.

[Boiler 43,401]

You had a wedding ceremony and allowed your inlaws to tell people you are married. https://travel.state.gov/content/visas/en/fees/reciprocity-by-country/IN.html This page says that Hindu marriages do not have to be submitted to the appropriate authority; rather registering your marriage is optional. So it could be that you are married according to religious law (I think you are) and that is enough to deny a fiance visa. It doesn't matter that you didn't sign paperwork.

And to reiterate something said above, you do not have to get married in India. You can fly to a third country and get a civil marriage if that is easier for you. Cyprus is popular and it's sort of midway.

I know it sucks. Best of luck to you.

Midway?

[Unidentified 2,930]

Midway?

Half way? In between?

[Boiler 43,401]

Half way? In between?

Well I have flown UK to India and UK to US and Cyprus strikes me nowhere near midway etc.

Must get a new globe.

[Jojo92122 1,924]

It may be easier for him to travel as close as he can to the US to a country where he can get a visa or travel visa free, and where two foreigners can easily get marry. She has the baby to consider, so it might be easier for him to fly further so she can be closer to the baby.

Midway may not be a solution if he can't travel there or two foreigners can't get marry there.

[Harpa Timsah 13,258]

I said "sort of midway" meaning a loose approximation. Somewhere in Portugal would be "more" midway but not sure the laws there for marrying on tourist visa or if OP's husband can get a visa there. But thanks for derailing the thread

[Ebunoluwa 6,136]

The CO has discretion on how to interpret the ceremony.

In Ghana people get denied all the time just for having a traditional engagement, for a celebration where both sides of the family meet

even though it was not a wedding.

If you would request a review with the section chief through a senator "while your case is still at the embassy"

with all the points you had in your post, it would be a slim to none chance but you can try.
Once your case is on its way back to USCIS there will be no review and it will expire.

They will not consider that it is a hardship for you to go back now with a new baby.

Many people do travel with infants.Wait until your baby is older and then fly over, get married and file a CR1.

It would be nice for the father to see his child before the CR1 process would be complete.

[Rafael G 14]

I understand you, but try to think a little, because making a wedding ceremony, if not actually happened marriage? really seems like only solution is to get married and apply for the visa wife. so one doubts, you can not a document stating that her boyfriend is single? I think it would help a lot. but have gone through the process before the deadline to guys, and make a wedding ceremony without being married .... are several red flags. so another doubt, if the couple do not follow a religion, because it made a Hindu ceremony?. I wish a lot of luck, and continue. love always wins .

[KierenHby 897]

The decision was made based on photographs that we ourselves submitted in which I am wearing the dress and jewelry typically used in a Hindu wedding. My intention in participating in cultural wear and traditions was to share in my fiance's culture as well as to allow his parents to participate in our engagement and future wedding. We allowed his family to say that we were a "married" couple for their own peace of mind and to protect the reputation in their small village in Himachel Pradesh, but we are not married. The officer told my fiance that she had proof and verified that we were married and refused to tell us which evidence she had. I understand and respect the system fully, but as I stated we are not married and there is no legal documentation that states otherwise.

Let's see.. You submitted photographs wearing wedding dress and jewelry. His family considers you married. You just had a baby; Indians generally consider a baby out of wedlock as taboo. Embassy staff contacted his family, village, etc who basically confirmed you two got married.

Why the surprise he was denied a fiance visa?

[Eric-Pris 1,602]

Let's see.. You submitted photographs wearing wedding dress and jewelry. His family considers you married. You just had a baby; Indians generally consider a baby out of wedlock as taboo. Embassy staff contacted his family, village, etc who basically confirmed you two got married.

Why the surprise he was denied a fiance visa?

That rationale will not make sense to the OP. It's too rational. I guarantee she will be back on to repeat how there's no proof of marriage (other than the wedding attire, picture in said wedding attire, ceremony, and his family believing that they are married, there is none).

I'm with the OP, I don't see how they could've denied them.

[Mercedes428 1]

Let's see.. You submitted photographs wearing wedding dress and jewelry. His family considers you married. You just had a baby; Indians generally consider a baby out of wedlock as taboo. Embassy staff contacted his family, village, etc who basically confirmed you two got married.

Why the surprise he was denied a fiance visa?

Because we have documents that state he is legally single, no they did not contact his family his parents signed affidavits that say we are not legally married. And no we participated in some customs but did not follow thru with all the rituals that bind us as married.

[Mercedes428 1]

That rationale will not make sense to the OP. It's too rational. I guarantee she will be back on to repeat how there's no proof of marriage (other than the wedding attire, picture in said wedding attire, ceremony, and his family believing that they are married, there is none).

I'm with the OP, I don't see how they could've denied them.

Wow so you just troll threads to criticize instead of offer some suggestion? Nice because when there is so much tension and stress in this process no one makes a mistake, even when they go over the process a thousand times over making sure they dont. You must feel real good about yourself that your status is all set and you can just go make fun of the people going thru the rough time that you just went thru.

Oh let me feed into your criticism no there isn't a legally binding marriage certificate.

You had a wedding ceremony and allowed your inlaws to tell people you are married. https://travel.state.gov/content/visas/en/fees/reciprocity-by-country/IN.html This page says that Hindu marriages do not have to be submitted to the appropriate authority; rather registering your marriage is optional. So it could be that you are married according to religious law (I think you are) and that is enough to deny a fiance visa. It doesn't matter that you didn't sign paperwork.

And to reiterate something said above, you do not have to get married in India. You can fly to a third country and get a civil marriage if that is easier for you. Cyprus is popular and it's sort of midway.

I know it sucks. Best of luck to you.

This may be an option actually, then I can bring the baby on a flight that's not 18+ hours. I will definitely be looking into this idea. Thanks!

[Chris and ZhiJia 146]

In any other case I would have already flown back, I have a one month old now, and can't really take her to a substandard foreign country and can't leave her behind just yet. So we are stuck in limbo, not married but they don't believe us and can't go and marry him. Any suggestions :/ I got in contact with congressman I'm hoping it helps :'(

Is your daughter also his daughter? If so, why would you not want to bring her to India. This gives you so many chances for his family to interact with their granddaughter/grandniece/niece. My wife is planning a trip back to China, and will be bringing our son with her, I can in no way contemplate forbidding her family from having their chance to see him.

Children are born every day in India, and they survive extremely well. Heck, many of the best doctors in the US studied in India.

[Eric-Pris 1,602]

OP,

Thanks for making my point.

Did you read one of the other posts that said that you can be legally married without actually filing paperwork for the marriage? I guess you missed that one. The paper that says that your husband is single is worthless due to the underlined sentence. To add, nobody is here criticizing you for enjoyment or to feed their ego like you believe. Most here are really generous with their time and knowledge. People are trying to help you realize that you did this to yourself, so accept it, and move on, because you won't be able to change it. It's done, you're married in the eyes of USCIS.

Edited October 10, 2016 by Eric-Pris