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

[KierenHby 897]

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 :'(

You condemn others here for feeling superior and call them trolls, yet consider your fiance\future hubby's birthplace 'substandard'? Way to go..

[Harpa Timsah 13,258]

I just flew to the UK with my then 4-month old. Granted, I had my husband with me, but the flight was pretty easy. We got a bulkhead row and they gave us an infant bassinet that attached to the wall. The baby slept in there and we all had a good time.

I wouldn't want to fly 18+ hours with layovers, but something shorter like to a flight to Europe is definitely doable.

Good luck.

[Boiler 43,434]

Belushya Guba, Russia

[KierenHby 897]

Russia.. cold as heck next several months.

[Harpa Timsah 13,258]

Belushya Guba, Russia

Most flights don't go over the North pole, dude.

[Mercedes428 1]

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.

Yes it is his daughter, and no I'm not forbiding the family from seeing their grandchild. The plan was just to wait until she was at least 1 yrs old to give her a chance to build up her immune system. And if he is with me it would have also been easier for us to fly back together. I'm a first time mom so the travel and all alone with the baby scare . Me.

I just flew to the UK with my then 4-month old. Granted, I had my husband with me, but the flight was pretty easy. We got a bulkhead row and they gave us an infant bassinet that attached to the wall. The baby slept in there and we all had a good time.

I wouldn't want to fly 18+ hours with layovers, but something shorter like to a flight to Europe is definitely doable.

Good luck.

Same I'm thinking

[Mercedes428 1]

You condemn others here for feeling superior and call them trolls, yet consider your fiance\future hubby's birthplace 'substandard'? Way to go..

Your gonna say its not? Its fact doesn't mean I'm never going but you have to do it in the best way as to not risk the babies health. My home country substandard to what exactly is wrong with stating fact?

Second fact is you just read the post and felt the need to be sarcastic and arrogant not condemning just calling you out on it.

[Boiler 43,434]

Most flights don't go over the North pole, dude.

They usually take a great circle route if direct.

[KierenHby 897]

Second fact is you just read the post and felt the need to be sarcastic and arrogant not condemning just calling you out on it.

Well, so are you.

Take everyone's advice, get married, and get your baby her dad soon.

[Rc123rc 528]

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

This paragraph says it all. As far as the CO is concerned no matter what other evidence you say, they think you are married. It's not a criticism but a known situation repeated many many times in other threads on here. India, Vietnam, other countries. The advice to K-1 applicants is the same for these countries. Engagement parties are thought of as wedding parties. His family says you're married, you wore wedding traditional dress and jewelry. You need to accept this, find a way to get married legally and file for a CR-1.

[tormina 0]

OP, I am sorry for your situation. It doesn't hurt to argue your case but if it doesn't work out you can go to a third country to get married as others have mentioned. Check the list below, Jamaica sounds like a good candidate but make sure to research marriage laws there. Indian consulate in Jamaica may be another option.

Good luck.

https://en.wikipedia.org/wiki/Visa_requirements_for_Indian_citizens

[KierenHby 897]

OP, I am sorry for your situation. It doesn't hurt to argue your case but if it doesn't work out you can go to a third country to get married as others have mentioned. Check the list below, Jamaica sounds like a good candidate but make sure to research marriage laws there. Indian consulate in Jamaica may be another option.

Good luck.

https://en.wikipedia.org/wiki/Visa_requirements_for_Indian_citizens

Flights to Jamaica go thru either the US or Europe, requiring a hard-to-get visa.

[IcezMan_IcezLady 582]

My situation is described in the email I sent to DOS of India below. Any help is greatly appreciated as too what to do next

Hello,

To whom it may concern, I am writing this email to inquire about the decision made in regards to my fiance's K1 visa application which took place today September 29th 2016 at 8:30 AM. After attending the interview he received a 221(g) notice that stated he was ineligible. The officer stated that he was not eligible for a fiance visa because she believes that we are married. The fact is that we are NOT married. She told him that he need to reapply under a spousal visa and that after applying we could have the case expedited. I currently cannot return to India as I have recently delivered a baby girl September 6 2016.

We both clearly state and stand by our truth that we are NOT married. There is no legal documentation in existence stating that we are. We did not sign any paperwork or obtain any type of marriage certificate stating that we are married. Therefore we cannot apply for a marriage visa because we do not have any type marriage certificate nor does one exist that solemnifies us as married. Our intention was for my Fiance to enter the US and then we could in fact marry in the US as presented by evidence that we had submitted.

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.

Having said, according to the Hindu marriage act that would consider us as "married" we would have to meet the following requirements;

*Neither party has a spouse living at the time of marriage. -I currently was in the process of waiting for my divorce decree in order to apply for my fiance so legally I could not marry, and therefore chose not too, Instead we applied for the K1 Fiance Visa.

*We would have had to have been living together for a period of six months. -As proven by my passport I have not spent more than four months during my visit with my Fiance.

* The marriage act is between two Hindu participants. I was born a Christian and do not fall under Hindu religious law. My Fiance himself has also converted to Catholicism and also recognizes the Catholic religious ceremony as a binding marriage ceremony which we planned to have upon his arrival to the US as proven by an official document from my parish priest

I have included the following below;

1. A scan of the 221(g) notice letter he received during his interview.

2. A scan of the letter I received from my parish priest stating our intent to marry in a Catholic ceremony in accordance to our Religion.

3. A copy of my passport to verify that I was in the country less than 6 months following the celebration.

4. a scanned copy of our divorce decree stating that the date it officially went thru was after my last trip to India.

5. Photo of baby including date of birth.

After waiting 7 long months, this decision has left us completely heart broken. I spent the majority of my pregnancy alone and my fiance missed the delivery of his first daughter. Our hope was that this month we would soon be able to hold her and we could be reunited as a family. I cannot leave my daughter who is only about 20 days old to go sign a marriage certificate , we cannot apply for a marriage visa because we have no evidence of married because none exists, and we cannot reapply for another fiance visa because we have already been marked as not being engaged.

I am hoping that this error can be corrected and it can be clarified that we did in fact apply for the proper visa. I hope that we will not be forced to fully reapply and wait another 7 months before our family can come together. Please help me take the next steps so that my fiance can soon join me and our daughter. If there is any option or expedite available for us please let us know so that we can move forward and I can bring him home as quickly as possible.

Thank you very much for your consideration. We are very grateful for your time in reviewing our case. I am willing and capable of providing any other statements or proof needed to verify that we are NOT married and did apply for the proper visa category.

********

Since then we have collected 2 affidavits from oare ts stating that we are not married

And 2 court documents that verify that he is currently single and eligible to marry. There is no legal marriage certificate on file.

See the underlined!

You dug your own grave with that.. Visa approval is based on truth and honesty. That false pretense is what came back to bite you.

In Ghana, people have been denied just because nosy neighbors have told field investigators that the applicant was married even though he wasn't actually married but folks just say "my wife, my husband" as a playful thing.

Probably, someone told them you are married. You can't undo a lie after it has been accepted as the truth.

Going to tell, the embassy or USCIS that you lied about been married to your village won't change a thing. Lies are have serious consequences. Some people have got banned for lying.

Get married legally....

With immigration process, you could be deemed too married for fiance visa but not married enough for spousal visa.

So, make sure you are married enough for spousal visa.

good luck to you!

[Mercedes428 1]

See the underlined!

You dug your own grave with that.. Visa approval is based on truth and honesty. That false pretense is what came back to bite you.

In Ghana, people have been denied just because nosy neighbors have told field investigators that the applicant was married even though he wasn't actually married but folks just say "my wife, my husband" as a playful thing.

Probably, someone told them you are married. You can't undo a lie after it has been accepted as the truth.

Going to tell, the embassy or USCIS that you lied about been married to your village won't change a thing. Lies are have serious consequences. Some people have got banned for lying.

Get married legally....

With immigration process, you could be deemed too married for fiance visa but not married enough for spousal visa.

So, make sure you are married enough for spousal visa.

good luck to you!

We were true and honest with the embassy. We aren't married and didn't comoekte any marriage ceremony. Its not about truth and honesty its about who can play the game the best. That's truth.

[NigeriaorBust 4,087]

When it comes to field investigations they usually go to the neighborhood and ask questions first. They know family will lie their butts off to ensure they get their anchor to the US a visa. So they send someone to the area and ask vague questions. How many people in that small town would have told the investigator that there was a marriage ? As far as travelling with a small child , they should have better immunity on breast milk than off so travelling earlier is safer. ( you body will filter the bad water )