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AlbyAlby

How can I prove I've never been married (K-1 Visa)?

By AlbyAlby in K-1 Fiance(e) Visa Process & Procedures

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AlbyAlby Newbie

AlbyAlby   0

Posted
Filed: K-1 Visa Country: Egypt
 Timeline
Posted

Hi all, thank you so much in advance for this perplexing issue I'm facing. I'm the petitioner of a K1 visa and when I initially submitted the application in early 2016, I mistakenly filled out the G325a form saying that my mom's ex husband was my ex husband. Rookie move, I know, but I really thought it was asking for my parents' marital status, not mine. I've NEVER been engaged until now, much less married. 

 

After our second app was approved this month, I received an Intent to Deny (I-797E NOA) stating that since I claimed to be previously married on my first app and now am claiming to have never been married on the second app that I must show a divorce certificate or a certificate of death. 

 

How can I prove I've never been married and that the initial app was a mistake? I only have 30 days to reply and I'm freaking out. I'm tearing up as I write this because the approval came as such a pleasant surprise and then the intent to deny really crushed my heart and I need to find any way to fix it. I really need to be with my fiance soon because we've been separated for 2 years now and I miss him extremely. I can always move there if I need to, but I would rather we live here because it's safer. Thank you!

A'n'L Proficient

A'n'L   735

Posted
Filed: AOS (apr) Country: Norway
 Timeline
Posted

What do you mean by first and second app?

 

You'll need to write a letter explaining the mistake, much like you just did here. You might also want to show the marriage and divorce certificates of your mother and husband. 

If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

AlbyAlby Newbie

AlbyAlby   0

Posted
Filed: K-1 Visa Country: Egypt
 Timeline
  • Author
Posted

Thank you A'n'L! I went to an immigration lawyer and she advised we just need notarized affidavits from me, my mom, and my dad (not necessary, but it will help) explaining that this was made in error. We need copies of driver's licenses and my birth certificate as well to show that all are as they say they are. We're going to send this packet back to USCIS and hope they understand it was a mistake and I've never been married/am free to marry. 

 

I'll keep this post updated in case someone else has this problem

  • 1 year later...
TBoneTX Grand Master

TBoneTX   48,177

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

The OP hasn't logged on to VJ in a full year.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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