Just getting started

[Asmae 8]

I just got back from Morocco after meeting my fiance and family and doing a formal engagement.  We both filled out the 129f form together and got all required documents in both sides.  Is it necessary to get an attorney to file the k1 or should we attempt it by ourselves? Help please.

[RJandHamid 1,129]

Welcome to VJ! The K1 I-129F guide at the top of the page is a good place to start. (Note that the G325A as listed in the guide is no longer required). You don't need an attorney or an immigration service, all they do is file the paperwork for you and it is not hard to do by using the guides and forums here. I also went through the K1 process in Morocco and I'm currently typing this on my phone on my way to the airport to pick him up! 

 

VJ is a great resource and I and many other members can help answer any specific questions you have about the I-129F documents. 

[SaRy 73]

Hello and welcome to VJForums!  

 

No, you don't need an attorney for the entire process. Just follow the instructions here: http://www.visajourney.com/content/k1guide

 

Members here are very helpful, so feel free to ask questions at any point of your process.

 

Good luck!  

[theanswerisdance 144]

27 minutes ago, Asmae said:

I just got back from Morocco after meeting my fiance and family and doing a formal engagement.  We both filled out the 129f form together and got all required documents in both sides.  Is it necessary to get an attorney to file the k1 or should we attempt it by ourselves? Help please.

Another vote for do-it-yourself! Totally manageable! Just wanted to add though, I'm not sure what you mean by "formal engagement" or what that looks like in Morocco, but be cautioned that many, MANY people have experienced denials of their K1 petition for having anything that resembles an engagement or wedding ceremony. They can judge you as "too married" to qualify for a fiancé visa, even though you are not "legally" married yet. So when you submit your evidence of relationship with your petition, just be careful that you don't submit anything that could give them the impression that you already held any kind of formal ceremony or cultural procedure.

[Asmae 8]

18 minutes ago, theanswerisdance said:

Another vote for do-it-yourself! Totally manageable! Just wanted to add though, I'm not sure what you mean by "formal engagement" or what that looks like in Morocco, but be cautioned that many, MANY people have experienced denials of their K1 petition for having anything that resembles an engagement or wedding ceremony. They can judge you as "too married" to qualify for a fiancé visa, even though you are not "legally" married yet. So when you submit your evidence of relationship with your petition, just be careful that you don't submit anything that could give them the impression that you already held any kind of formal ceremony or cultural procedure.

Really?  Yes it was very formal, dresses, exchanging rings, dj, dancing, family.  The 129f said we needed pictures of engagement ceremony, so he did a huge one.  What do we do in this instance.

[Asmae 8]

Thank you, right now I need all the help I can get.  My fiance (Abdelfattah), had everything filled out before I even got there. He even had all his documents changed from Arabic to English.  We both have copies of our divorce decrees, proof of our relationship over the past 11 years, emails, gifts, receipts, pictures, conversations, etc.  He got letters from people that met us and attended our engagement ceremony.  Are we missing anything to file this on our own?  I'm preparing to send everything in to USCIS. If by any chance they deny us, do they send back our original pictures, receipts, documents etc?

[theanswerisdance 144]

11 minutes ago, Asmae said:

Really?  Yes it was very formal, dresses, exchanging rings, dj, dancing, family.  The 129f said we needed pictures of engagement ceremony, so he did a huge one.  What do we do in this instance.

I believe the I-129F only asks for proof of ongoing relationship. At this point, you would honestly be better to get married legally and then apply for a CR-1 visa. The wait time has generally been longer but the process is much cheaper as you don't have to file for Adjustment of Status once your spouse enters the States on their visa, and they can work immediately upon arrival. 

 

If you do a search of the K-1 forum here you will find a lot of stories of people who have spent the money on the K-1 process only to have their application denied, for having much less of an elaborate ceremony or party than what you're describing here, which sounds very much like a full wedding (just without any legal paperwork signed). That's why it's recommended that if you're going to the K-1 route and want to have a ceremony or party in the beneficiary's home country, you wait until after you have gotten married in the U.S. and gotten the conditional Green Card. Then you can always go have a party there, if the beneficiary's loved ones are unable to travel to the U.S. for the legal wedding. From the perspective of USCIS, whether the occasion had any "legality" to it is irrelevant -- cultural ceremonies of any kind are enough proof for them to deem you "too married" for the K-1.  

 

There is a CR-1 guide similar to the K-1 guide referenced above that might be helpful to you:

http://www.visajourney.com/content/i130guide1

 

Best of luck!

[theanswerisdance 144]

A few stories re: cultural ceremonies and K-1 denials:

 

 

[EandH0904 1,184]

You said after meeting your fiance, then you said a relationship of 11 years....? Was this the first time you met in 11 years of dating? 

 

A lot of filers from Morocco  (myself included) didn't get a k1 after meeting only once and filing. It's best to have a lot of face time if possible, if this was your first visit you may want to consider at least one more if not 2 before filing. 

 

You could just not submit photos from your elaborate engagement party. Proof of ongoing relationship is most important. 

[SaRy 73]

A "huge engagement" ceremony can hardly go unnoticed...So as others have suggested, you're better off just getting married and filing for CR1 instead.

[Asmae 8]

The problem is I'm already back in the states preparing to send everything off.  Neither of us knew that we should have gotten married there. We were with the understanding that we had to be engaged before filing the k1.  

[theanswerisdance 144]

4 minutes ago, Asmae said:

The problem is I'm already back in the states preparing to send everything off.  Neither of us knew that we should have gotten married there. We were with the understanding that we had to be engaged before filing the k1.  

Engaged, yes. For example, many people send a copy of the receipt for the purchase of the engagement ring (I know we did as part of our evidence). But when there is a ceremony with all of the features of a wedding, or even when a couple are both wearing rings in pictures, dressed in corresponding outfits that could imply bride-and-groom clothing, having a formal party, etc. that can insinuate more than just engagement. I guess the best way to think of it is: a USCIS officer reviewing your case can't know for sure that you aren't seen as already married in the eyes of a foreign culture. In many countries, couples who go through a ceremony like the one you described are viewed in their culture as married from that point on, irrespective of legal paperwork. I know of a case in which the couple was warned ahead of time not to risk having an engagement ceremony, but they decided not to heed warnings and did it anyway, convinced that by locking down their social media, not posting photos, not sending any pictures with their evidence package of the ceremony, etc., they could hide it from USCIS. When the beneficiary went for her interview, the officer pulled out photos of their ceremony from his file -- photos that they were sure USCIS never knew about. She had no idea how the officer got hold of the photos. Needless to say, she was denied. We assume USCIS doesn't have their ways of finding these things out, but obviously they do.

 

There is nothing to stop you from going ahead and filing for the K-1. You could get lucky as some have and be approved. Or you could get unlucky as some have and be denied. It's more a question of how much are you willing to risk if the chances are high that you will get denied? The filing fee for the I-129F is $535 that will not be refunded if you get denied, plus the time you'll have lost in waiting for a decision to be made on the I-129F if you find yourself back at square one. But the general consensus among previous examples here on VJ of this specific topic is A) Refrain from any type of ceremony that could imply marriage has already occurred (legally or culturally) or B) If you have already gone through said ceremony, as in your situation, wait until you can go visit next and get married there, then opt for a spousal visa instead. I know you just got back, but unfortunately these are the obstacles of the immigration process...sometimes you get caught between a rock and a hard place and neither option sounds quite ideal.

[Mayi & MiMi 172]

Need to chime in for a moment but I dont think that a formal engagement party counts as a marriage ceremony, i think that it was just a way to say hey we have decided to get married and we wanted everyone to know.  A lot of families share that and get together to wish the two the best by throwing a party.  If there was no religious party to "marry" them (like an imam, qazi or madhun) then how is it considered a marriage? Was there any type of signing of a contract? Vows and blessings?

 

 

[GreatDane 366]

6 minutes ago, Mayi & MiMi said:

Need to chime in for a moment but I dont think that a formal engagement party counts as a marriage ceremony, i think that it was just a way to say hey we have decided to get married and we wanted everyone to know.  A lot of families share that and get together to wish the two the best by throwing a party.  If there was no religious party to "marry" them (like an imam, qazi or madhun) then how is it considered a marriage? Was there any type of signing of a contract? Vows and blessings?

 

 

USCIS doesn't need for there to be a legal or religious ceremony to consider them too married for a K1 and not married enough for a CR1. Having any type of ceremony gives officers a preponderance of doubt and that's enough. There are a lot of cases on VisaJourney where couples have had a promise ceremony to family tea welcoming and getting rejected. If it wasn't religious or legal and there was a ceremony type appearance, USCIS might count it as too married for a K1. Since there isn't a legal/religious paper trail, they also can't apply for a CR1.

They are still able to move forward with a K1, they should just be aware of the risks. 

[Dianalorena 1,153]

Hi there! It seems like you have two options, like others have mentioned: 

1. You can file for the K1 as intended (a few months less, but more expensive) and risk being denied because of USCIS thinking you are ''too married'' since you had a big engagement party. Also consider that if you get denied you can't appeal a K1, it goes back and expires, and you have to start all over (pay again/file again) or in this case many people get married and do option number two: 

 

2. Get married and file for the CR1. It will take around 4-6 more months (depending on the service center, backlog, if you get RFEs etc)  but the benefits are: you don't need to adjust status in the U.S. Less money. No waiting period of 90 days without working/traveling. You can get married on your own terms in a different country. If you get denied, you can appeal and the case might be sent back for reconsideration. 

 

My personal opinion is that the CR1 is superior to the K1. The end game of the K1 is to get married anyway, (it is not a ''let's see if it works'' VISA like some people think, it is for when you're absolutely sure you are getting married) a lot choose this option instead just because it does take less time and they don't want to be apart from their loved ones, I mean who does?  but the extra money, not working for three months  and  extra bureaucratic steps seem like too much of a hassle to me.

Of course it is completely up to you! and ultimately what you think its best. Good luck!