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MrCIA

Sticky K1 situation

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Hello All,

 

Let me start off by acknowledging ignorance is no excuse: I filed for a K1 VISA this summer and expect our NOA2 here shortly. I was a bit green to the whole process back then and now find myself in some tension. See.. my Fiance and I had a Christian "ceremony" about 4 months after K1 submission for the sake/demands of her family and friends in the foreign country. This was unexpected at the time of submission but, the circumstances threatened our future relationship if I didn't participate. I'm becoming very concerned that this will be interpreted as us having married (which objectively, I would too). This in by no means was intended to be fraudulent in-terms of the K1 and I still intend to do a civil marriage in US which I will consider our "true" marriage. My IL-timed research suggests we are potentially at risk for denial.

 

With all due respect, I don't want to get much further into the details of the situation the led to that ceremony nor the fact that we are indeed "at risk for denial". More so in solution mode at this point. All social media accounts will be deleted and other measures will be taken to not allow this misinterpretation to take place however, I'm curious if this often helpful group has any other insight or suggestions on how to get my love here ASAP without delay.

 

 

Thank you,

Edited by MrCIA
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Filed: Citizen (apr) Country: Nigeria
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  First off deleting doe not make it go away .   If you are from a country where they are likely to check on things , how can you zip the mouths of all the people that attended ? 

This will not be over quickly. You will not enjoy this.

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Filed: K-1 Visa Country:
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You had religious ceremony but did you sign legal papers that bind your marriage by law? If you are not legally married, ie with a marriage certificate, you are not married. End of story. 

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Filed: IR-1/CR-1 Visa Country: Honduras
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I lean towards it not making a difference.  If the ceremony wouldn't qualify you for a CR1 visa then it isn't legal and doesn't obviate your K1.  If you don't have a marriage certificate, there's no real marriage date. 

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I'll refer to this very recent thread for the OP to review. While this is about the Philippines, the overall discussion is more general.

 

And a fairly recent thread about a couple denied a K-1 for an unofficial ceremony (which didn't even happen yet at the time), in which they subsequently needed to legally marry and do a CR-1 instead:

 

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: IR-1/CR-1 Visa Country: Honduras
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4 hours ago, NuestraUnion said:

 

 

This isn't true for certain countries or regions. This is a very Western way of thinking. You have to have a global mindset when dealing with immigration. Local traditions and cultural norms can outweigh a document.

 

There are places where couples can be married without registering anything. They can be considered married by a priest and a dowry given to the bride's family. This is, however, dependent on location. Since the OP never mentioned a country and doesn't have a timeline filled out it is hard to know if this will  be a definite issue. @geowrian posted examples on how this can be an issue.

 

The second issue is that if there is any evidence discovered by a CO that a ceremony has taken place, how are they going to prove they are NOT married? In some regions, a religious ceremony trumps a court/registered wedding.

 

Again, we don't know where this ceremony took place so it could or could not be an issue.

 

BTW, here are a couple more threads from members of VJ who had their K1 visa denied because of ceremonies....

 

It's western thinking and the documentation required is for a western country.  To get a CR1 you have to show a marriage certificate...an actual legal document.  I can't fathom a CO declaring someone married without a document that would work as a CR1 qualifier.   The instructions demand a legal marriage certificate, nothing else.

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Filed: Citizen (apr) Country: Nigeria
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  In Nigeria it happens all the time. People get denied K1's for traditional marriages ( which aren't legal according to Nigerian marriage law but are recognized by almost all the tribes )  and even just having paid bride price without the ceremony. 

This will not be over quickly. You will not enjoy this.

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Filed: Other Country: Saudi Arabia
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10 hours ago, MrCIA said:

Hello All,

 

Let me start off by acknowledging ignorance is no excuse: I filed for a K1 VISA this summer and expect our NOA2 here shortly. I was a bit green to the whole process back then and now find myself in some tension. See.. my Fiance and I had a Christian "ceremony" about 4 months after K1 submission for the sake/demands of her family and friends in the foreign country. This was unexpected at the time of submission but, the circumstances threatened our future relationship if I didn't participate. I'm becoming very concerned that this will be interpreted as us having married (which objectively, I would too). This in by no means was intended to be fraudulent in-terms of the K1 and I still intend to do a civil marriage in US which I will consider our "true" marriage. My IL-timed research suggests we are potentially at risk for denial.

 

With all due respect, I don't want to get much further into the details of the situation the led to that ceremony nor the fact that we are indeed "at risk for denial". More so in solution mode at this point. All social media accounts will be deleted and other measures will be taken to not allow this misinterpretation to take place however, I'm curious if this often helpful group has any other insight or suggestions on how to get my love here ASAP without delay.

 

 

Thank you,

Which country?

 

Curious?  Why didn't you just get married?  It's easier to run an I130 through than go through the proof of K1.

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Thank you all for the replies. Many have same mindset as me not seeing this as marriage however, the reality is the consulate will.

 

Question on my mind is how to a avoid the misunderstanding? I'm researching the vetting process and understand we will be walking a fine line: Walking this line will not include any fraud as I would not risk a perma ban. 

- No mention of ceremony (obviously)

- No mention of my family traveling to meet beneficiary's family/ ceremony

- Social media accounts to be deleted/ sterilized to the greatest extent possible

- Beneficiary to be coached on how to answer common interview questions in a truthful but general fashion. 

 

 

Any other input from those smarter and/or more experienced than I?

 

 

 

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Filed: Citizen (apr) Country: Brazil
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6 minutes ago, MrCIA said:

Thank you all for the replies. Many have same mindset as me not seeing this as marriage however, the reality is the consulate will.

 

Question on my mind is how to a avoid the misunderstanding? I'm researching the vetting process and understand we will be walking a fine line: Walking this line will not include any fraud as I would not risk a perma ban. 

- No mention of ceremony (obviously)

- No mention of my family traveling to meet beneficiary's family/ ceremony

- Social media accounts to be deleted/ sterilized to the greatest extent possible

- Beneficiary to be coached on how to answer common interview questions in a truthful but general fashion. 

 

 

Any other input from those smarter and/or more experienced than I?

 

 

 

Not much you can do without a time machine.

If you get denied, you can still file a CR-1.

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