What would you do? K3 129F approved by USCIS but foreign consulate denying visa

[busta_busta 0]

I am a U.S. citizen and married to a U.K. citizen. We applied for a K-3 visa which was approved via a 129F. Once the application was forwarded to the consulate in London, they are saying the marriage is not a civil marriage. We had a religious ceremony performed and were misinformed that it would serve as both a civil and religious marriage. So basically, USCIS approved my petition but the consulate has denied the visa.

I went to the local USCIS office to speak with an immigration officer. She informed me that if my K-3 is denied I can re-apply for the K-1. Reapplying would involve doing a 129F over again and having to wait through the whole process. We would then have a ceremony in the U.S. once she comes over on a K1.

However, she told me a better option would be to have her come on a visa waiver, get married immiediately via court marriage. Then file an I-130, I-485, and travel and employment authorization the last 2 are optional. She said I that my wife would be able to stay in the country while this applications are being processed.

I'm evaluating my options, she did indicate that questions would arise during the interview but that being a U.S. citizen there shouldn't be any issues.

Any advice? I'm of course weary about either route.

[YuAndDan 153]

I think you have a bigger 'nut to crack'... since you should be addressing (rebutting) as well, the reasons the K3 was denied. The denial is on the books; why will their mind change the second time? You should try to get that into the petition so USCIS approves it. If your visa petition was returned to USCIS you need to address it.

This quote tends to have to do with K-1 denied then thinking forgetting about the denied visa and filing for a different one will get around the denial. It applies in reverse.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

http://www.ilw.com/articles/2006,0323-ellis.shtm

[busta_busta 0]

I think you have a bigger 'nut to crack'... since you should be addressing (rebutting) as well, the reasons the K3 was denied. The denial is on the books; why will their mind change the second time? You should try to get that into the petition so USCIS approves it. If your visa petition was returned to USCIS you need to address it.

This quote tends to have to do with K-1 denied then thinking forgetting about the denied visa and filing for a different one will get around the denial. It applies in reverse.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

http://www.ilw.com/articles/2006,0323-ellis.shtm

My K3 is being denied on the basis of not having a legally recognized marriage in the U.K. And that rather a K-1 is more appropriate. However, the immigration officer at the local USCIS indicated that going through the K1 process would take time and that coming on a visa waiver and proceeding with a new application is acceptable. Just wondering if anyone else has had a similar experience.

[blueblue 0]

I am a U.S. citizen and married to a U.K. citizen. We applied for a K-3 visa which was approved via a 129F. Once the application was forwarded to the consulate in London, they are saying the marriage is not a civil marriage. We had a religious ceremony performed and were misinformed that it would serve as both a civil and religious marriage. So basically, USCIS approved my petition but the consulate has denied the visa.

I went to the local USCIS office to speak with an immigration officer. She informed me that if my K-3 is denied I can re-apply for the K-1. Reapplying would involve doing a 129F over again and having to wait through the whole process. We would then have a ceremony in the U.S. once she comes over on a K1.

However, she told me a better option would be to have her come on a visa waiver, get married immiediately via court marriage. Then file an I-130, I-485, and travel and employment authorization the last 2 are optional. She said I that my wife would be able to stay in the country while this applications are being processed.

I'm evaluating my options, she did indicate that questions would arise during the interview but that being a U.S. citizen there shouldn't be any issues.

Any advice? I'm of course weary about either route.

Technically, entering on VWP with intent to immigrate is visa fraud and can have bad consequences. How often or likely they are to accuse you of that, I don't know. It is a risk, the worst case scenario being the adjustment is denied, your wife is deported and you have to start all over again, this time with a waiver for misrepresentation.

Where did you marry? Just because it was a religious ceremony doesn't necessarily mean it wasn't a valid marriage, why exactly do they think it isn't valid? Was a license or registration of some kind required to make it official, but not obtained? What did you send in with your I129F to show you were married?

[busta_busta 0]

I am a U.S. citizen and married to a U.K. citizen. We applied for a K-3 visa which was approved via a 129F. Once the application was forwarded to the consulate in London, they are saying the marriage is not a civil marriage. We had a religious ceremony performed and were misinformed that it would serve as both a civil and religious marriage. So basically, USCIS approved my petition but the consulate has denied the visa.

I went to the local USCIS office to speak with an immigration officer. She informed me that if my K-3 is denied I can re-apply for the K-1. Reapplying would involve doing a 129F over again and having to wait through the whole process. We would then have a ceremony in the U.S. once she comes over on a K1.

However, she told me a better option would be to have her come on a visa waiver, get married immiediately via court marriage. Then file an I-130, I-485, and travel and employment authorization the last 2 are optional. She said I that my wife would be able to stay in the country while this applications are being processed.

I'm evaluating my options, she did indicate that questions would arise during the interview but that being a U.S. citizen there shouldn't be any issues.

Any advice? I'm of course weary about either route.

Technically, entering on VWP with intent to immigrate is visa fraud and can have bad consequences. How often or likely they are to accuse you of that, I don't know. It is a risk, the worst case scenario being the adjustment is denied, your wife is deported and you have to start all over again, this time with a waiver for misrepresentation.

Where did you marry? Just because it was a religious ceremony doesn't necessarily mean it wasn't a valid marriage, why exactly do they think it isn't valid? Was a license or registration of some kind required to make it official, but not obtained? What did you send in with your I129F to show you were married?

Thanks for the reply. I was surprised at the option of the VWP and then filing, but it was at the suggestion of the immigration officer at the local USCIS office. We were married in London, UK. I found out only a few days ago that a recognized civil marriage has to be done in the presence of an officer from the general register's office. I sent in the marriage certificate I received from the local place of worship where we were married. Apparently it was enough for USCIS but not for the foreign consulate.

While the VWP option may not be ideal, it may actually be a better option for us rather than applying for a K-1. With the VWP work authorization could be obtained much faster than going through the K-1 process again. Complicating matters is the fact that my wife is a pharmacist in the U.K. and there are several hoops to jump through to transfer a pharmacy degree in the U.S. In addition to multiple exams, approximately 10 months of supervised work is required. Therefore, I'm thinking of making a few trips back to the USCIS office and making sure that we can pursue this option with minimal problems.

[billsafari 0]

The only legal way to marry on the VWP is to do a "spur of the moment" wedding. If you come on the VWP with intentions to marry this would be fraud. They will deny you and probably ban the SO for 10 years. Since you already applied and were denied a K-3, it is obvious a wedding or thought of marrying was not "spur of the moment". They will see this from a mile away. Dont do it!!

I would call and ask if you got legally married ASAP would they accept that certificate. Maybe since it was a honest mistake thay may allow it? It's worth a call.

To do a "spur of a moment" (which is legal) wedding is a relatively easy lie since they cannot prove otherwise. Many people do it successfully. But in your case it could be dangerous. They could be sympathetic to your case and approve it and only fine you or, to the other extreme, deny you and ban. You dont know who and what mood the interviewer is going to be in.

[blueblue 0]

Thanks for the reply. I was surprised at the option of the VWP and then filing, but it was at the suggestion of the immigration officer at the local USCIS office. We were married in London, UK. I found out only a few days ago that a recognized civil marriage has to be done in the presence of an officer from the general register's office. I sent in the marriage certificate I received from the local place of worship where we were married. Apparently it was enough for USCIS but not for the foreign consulate.

While the VWP option may not be ideal, it may actually be a better option for us rather than applying for a K-1. With the VWP work authorization could be obtained much faster than going through the K-1 process again. Complicating matters is the fact that my wife is a pharmacist in the U.K. and there are several hoops to jump through to transfer a pharmacy degree in the U.S. In addition to multiple exams, approximately 10 months of supervised work is required. Therefore, I'm thinking of making a few trips back to the USCIS office and making sure that we can pursue this option with minimal problems.

I know it is temping to go with something a supposed officer told you, especially when it sounds so easy. However, if it goes wrong, it won't matter who made the suggestion. You and your wife will be the ones suffering the penalties. As I mentioned, the worse case scenario is very ugly and will result in a BIG, costly and long disruption in your lives. Also, the ban for misrep is permanent, not 10 years as previously suggested. The only way around it is filing for a waiver. London is in the top 2 places if you have to file a waiver, but if you can avoid it - which you can here, that is even much better.

I would spend a bit more time just to make sure that your marriage is truly not valid in UK. If the marriage authorities told you that, then they should know. But if it was only the consulate who said it, then I would double check, they can and do make mistakes. Here is a webpage that lists what is involved in getting married in UK whether a civil or religious ceremony. Most religious marriage officiators can perform legal, valid marriages. What religion did you get married in? Here is the link: http://www.weddingguide.co.uk/articles/leg...nglandwales.asp

[Bobbie 1]

Maybe I am being stupid, but why not go get married again? A true civil =recognized wedding

[blueblue 0]

Maybe I am being stupid, but why not go get married again? A true civil =recognized wedding

K-3 requires that the couple is married at the time the I129F petition is filed. Getting married after the fact won't resolve the problem. If the marriage certificate indicates a marriage date after the date of the petition, they will need to file a new petition after the marriage.

[pushbrk 12,243]

Thanks for the reply. I was surprised at the option of the VWP and then filing, but it was at the suggestion of the immigration officer at the local USCIS office. We were married in London, UK. I found out only a few days ago that a recognized civil marriage has to be done in the presence of an officer from the general register's office. I sent in the marriage certificate I received from the local place of worship where we were married. Apparently it was enough for USCIS but not for the foreign consulate.

While the VWP option may not be ideal, it may actually be a better option for us rather than applying for a K-1. With the VWP work authorization could be obtained much faster than going through the K-1 process again. Complicating matters is the fact that my wife is a pharmacist in the U.K. and there are several hoops to jump through to transfer a pharmacy degree in the U.S. In addition to multiple exams, approximately 10 months of supervised work is required. Therefore, I'm thinking of making a few trips back to the USCIS office and making sure that we can pursue this option with minimal problems.

I know it is temping to go with something a supposed officer told you, especially when it sounds so easy. However, if it goes wrong, it won't matter who made the suggestion. You and your wife will be the ones suffering the penalties. As I mentioned, the worse case scenario is very ugly and will result in a BIG, costly and long disruption in your lives. Also, the ban for misrep is permanent, not 10 years as previously suggested. The only way around it is filing for a waiver. London is in the top 2 places if you have to file a waiver, but if you can avoid it - which you can here, that is even much better.

I would spend a bit more time just to make sure that your marriage is truly not valid in UK. If the marriage authorities told you that, then they should know. But if it was only the consulate who said it, then I would double check, they can and do make mistakes. Here is a webpage that lists what is involved in getting married in UK whether a civil or religious ceremony. Most religious marriage officiators can perform legal, valid marriages. What religion did you get married in? Here is the link: http://www.weddingguide.co.uk/articles/leg...nglandwales.asp

I concur. Here's something I haven't seen addressed and from your original post I take it you don't understand.

USCIS does not approve or deny visas. The Dept. of State does. USCIS approved your petition. You petitioned for the privilege of having your wife apply to the Dept. of State for a visa. Visa fraud is in the realm of DOS, not USCIS. The USCIS person is leading you astray. If you follow the VWP then AOS advice, your prior K3 filing and denial is clear evidence you had intent to marry and circumvent US immigration law. I strongly caution you against doing it because the potential consequences are grave. There is no spur of the moment marriage for people who have already been denied a spouse visa.

I agree you need to research your marriage situation. Perhaps you simply provided the wrong certificate or failed to obtain the correct legal one. I'm not familiar with marriage in the UK but since US laws are patterned after those in the UK to begin with, I expect your UK clergyman can perform a legal marriage. Often it takes time to obtain the correct certificate. Perhaps you need to request it from a government office.

[homesick_american 1]

I agree you need to research your marriage situation. Perhaps you simply provided the wrong certificate or failed to obtain the correct legal one. I'm not familiar with marriage in the UK but since US laws are patterned after those in the UK to begin with, I expect your UK clergyman can perform a legal marriage. Often it takes time to obtain the correct certificate. Perhaps you need to request it from a government office.

She should be able to request a marriage certificate from her local registry office in the UK. She should have been provided with a marriage certificate at or very soon after her wedding. Churches generally forward registry books to the Registrar General a few times a year, or at least they used to.

If her marriage is actually a legal marriage in the UK, she should not actually have trouble obtaining the proper document.

30 seconds with Google yielded:

http://www.gro.gov.uk/gro/content/marriage...cates/index.asp

OP, go to the above and GET THE CERTIFICATE.

[homesick_american 1]

I am a U.S. citizen and married to a U.K. citizen. We applied for a K-3 visa which was approved via a 129F. Once the application was forwarded to the consulate in London, they are saying the marriage is not a civil marriage. We had a religious ceremony performed and were misinformed that it would serve as both a civil and religious marriage. So basically, USCIS approved my petition but the consulate has denied the visa.

http://www.gro.gov.uk/gro/content/marriage...cates/index.asp

Go here. If they don't have a record of your marriage, then the US govt won't recognize it. If they do, then get a copy of your marriage certificate. I don't know how you can appeal a denial or IF you can appeal a denial. I think the people in the Waivers forum may know a bit more about that.

Good luck.

[busta_busta 0]

I am a U.S. citizen and married to a U.K. citizen. We applied for a K-3 visa which was approved via a 129F. Once the application was forwarded to the consulate in London, they are saying the marriage is not a civil marriage. We had a religious ceremony performed and were misinformed that it would serve as both a civil and religious marriage. So basically, USCIS approved my petition but the consulate has denied the visa.

http://www.gro.gov.uk/gro/content/marriage...cates/index.asp

Go here. If they don't have a record of your marriage, then the US govt won't recognize it. If they do, then get a copy of your marriage certificate. I don't know how you can appeal a denial or IF you can appeal a denial. I think the people in the Waivers forum may know a bit more about that.

Good luck.

Thank you all for very thoughtful replies. We were married in a muslim ceremony. I contacted the local registry office in the borough (county) we were married in. They informed me, the mosque we were married in is not registered to perform civil marriages. Basically, I was supposed to have a clerk from the registry office attend the ceremony and give us a "long green marriage certificate"

I called the foreign consulate asking if since we had an approved 129F if they could just use that approval to issue a K1. They said they're not allowed to do that, and that I need to apply for a K1.

After reading the posts in the forum, and non-stop thinking about the subject I just dont have the guts to go through a VWP marriage. Had I not applied for K3 then it would be a different story. But I agree, red flags will be abound.

Instead, I'll just have her come over for a 1 month visit when she is free in September. She'll go back for the month of October and I'll visit her during the last week in October. I am then hoping she has the K1 by then, if not she'll come over again (this time I'll be with her on the return flight) on the VWP for November and December. She is a pharmacist in the UK and needs to take a foreign equivalency exam which is only offerred twice a year in June and December. By the time she returns to the UK by the end of December, she should hopefully be up for the interview by then. I know its a matter of proving ties back to the UK in terms of employement letter, and other documents.

It really is disheartening to be so close to obtaining the visa, but so far away at the same time. Thank you all for the comments, any other advice is much appreciated.

[homesick_american 1]

Thank you all for very thoughtful replies. We were married in a muslim ceremony. I contacted the local registry office in the borough (county) we were married in. They informed me, the mosque we were married in is not registered to perform civil marriages. Basically, I was supposed to have a clerk from the registry office attend the ceremony and give us a "long green marriage certificate"

Yep, you were. Oops!

I called the foreign consulate asking if since we had an approved 129F if they could just use that approval to issue a K1. They said they're not allowed to do that, and that I need to apply for a K1.

That's true. They need to get paid again.

After reading the posts in the forum, and non-stop thinking about the subject I just dont have the guts to go through a VWP marriage. Had I not applied for K3 then it would be a different story. But I agree, red flags will be abound.

The way it's said to work is your SO can come to the USA and you can get married, but then she has to go home. If she has a K-1, she can remain in the USA while she adjusts status. Apparently it's a giant PITA.

Instead, I'll just have her come over for a 1 month visit when she is free in September. She'll go back for the month of October and I'll visit her during the last week in October. I am then hoping she has the K1 by then, if not she'll come over again (this time I'll be with her on the return flight) on the VWP for November and December. She is a pharmacist in the UK and needs to take a foreign equivalency exam which is only offerred twice a year in June and December. By the time she returns to the UK by the end of December, she should hopefully be up for the interview by then. I know its a matter of proving ties back to the UK in terms of employement letter, and other documents.

She can visit, but there's always a chance she'll be turned away.

It really is disheartening to be so close to obtaining the visa, but so far away at the same time. Thank you all for the comments, any other advice is much appreciated.

I'm assuming you're going through a US-based service center. If you want a K-1 by December, I'd get jumping right now.