K1 visa denied, next course of action?

[AKR 6]

17 minutes ago, Bill & Katya said:

Please excuse my ignorance, but is the nikah document a legal marriage certificate in Pakistan?  If not, then you will need to do a legal wedding then file the CR1, and it should be easy to explain when the CR1 interview comes around.

No sir, nikah without registeration in council office is not legal. With registeration it becomes legal. And mine was registered. Because registered nikah only has its worth. But as i said, it serves merely as a promise that u will actually marry each other in later dates which occured in march. 

But we didnt stop k1 or reapplied a cr1 after march which could be used against us as fraudlent. 

Im seeking a solution now.

[debbiedoo 2,339]

4 minutes ago, K A R said:

No, US embassy doesnt have any record to prove us married

you're delusional if you think they don't/didn't know.

 

lying on the ds 160 is what might cause you problems.

 

get your stuff straight and file CR1. that is your ONLY OPTION and be TOTALLY HONEST about EVERYTHING.

[AKR 6]

21 minutes ago, jakejon said:

There’s a good point here! What exactly did you write as your status on your DS-160? Did you say you were single? 

Yes we did say single but we were married by then. So somehow there is an attempt to hide facts. Solution?

[Lemonslice 4,566]

5 minutes ago, K A R said:

No sir, nikah without registeration in council office is not legal. With registeration it becomes legal. And mine was registered. Because registered nikah only has its worth. But as i said, it serves merely as a promise that u will actually marry each other in later dates which occured in march. 

But we didnt stop k1 or reapplied a cr1 after march which could be used against us as fraudlent. 

Im seeking a solution now.

It's still considered a religious wedding. Too married for a fiancé visa.  

 

Register your religious wedding and file for a spouse visa.  Nothing special or complicated. 

 

 

[jakejon 1,196]

3 minutes ago, debbiedoo said:

you're delusional if you think they don't/didn't know.

 

lying on the ds 160 is what might cause you problems.

 

get your stuff straight and file CR1. that is your ONLY OPTION and be TOTALLY HONEST about EVERYTHING.

I agree totally with this comment-the Embassy know you are married! I don’t mean to sound disrespectful but if you do the CR-1 route you are definately going to need a good attorney to get you through. You also need to research more. 

[AKR 6]

4 minutes ago, debbiedoo said:

you're delusional if you think they don't/didn't know.

 

lying on the ds 160 is what might cause you problems.

 

get your stuff straight and file CR1. that is your ONLY OPTION and be TOTALLY HONEST about EVERYTHING.

Yes i will. But my problem persists, wouldnt it provide them documentary evidence against me if i show my nikah paper of january, wouldnt they charge me with visa fraud at first instance? Though i can explain that nikah was just a religious way of commitment. And yes ds160 was mispresented. Solution to that?

[NYCruiser 423]

28 minutes ago, K A R said:

Some folks are accusing me of misrepresentation by saying that i did nikah(which is religious form of wedding but if the women is not sent to live with husband, we dont call it wedding unless the couple start living together)

 

CO suggested cr1 but also added said that it will affect my future application. He meant that i made a deliberate choice of k1 while i was already married. But our actual marriage took place in march and we were unaware of the fact must to stop k1 if u marry during the process.

So the date on nikah(religious marriage only) paper is january while the k1 was filed in february. Wouldnt it be providing them proof to charge me with visa fraud?

You are missing the point my friend.

Your fiance applied formally for a K1 Visa using DS-160. Correct? Input in the form was single. You can only fill out the K1 DS-160 AFTER approval of the petition because you enter the application number.

 

During the waiting for the approval of the petition, you two got married. Correct so far? YET the K1 application has single. That would be a material misrepresentation my friend...ie yes..fraud. 

What you are asking for people on this site to say it is ok? OR not telling USCIS you are married? 

[Ben&Zian 4,397]

You were not deemed necessarily as married; but, with them knowing of the "engagement party" or "ceremony", you were deemed as "too married" for the K-1 visa but you still aren't technically married so, you have to finalize it all legally. There won't be any fraud claims or anything, this happens a lot I know. Just marry legally, and file for the CR-1.

[AKR 6]

6 minutes ago, jakejon said:

I agree totally with this comment-the Embassy know you are married! I don’t mean to sound disrespectful but if you do the CR-1 route you are definately going to need a good attorney to get you through. You also need to research more. 

Yes i agree. And i am sure there would be more hardships in my way now. But would you kindly elaborate how embassy knows that we were married? Just by viewing a staged picture with floral decor?

[jakejon 1,196]

Oh this gets worse! So you filed AFTER your Nikah?? So you basically filed for a Fiancé visa when you knew you were already married?! 

 

 

[AKR 6]

6 minutes ago, NYCruiser said:

You are missing the point my friend.

Your fiance applied formally for a K1 Visa using DS-160. Correct? Input in the form was single. You can only fill out the K1 DS-160 AFTER approval of the petition because you enter the application number.

 

During the waiting for the approval of the petition, you two got married. Correct so far? YET the K1 application has single. That would be a material misrepresentation my friend...ie yes..fraud. 

What you are asking for people on this site to say it is ok? OR not telling USCIS you are married? 

You need to review my comments. Nowhere i said that it wont be considered as visa fraud. I am seeking solution. And you are telling me the problem which i quoted in my very first comment myself.

[abum 324]

1 minute ago, jakejon said:

Oh this gets worse! So you filed AFTER your Nikah?? So you basically filed for a Fiancé visa when you knew you were already married?! 

 

 

some people think the ceremony did not carry any weight until it is registered/reported to the authority - technically they are not married - nothing bounded them together in the eyes of the law of the land.

 

Some muslim majority countries consider NIKAH as a legally bound ceremony - and you have to file paperworks if you participate in such ceremonies. 

[AKR 6]

4 minutes ago, Ben&Zian said:

You were not deemed necessarily as married; but, with them knowing of the "engagement party" or "ceremony", you were deemed as "too married" for the K-1 visa but you still aren't technically married so, you have to finalize it all legally. There won't be any fraud claims or anything, this happens a lot I know. Just marry legally, and file for the CR-1.

 

5 minutes ago, Ben&Zian said:

You were not deemed necessarily as married; but, with them knowing of the "engagement party" or "ceremony", you were deemed as "too married" for the K-1 visa but you still aren't technically married so, you have to finalize it all legally. There won't be any fraud claims or anything, this happens a lot I know. Just marry legally, and file for the CR-1.

Thank you,appreciate your reply but you overlooked my post. 

[JJ89 13]

4 minutes ago, K A R said:

You need to review my comments. Nowhere i said that it wont be considered as visa fraud. I am seeking solution. And you are telling me the problem which i quoted in my very first comment myself.

1. Is nikkah legal marriage in Pakistan? Is it symbolic marriage? Or is it the U.s. equivalent to an engagement party? 

2. Did you get married to her outside of Nikkah ceremony?

 

I think the issue here is whether you are really married or not. Im confused. 

Edited November 15, 2018 by JJ89

[jakejon 1,196]

1 minute ago, abum said:

some people think the ceremony did not carry any weight until it is registered/reported to the authority - technically they are not married - nothing bounded them together in the eyes of the law of the land.

 

Some muslim majority countries consider NIKAH as a legally bound ceremony - and you have to file paperworks if you participate in such ceremonies. 

Ah gotcha! So does NIKAH always have to be reported to the authorities for it to be legally binding as a legal marriage? Sorry, just fascinated!