K1 visa denied, next course of action?

[kemm360 144]

10 hours 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?

The CO does not know all these you are saying. They cant give you a K1 while you are married, when you get here, how do you intend to change status when you were already married before the visa was even issued. She saved you a big stress and you should thank that CO imo!

Edited November 16, 2018 by kemm360

[CG2020 5]

There are so many cases K1 denied because of having religious wedding ceremony. When CO refused visa did they gave you any refusal letter? if visa is only refused on 221(g) than there is nothing to worry about. If CO has marked refusal under 212(a)(6)(C)(i), then only you are charged with misrepresentation. If 212(a)(6)(C)(i) is not marked then In the CO eyes you are too married for K1 and not enough married for CR1 visa. Simply  register your legal official marriage in registrar office or in court and file I130 petition for CR1. It happens to lot of couples and you are NOT ALONE.  

Edited November 16, 2018 by CG2020

[Boiler 43,595]

2 minutes ago, CG2020 said:

There are so many cases K1 denied because of having religious weeding ceremony. When CO refused visa did they gave you any refusal letter? if visa is only refused on 221(g) than there is nothing to worry about. If CO has marked refusal under 212(a)(6)(C)(i), then only you are charged with misrepresentation. If 212(a)(6)(C)(i) is not marked then In the CO eyes you are too married for K1 and not enough married for CR1 visa. Simply  register your legal official marriage in registrar office or in court and file I130 petition for CR1. It happens to lot of couples and you are NOT ALONE.  

Most unlikely they would have done that at this point in time.

[Action1 2]

9 minutes ago, Boiler said:

Most unlikely they would have done that at this point in time.

They will. Standard refusal letter will have 212(a) option. If its misrepresentation, then they will mark that line. 

[Boiler 43,595]

Not relevant, they refused them for being married and applying for a K1.

[Action1 2]

4 minutes ago, Boiler said:

Not relevant, they refused them for being married and applying for a K1.

Please refer to the attached refusal letter. They is how CO will refuse with one or more of the options.

[geowrian 22,336]

1 minute ago, Action1 said:

Please refer to the attached refusal letter. They is how CO will refuse with one or more of the options.

Eligibility for the visa versus inadmissibility.

The OP was not eligible for the visa as he was already married. Therefore, they never got to the misrepresentation inadmissibility.

[Action1 2]

2 minutes ago, geowrian said:

The OP was not eligible for the visa as he was already married. Therefore, they never got to the misrepresentation inadmissibility.

Ok. Just trying to help out here. You mean they can still be charged with Misrepresentation even though CO didn't marked in 212(a).....   ?

[geowrian 22,336]

5 minutes ago, Action1 said:

Ok. Just trying to help out here. You mean they can still be charged with Misrepresentation even though CO didn't marked in 212(a).....   ?

Yes.

Additionally, they could have a finding of misrepresentation later even if they hadn't noticed it at the time.

Edit: To put it another way, they aren't required to catch or call out the misrepresentation at the first opportunity. If they miss it but somebody else notices it later, the bar still applies.

Edited November 16, 2018 by geowrian

[Illiria 980]

10 hours ago, geowrian said:

To put it another way, they aren't required to catch or call out the misrepresentation at the first opportunity. If they miss it but somebody else notices it later, the bar still applies

This - there have been cases where they have figured out misrepresentation after the person has been granted citizenship and gave then taken it all away as the very first visa shouldn’t have been issued due to a missrep 

[Action1 2]

On 11/15/2018 at 11:07 PM, geowrian said:

Yes.

 Additionally, they could have a finding of misrepresentation later even if they hadn't noticed it at the time.

 Edit: To put it another way, they aren't required to catch or call out the misrepresentation at the first opportunity. If they miss it but somebody else notices it later, the bar still applies.

what I understand here is Fiancee visa and Spouse visa are there for reason. Its not what Couple choose to take which visa should they go for. it all about which CATEGORY couple fit in for Visa and take the right choice. Once couple accept they are married to one another or have signed anywhere saying that they are married, it means couple are Married in the eye of counselor officer. Counselor officer will Not and THEY cannot issue Fiancee visa when couple showcase that they are married in some forms. As there are rules and guidelines counselor officer has to go through as well in terms of visa category.Thanks geowrian for making it clear.

Edited November 17, 2018 by Action1