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K1 visa approved but not received. Do we get divorced?

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Hey Everyone,

 

I'm new to this forum and I'd like to get some insight on our case issue.

 

Basically, we were engaged to be married and after a long long time waiting on Administrative Processing after the visa was approved (more than 2 years) with no hope for the visa to be issued, we decided to get legally married a few months back and stay in Egypt.

 

A few days ago I received a call from the embassy saying your K1 visa will be issued after you send a new medical and the passport.

Here's my question:

Before getting the new medical, or sending my passport,

1. Should we legally divorce first then continue with the process and get the medical and send it to the embassy? I'm thinking that this will technically make us "free to marry", and avoid us the issues with misrepresentation. Is this true?

OR

2. Will we need to simply send a letter to the embassy to withdraw instead and reapply for a CR1/IR1, and wait another year, or more again?

 

Please, help us find the proper answer to this dilemma.

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1 hour ago, AMS13 said:

Hey Everyone,

 

I'm new to this forum and I'd like to get some insight on our case issue.

 

Basically, we were engaged to be married and after a long long time waiting on Administrative Processing after the visa was approved (more than 2 years) with no hope for the visa to be issued, we decided to get legally married a few months back and stay in Egypt.

 

A few days ago I received a call from the embassy saying your K1 visa will be issued after you send a new medical and the passport.

Here's my question:

Before getting the new medical, or sending my passport,

1. Should we legally divorce first then continue with the process and get the medical and send it to the embassy? I'm thinking that this will technically make us "free to marry", and avoid us the issues with misrepresentation. Is this true?

OR

2. Will we need to simply send a letter to the embassy to withdraw instead and reapply for a CR1/IR1, and wait another year, or more again?

 

Please, help us find the proper answer to this dilemma.

2


YMMV

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1 hour ago, AMS13 said:

Thanks, @payxibka

but what is the reasoning behind not choosing 1 ?

I can think of 2 reasons- 1 is that u already became ineligible for a K1 under consideration, there is no undo button there. 2 is so u get divorced and your k1 is denied, then u think remarrying  each other and applying for CR1  and it will be smooth - probably not.

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17 minutes ago, TandSarahJane said:

I can think of 2 reasons- 1 is that u already became ineligible for a K1 under consideration, there is no undo button there. 2 is so u get divorced and your k1 is denied, then u think remarrying  each other and applying for CR1  and it will be smooth - probably not.

I think this a very unique perspective on this, thank you for that. However, I do think there is more to it.

They did say it was approved, it's just not "printed out" yet.

That being said, assuming it will get issued without a problem, would the first option be viable still? That's the question.

Thanks.

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56 minutes ago, AMS13 said:

I think this a very unique perspective on this, thank you for that. However, I do think there is more to it.

They did say it was approved, it's just not "printed out" yet.

That being said, assuming it will get issued without a problem, would the first option be viable still? That's the question.

Thanks.

Did you say you were married when you filled out and signed the K-1?

I think not.

that's why Door #1 will not work. 

Good luck/

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2 minutes ago, wxman22 said:

Did you say you were married when you filled out and signed the K-1?

I think not.

that's why Door #1 will not work. 

Good luck/

No, we were engaged to be married in the U.S. .. while the K1 was on AP at the embassy, and after the interview by a couple of years, we got married. The visa wasn't issued all this time, but now they've decided to issue it.

 

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Just now, AMS13 said:

No, we were engaged to be married in the U.S. .. while the K1 was on AP at the embassy, and after the interview by a couple of years, we got married. The visa wasn't issued all this time, but now they've decided to issue it.

 

So you answered your own question. Maybe not the answer you wanted, but then you decided to get married.

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1 hour ago, AMS13 said:

I think this a very unique perspective on this, thank you for that. However, I do think there is more to it.

They did say it was approved, it's just not "printed out" yet.

That being said, assuming it will get issued without a problem, would the first option be viable still? That's the question.

Thanks.

You will have an unreported marriage and divorce rendering the petition invalid


YMMV

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1 hour ago, payxibka said:

You will have an unreported marriage and divorce rendering the petition invalid

I think that'd only be valid during filing the petition, not after, isn't it?

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2 minutes ago, AMS13 said:

I think that'd only be valid during filing the petition, not after, isn't it?

Up until the day of entry into the USA 


YMMV

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Like other said, K1 is for unmarried people that were unmarried through the whole process. I also think you're going to get in trouble once you apply for your Greencard. You have to send your marriage certificate, that way they'll find out that you were already married before entering the US on a K1 visa and that makes you inadmissible. If they don't find out then but in a later stage, you could get in big trouble for not being honest in the process. So all together I also think you should withdraw your K1 and start the CR1 petition . Expect a lot of questions and count on a long AP again, that way it can only get better if AP does go quick. 

You could always contact your embassy to explain the situation and see what happens, but I don't know if they're going to be understanding. Patience is key in this process (I understand that AP for 2 years must be extremely frustrating, but unfortunately there's nothing you can do about it)

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you should do # 2 . but the good news is that if you passed all the security checks and proof of relationship to pass the visa process the first time , you should pass it again after you withdraw this petition and apply again . maybe be more patient next time ...

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