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

[Limey 550]

10 hours ago, AMS13 said:

we decided to get legally married a few months back and stay in Egypt. 

I'm intrigued as to why you didn't withdraw k1 at that point and file for CR1?

 

If your preference is to live in the US, then I'd have thought you'd file for this soon after marriage (on the assumption that the k1 was not going anywhere).

 

I can't see any problems with the CR1 - the screening for the k1 didn't show up any issues, and you can explain why you got married and moved to egypt (that's great evidence of a genuine relationship).

 

As others have said, option 1 would seem to be fraudulent.

Edited January 16, 2019 by Limey

[EM_Vandaveer 2,366]

7 hours 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.

It's NOT viable. You got married and that instantly disqualified you from getting a K1. Getting divorced doesn't fix that.

[AMSS 22]

11 hours 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.

Please update your timeline.

[HonoraryCitizen 179]

11 hours ago, AMS13 said:

 

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?

 

I am not a moralist, far from and to each his/her own however has divorce become that trivial? Purely from the immigration point of view, does it not look like standard gaming the system?

Edited January 16, 2019 by HonoraryCitizen

[EM_Vandaveer 2,366]

46 minutes ago, HonoraryCitizen said:

I am not a moralist, far from and to each his/her own however has divorce become that trivial? Purely from the immigration point of view, does it not look like standard gaming the system?

It wouldn't work anyway. The moment they got married with a K1 in the works (however slow), that disqualified him from getting the K1. Getting divorced won't fix it for this K1.

Theoretically they could divorce and start ANOTHER K1 process. That would not make much sense. Filing for the spousal visa is the only sensible option.

[Cathi 5,609]

Your one and only option is to withdraw the K-1 and apply for the CR-1.

[John & Rose 7,237]

The CR-1 is the only option.  You will need to produce your marriage certificate for AOS and unless you commit fraud you would show that you were married when you received the K-1 visa.  So at the very minimum AOS gets denied and you will not receive a green card which means you will be out of status and will have to leave the States.

Edited January 16, 2019 by John & Rose

[Nitas_man 3,100]

15 hours 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.

When you married you should have filed a new petition.

There is a remote chance that they would or could convert you to a K3.  Report that you are married and essentially you are at the stage of an approved K3 applicant.

If you hide this the consequences can domino through every stage of the immigration process.  There is NO WAY you’d get a K1 after just divorcing the one you promised to marry when the petition was filed. 

Absent them giving you a non-immigrant K visa you will have to file a new petition and start over.  Not doing so as soon as you married was very foolish.

Edited January 17, 2019 by Nitas_man

[payxibka 10,044]

1 hour ago, Nitas_man said:

When you married you should have filed a new petition.

There is a remote chance that they would or could convert you to a K3.  Report that you are married and essentially you are at the stage of an approved K3 applicant.

If you hide this the consequences can domino through every stage of the immigration process.  There is NO WAY you’d get a K1 after just divorcing the one you promised to marry when the petition was filed. 

Absent them giving you a non-immigrant K visa you will have to file a new petition and start over.  Not doing so as soon as you married was very foolish.

No such thing as converting from k1 to k3.   K3 requires an initially filed i130 which hasn't occurred 

[Nitas_man 3,100]

Just now, payxibka said:

No such thing as converting from k1 to k3.   K3 requires an initially filed i130 which hasn't occurred 

I’m sometimes surprised at what consulates can do.  Asking is free, but these two need to plan to start over.  SMH

[payxibka 10,044]

2 minutes ago, Nitas_man said:

I’m sometimes surprised at what consulates can do.  Asking is free, but these two need to plan to start over.  SMH

Maybe true but k1 to k3 ain't one

[Ty/Ir 32]

19 hours ago, AMS13 said:

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.

Sorry this unrelated question, but is a 2 year wait from start to finish the new normal going forward or were there some kind of unique circumstances that caused such a timeline?

[JFH 12,189]

42 minutes ago, Tyler26 said:

Sorry this unrelated question, but is a 2 year wait from start to finish the new normal going forward or were there some kind of unique circumstances that caused such a timeline?

AP can last for years, especially for males from MENA countries.

[AstroCanada 206]

3 hours ago, Nitas_man said:

I’m sometimes surprised at what consulates can do.  Asking is free, but these two need to plan to start over.  SMH

I would definitely reach out to the embassy, even go in person, and ask if there are any options.  I'd come prepared with marriage certificate and proof of a bona fide marriage.  They're unlikely to help you out, but there is a small chance they might permit a DCF given the very long wait and that they approved you for a visa.   It certainly never hurts to ask.    

[Scandi 3,970]

Your K-1 Visa process ended the day you got married. Divorcing now doesn't change anything, you had to stay single throughout the entire process.

 

However, if you divorce you can apply for a new K-1 if you for some odd reason would want that, but the old K-1 is no longer an option for you.

 

So, your only options are

1. Divorce and start over with a NEW i-129f/K-1 process, I don't see any reasons to go down this road.

2. Stay married and file for a CR-1, potentially go through DCF if you're eligible and if that's available at your specific embassy.