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hi

 

not fraude but you might be too married for the k1 and not enough married for the CR1 visa, as stated many time here, the consul might refuse the k1 for considering you already married,  You should marry and apply for CR1

 

 

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If it was just a religious ceremony where you didn’t actually exchange vows or anything and you’re not officially married, then yes you may still proceed with the K1. If anyone advertised those pictures and/or they’re tracebale the CO at the embassy might/will find out & see you as too married for a k1 and deny it. I would suggest you go the CR1 route since it seems as though you already want to get married, plus the spousal visa is more beneficial. 

 

If you still choose to go the K1 route...DO NOT ADD ANY OF THOSE RELIGIOUS CEREMONY PICTURES IN THE PETITION. 

 

Anything showing a wedding like event, ring exchanges, or even both of you wearing the same clothes will make you look too married to the CO which will result in a denial. It’s crazy cause even if religious ceremonies happen to be the norm in your country the embassy officials still question it.

 

Good luck and God bless.

Edited by gsdc23

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Religiously you are "married" even though legally you don't have a marriage certificate yet. Any kind of marriage ceremony is Mostly (mostly with a big M) seen by USCIS as you are too married for K1 Visa. My recommendation will be to go the full length of the marriage and obtain  marriage certificate, and then go the CR1 route. All the best with your journey.

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2 hours ago, Gurdip bassi said:

Just quick question. If i apply for k1 visa even though we had done religious marriage but not registered in court yet.. is it okay to apply for k1 visa or its called fraud? Just wanted suggestion.

religious marriage done, even if not registered you are too married for a K1

 

get the religious marriage filed and file for a CR1 visa.

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7 hours ago, gsdc23 said:

If it was just a religious ceremony where you didn’t actually exchange vows or anything and you’re not officially married, then yes you may still proceed with the K1. If anyone advertised those pictures and/or they’re tracebale the CO at the embassy might/will find out & see you as too married for a k1 and deny it. I would suggest you go the CR1 route since it seems as though you already want to get married, plus the spousal visa is more beneficial. 

 

If you still choose to go the K1 route...DO NOT ADD ANY OF THOSE RELIGIOUS CEREMONY PICTURES IN THE PETITION. 

 

Anything showing a wedding like event, ring exchanges, or even both of you wearing the same clothes will make you look too married to the CO which will result in a denial. It’s crazy cause even if religious ceremonies happen to be the norm in your country the embassy officials still question it.

 

Good luck and God bless.

If they had a religious ceremony they are married.

He says "but its not registered in court yet". So that means it was capable of being registered - it's a marriage. They are married. K1 is not an option. Register it and do CR1.

If you have a baby but haven't registered the birth for a birth certificate yet, you still have a baby, even if you haven't registered it. A marriage isn't much different.

Advising them to hide the fact that they are married from USCIS is advocating visa fraud.

Edited by Limey

--- k1 visa ---
Texas Service Center (Abandon Hope All Ye Who Enter Here)
I-129F sent: 12 Aug 2014
I-129F NOA1: 15 Aug 2014
I-129F NOA2: 2 Mar 2015 (199 days from NOA1) **No RFEs!**
NVC Received: 19 Mar 2015
Case#, IIN, BIN assigned: 19 Mar 2015
NVC Left: 20 Mar 2015
Consultate Received: 23 Mar 2015
Package 3 Received: 26 Mar 2015
Medical: 10 Apr 2015
Packet 3 Sent: 10 Apr 2015
Packet 4 Received: 23 Apr 2015
Interview Date: 8 May 2015 (Approved!!!)
Visa Issued: 14 May 2015
Visa in Hand: 19 May 2015
Entry to USA: 5 Jun 2015
Married: 21 Jun 2015

---Adjustment of Status---
Sent I-485, I-131 and I-765: 7 Jul 2015
NOA1 for I-485, I-131 and I-765: 14 Jul 2015
Email notification that I-765 was approved: 12 Sep 2015
Email notification that I-131 was approved: 15 Sep 2015
Email notification that EAD/AP combo card was mailed: 15 Sep 2015
EAD and AP combo card received: 18 Sep 2015
Green Card Received: 3 Dec 2015 [ :)] Previous letter stated interview requirement was likely to be waived

 

---Removal of Conditions---
Sent I-751: 13 Oct 2017
NOA1 for I-751: 23 Oct 2017

Biometrics: 20 Nov 2017
Approved: 20 Dec 2018

Green Card Received: 2 Jan 2019

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21 minutes ago, Limey said:

If they had a religious ceremony they are married.

He says "but its not registered in court yet". So that means it was capable of being registered - it's a marriage. They are married. K1 is not an option. Register it and do CR1.

If you have a baby but haven't registered the birth for a birth certificate yet, you still have a baby, even if you haven't registered it. A marriage isn't much different.

Advising them to hide the fact that they are married from USCIS is advocating visa fraud.

No one advised them to commit anything fraud-like. 

 

I only advised for the K1 if the Religious ceremony was somewhat of an engagement party or a large event that looks like a wedding but it’s just an event for the family before they do their official wedding, but if this is in fact a wedding in that culture then yes they definitely do not qualify for a K1 visa. CR1 is definitely the only option. 

 

I said the “if they still choose to go the K1 route...” part only after I expressed that if the ceremony does not count as a them being married. If it does then CR1 is the only route.

 

There’s people who get denied all the time for events that look like weddings when its really just a celebration of their engagement. Which is why I said not to share any photos like that. I would never suggest that they hide anything that represents an actual marriage.

 

So I apologize if all you read was me advising them to commit any fraud, that was not my intent. 

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22 minutes ago, gsdc23 said:

No one advised them to commit anything fraud-like. 

 

I only advised for the K1 if the Religious ceremony was somewhat of an engagement party or a large event that looks like a wedding but it’s just an event for the family before they do their official wedding, but if this is in fact a wedding in that culture then yes they definitely do not qualify for a K1 visa. CR1 is definitely the only option. 

 

I said the “if they still choose to go the K1 route...” part only after I expressed that if the ceremony does not count as a them being married. If it does then CR1 is the only route.

 

There’s people who get denied all the time for events that look like weddings when its really just a celebration of their engagement. Which is why I said not to share any photos like that. I would never suggest that they hide anything that represents an actual marriage.

 

So I apologize if all you read was me advising them to commit any fraud, that was not my intent. 

In this case they made it pretty clear it was a wedding:

 

" we had done religious marriage but not registered in court yet.. "

In many countries, eg India the person is married at the time of the ceremony, even if its not registered. Whether this marriage is legal in their home country will depend on the laws of the country (original poster hasn't stated which one).

 

The issue USCIS has is that they can't possibly be experts on the laws of each individual country that people are immigrating from. So they have to err on the side of caution - if it looks like a wedding, then they are considered married by USCIS for purposes of k1. Similarly, if there is no marriage certificate for a CR1 then they err on the side of caution and won't grant the visa. So this is how the "too married for k1, not married enough for CR1" happens .
 

The general rule about withholding information from USCIS is that you don't have to tell them if they don't ask (eg when they asked the purpose of my visits to the US, I would say vacation, which was true). But in the case of a marriage, we explicitly have to declare that we are single and able to marry (similarly we're asked to declare all arrests etc etc). To hide a marriage (religious or otherwise) would be very dangerous in my opinion (if USCIS consider it fraudulent, it might disqualify them from any other visa and any chance of immigrating).


--- k1 visa ---
Texas Service Center (Abandon Hope All Ye Who Enter Here)
I-129F sent: 12 Aug 2014
I-129F NOA1: 15 Aug 2014
I-129F NOA2: 2 Mar 2015 (199 days from NOA1) **No RFEs!**
NVC Received: 19 Mar 2015
Case#, IIN, BIN assigned: 19 Mar 2015
NVC Left: 20 Mar 2015
Consultate Received: 23 Mar 2015
Package 3 Received: 26 Mar 2015
Medical: 10 Apr 2015
Packet 3 Sent: 10 Apr 2015
Packet 4 Received: 23 Apr 2015
Interview Date: 8 May 2015 (Approved!!!)
Visa Issued: 14 May 2015
Visa in Hand: 19 May 2015
Entry to USA: 5 Jun 2015
Married: 21 Jun 2015

---Adjustment of Status---
Sent I-485, I-131 and I-765: 7 Jul 2015
NOA1 for I-485, I-131 and I-765: 14 Jul 2015
Email notification that I-765 was approved: 12 Sep 2015
Email notification that I-131 was approved: 15 Sep 2015
Email notification that EAD/AP combo card was mailed: 15 Sep 2015
EAD and AP combo card received: 18 Sep 2015
Green Card Received: 3 Dec 2015 [ :)] Previous letter stated interview requirement was likely to be waived

 

---Removal of Conditions---
Sent I-751: 13 Oct 2017
NOA1 for I-751: 23 Oct 2017

Biometrics: 20 Nov 2017
Approved: 20 Dec 2018

Green Card Received: 2 Jan 2019

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