K1 to DCF possible?

[aaron2020 11,651]

1 minute ago, OliverBa said:

I didn’t try to go outside of “established” processes. All I did was get married. Besides I spoke with the Guangzhou consulate before and after this. We had an interview with them face to face after we submitted the petition. The two guys who interviewed us were sympathetic to the situation and told us to either get the letter from the court; or withdraw this application and reapply the DCF once we get legally married somewhere else, which is what I’ve been trying to do. I don’t think they will hold that against us, as they know that we didn’t do anything wrong and weren’t trying to deceive or circumvent the system, I gave them all the emails and text messages and correspondence I had with that company, and I’m sure they passed that along to who ever is in charge of taking down companies that try to defraud the government. I got the feeling that we weren’t the first couple who they had seen who had dealings with this company. 

Who gets marry your way?  NO ONE WHO WANTS TO DO THINGS LEGALLY.  

 

It's naive to think that US immigration is understanding.  The experiences on VJ tells a different story.  

 

Get a qualified US immigration lawyer.  

[Ben&Zian 4,397]

All right everyone calm down. The OP definitely has a lot of work to do because he has to figure out first about the original "marriage" license and is it really real or not. Just going to get married somewhere else before that may complicate the matter; but seems K-1 visa is completely off the table. I'd agree with @aaron2020 , a lawyer probably is needed to sort this mess and find a solution.

[aaron2020 11,651]

3 minutes ago, OliverBa said:

It’s not valid, that’s the point. Technically we aren’t married, if we were married we could do DCF. The paper means nothing. 

That paper means something.  YOU WILL NEED TO REPORT ALL MARRIAGES.  Leave this out and you will be making a MATERIAL MISREPRESENTATION and risk a lifetime ban.   You don't seem to be getting this.  You can't just ignore it.  

Edited April 16, 2019 by aaron2020

[Boiler 43,506]

I have no idea if they will add a misrep charge, if they do then that adds a year or so to the process.

[Ben&Zian 4,397]

Agreed with Aaron. You have to resolve this first "marriage" before you can do anything else. Again just going and marrying somewhere else, the embassy has records of your previous DCF attempt... just presenting a new "legit" marriage license will only complicate the matter as they will want to know what happened with the first one. You have to resolve the first license immediately.

[OliverBa 61]

2 minutes ago, aaron2020 said:

The marriage license is real.  It was obtained under false pretenses so that questions it's validity especially with two people who aren't even in America.   

They got major doo doo on their hands with this.  It will hang over them every step of the way.

That’s what I’m saying, it wasn’t obtained under false pretenses by US, it’s was obtained under false pretenses by the marriage officiant. On our marriage application, the address we used was our Chinese address, the marriage officiant in DC submitted her official attestation and said that she married us at some address one DC, and then obtained the marriage licenses on our behalf because DC allows a third party to do that. SHE obtained the licenses fraudulently, because SHE the officiant, lied about where the marriage took place which is why the DC court issued the license, based her lie that she witnesses and solemnized our marriage at some random DC address. Our hands are clean, we’re just dumb for believing that this was legal. Oh and by the way I sued the F out of her and her company and just won my case back in February, so I have that as proof to provide as well.

[treppenwitz 78]

8 minutes ago, OliverBa said:

We were scammed by a new web company that does weddings on their platform and basically they twisted a DC law that allows a third party to obtain the marriage license on behalf of the couple and explained to us that as long as she, the officiant, was in DC at the time she officiated the wedding, that it would be legal.

Yup, you were scammed. DC is not a place that allows proxy marriages. Have you considered living apart while you establish residency in Montana? In that scenario, you can do a proxy marriage; https://leg.mt.gov/bills/mca/40/1/40-1-301.htm:

Quote

(4) One party to a proxy marriage must be a member of the armed forces of the United States on federal active duty or a resident of Montana at the time of application for a license and certificate pursuant to 40-1-202. One party or a legal representative shall appear before the clerk of court and pay the marriage license fee. For the purposes of this subsection, residency must be determined in accordance with 1-1-215.

https://www.proxymarriage.com/double-proxy-marriage

[aaron2020 11,651]

3 minutes ago, OliverBa said:

That’s what I’m saying, it wasn’t obtained under false pretenses by US, it’s was obtained under false pretenses by the marriage officiant. On our marriage application, the address we used was our Chinese address, the marriage officiant in DC submitted her official attestation and said that she married us at some address one DC, and then obtained the marriage licenses on our behalf because DC allows a third party to do that. SHE obtained the licenses fraudulently, because SHE the officiant, lied about where the marriage took place which is why the DC court issued the license, based her lie that she witnesses and solemnized our marriage at some random DC address. Our hands are clean, we’re just dumb for believing that this was legal. Oh and by the way I sued the F out of her and her company and just won my case back in February, so I have that as proof to provide as well.

Your hands are not clean.  No authority has made that determination. 

You winning in court against the company means nothing.  You didn't fix the fraud that is on record in DC.

 

You will have to report this marriage on any application.   

 

Take this seriously.  I'm trying to help you understand that you are in deeper doo doo than you think.  

Edited April 16, 2019 by aaron2020

[OliverBa 61]

Just now, treppenwitz said:

Yup, you were scammed. DC is not a place that allows proxy marriages. Have you considered living apart while you establish residency in Montana? In that scenario, you can do a proxy marriage; https://leg.mt.gov/bills/mca/40/1/40-1-301.htm:

https://www.proxymarriage.com/double-proxy-marriage

Thanks for the tip, but we don’t want to do a proxy marriage, that’s what trouble we got into the first time and didn’t realize. 

[OliverBa 61]

3 minutes ago, aaron2020 said:

Your hands are not clean.  You winning in court against the company means nothing.  You didn't fix the fraud that is on record in DC.

 

You will have to report this marriage on any application.   

 

Take this seriously.  I'm trying to help you understand that you are in deeper doo doo than you think.  

So I’m suppose to call the DC court and tell them that the invalid marriage certificate that they already said was invalid, that they need to make a record that we got divorced from this invalid marriage license?? If it’s invalid then it’s invalid, I’m not understanding what I’m suppose to do with an invalid license. What fraud needs to be fixed? If the license is invalid, then it’s invalid. If we were married fradualently, then that makes the license invalid, if the license was real and the marriage was real, then we would need to divorce or annul the marriage. How do you get an annulment  or get a divorce from an invalid marriage license? 

Edited April 16, 2019 by OliverBa

[aaron2020 11,651]

3 minutes ago, OliverBa said:

So I’m suppose to call the DC court and tell them that the invalid marriage certificate that they already said was invalid, that they need to make a record that we got divorced from this invalid marriage license?? If it’s invalid then it’s invalid, I’m not understanding what I’m suppose to do with an invalid license

What's your proof that it's invalid?  What record does DC have to show that it's invalid?  People's spoken words are not good enough.  What legal documents do you have to show that the marriage certificate is invalid.  Just because the US Consulate didn't accept it doesn't mean that it's LEGALLY invalid.  

Edited April 16, 2019 by aaron2020

[Boiler 43,506]

4 minutes ago, OliverBa said:

So I’m suppose to call the DC court and tell them that the invalid marriage certificate that they already said was invalid, that they need to make a record that we got divorced from this invalid marriage license?? If it’s invalid then it’s invalid, I’m not understanding what I’m suppose to do with an invalid license. What fraud needs to be fixed? If the license is invalid, then it’s invalid. If we were married fradualently, then that makes the license invalid, if the license was real and the marriage was real, then we would need to divorce or annul the marriage. How do you get an annulment  or get a divorce from an invalid marriage license? 

Excellent questions, for a Lawyer.

[aaron2020 11,651]

Get a good US immigration lawyer before you do anything else that puts you in a bigger hole.

 

Best of luck.

 

Adios.  

[OliverBa 61]

13 minutes ago, aaron2020 said:

Who gets marry your way?  NO ONE WHO WANTS TO DO THINGS LEGALLY.  

Who gets married my way? The US military ? 

[aaron2020 11,651]

2 minutes ago, OliverBa said:

Who gets married my way? The US military ? 

Sure.  Bet they lied about residency to obtain marriage certificates.

Edited April 16, 2019 by aaron2020