Too married for a K1 (split)

[geowrian 22,335]

Just to clarify...

They would not find that you are married (unless there is evidence of a legal marriage under that country's laws). They would find that you did not satisfactorily demonstrate being free to marry as required for a K-1 visa.

[Ash.1101 1,755]

Chances are you are going to have to go to Nigeria or another country(if you and him both can) marry him there, and then go for a spousal visa. 

 

Edited June 7, 2019 by Ash.

[SJordanS 342]

4 hours ago, jko2332 said:

Hello, My husband was recently denied his k1 visa because public information ie blogs were calling us husband and wife. The embassy now said we are too married and that we should have applied for a Cr/Ir1 ( we had no clue).  I am having a baby soon and i cant wait for the letter from the US embassy... I need him to come in the country to be with me... If I call uscis to close the case will it effect him getting a  b1 visa? 

So sorry to hear this. This also goes to show how DHS is reviewing social networks and internet searching for what they consider high-fraud countries. Nigeria being one of them. I hope you can get this resolved. 

[Unlockable 7,306]

Definitely one to save for reference.

 

Funny how we get members that come here from time to time that don't believe the "too married" problem yet here we are. I see "unofficial ceremonies" are only going to become more of a common problem than not. Especially since efforts are being put into place to search social media of the beneficiary.

[Cryssiekins 976]

1 hour ago, jko2332 said:

Again we did not call each other husband and wife but society did because of his status, I just did today because that is what we were told we are per the interviewer. 

In my CULTURE we have to do many marriage rights before we are legally married. We had no clue paying dowry and having a party would constitute as marriage. 

Research before you filed would have helped clarify that both American and the beneficiaries home countries cultures are considered.

 

There are countless stories on here of people like yourself who fulfilled their cultural norms without having a legally recognized marriage to discover in the eyes of US immigration it disqualified you from a fiancé visa.

 

Terrible on all fronts, especially since you’re expecting.  If you cannot fly there and he isn’t approved for a visitor visa, perhaps a neutral 3rd country for a legal

ceremony so that you can begin the spousal visa process.  

 

Best of luck!

[Shiran 1,134]

3 hours ago, NicoleM said:

So you are the US citizen? In your country (which should be the USA?), people don't call each other husband and wife until they are married.

 

What is the bride's price? Like a dowry?? This is also not an American thing..

I would like to note that USA doesn't have monolithic culture and norms. It might be that (for now) white anglo saxon protestant culture is narrowly thought of as dominant, but it is not the only one. In various diasporas, communities, temples, and enclaves people who are just as American practice follow their own ways while being protected by the all American umbrella of freedom of expression and freedom of religion (or lack of religion) 

Unfortunately for OP this one of those limitations of K-1 where there is this grey zone of "too married" even for people who are not "legally" married. 

[JoannaV 173]

8 minutes ago, Shiran said:

 white anglo saxon protestant culture

Even within that, I know multiple people who referred to their girlfriends as "wifey".

[Jeanne Adil 1,651]

5 hours ago, jko2332 said:

Hello, My husband was recently denied his k1 visa because public information ie blogs were calling us husband and wife. The embassy now said we are too married and that we should have applied for a Cr/Ir1 ( we had no clue).  I am having a baby soon and i cant wait for the letter from the US embassy... I need him to come in the country to be with me... If I call uscis to close the case will it effect him getting a  b1 visa? 

Happens a lot in  Nigeria

you dont' need to wait for any letter from the embassy /there will not be a letter

AFter the baby is born,  travel to Nigeria and marry and do the CR1

no other way for you to get him here now

serach thruout the portal for Nigeria and see the posts on this subject / there are many of them

exchanging dowery is done for a marriage

wedding dresses are worn for a marriage celebration

you may able to get a legal marriage certificate with the above evidence to this you already have 

[Boiler 43,396]

4 hours ago, jko2332 said:

Hello, My husband was recently denied his k1 visa because public information ie blogs were calling us husband and wife. The embassy now said we are too married and that we should have applied for a Cr/Ir1 ( we had no clue).  I am having a baby soon and i cant wait for the letter from the US embassy... I need him to come in the country to be with me... If I call uscis to close the case will it effect him getting a  b1 visa? 

Being refused a B2 is not an obvious pre qualification for a B2, so make sure you have a plan B.

[MrMizo 144]

6 hours ago, Pitaya (火龙果) said:

Interesting case and intro in your posting. You are calling him "my husband" and you were recently denied a K1 fiancee visa at the visa interview at the embassy/consulate? I think I can understand why you were denied a fiancee visa. It does sound like the CO acted in a proper manner. Since he has already expressed immigration intent through the filing of the K1 visa, it is highly unlikely that he would be granted a B1/B2 visa (business/visitor, respectively), due to the recent K1 denial, and also because Nigeria is such a high-fraud country and has an accompanying high B2 visa refusal rate....Sorry. It is likely far easier from an immigration standpoint for you to visit him.

 

You may want to consider starting the CR1 spousal visa process.

 

Good luck on your immigration journey.

100% right. Sounds like you guys are already married by this post alone. If it walks like a duck, quacks like a duck, what is it?

[jko2332 4]

3 hours ago, SJordanS said:

So sorry to hear this. This also goes to show how DHS is reviewing social networks and internet searching for what they consider high-fraud countries. Nigeria being one of them. I hope you can get this resolved. 

Yes. She stated to him “I googled you guys and saw the multiple new stories and blogs about you guys...you are too married and need to file for a CR1. You filed for the wrong petition” 

 So yes they are using social media to look you up. It is what it is we will refile and go from there. 

2 hours ago, Unlockable said:

 

[SJordanS 342]

4 minutes ago, jko2332 said:

Yes. She stated to him “I googled you guys and saw the multiple new stories and blogs about you guys...you are too married and need to file for a CR1. You filed for the wrong petition” 

 So yes they are using social media to look you up. It is what it is we will refile and go from there. 

They do this with most high fraud countries unfortunately. They will do it now even more so with the law that enacted. Wishing you both the best of luck. CR1 isnt so bad. Its moving faster now so chances are you will get re-approved before you know it. 

[jko2332 4]

4 hours ago, geowrian said:

Just to clarify...

They would not find that you are married (unless there is evidence of a legal marriage under that country's laws). They would find that you did not satisfactorily demonstrate being free to marry as required for a K-1 visa.

They googled us and our traditional engagement was posted so this is another non factual response from you again. Smh

[Ben&Zian 4,397]

Oh boy more people not liking what they hear as usual.

[SJordanS 342]

9 minutes ago, jko2332 said:

They googled us and our traditional engagement was posted so this is another non factual response from you again. Smh

Oh ok. traditional engagement ceremony pics were posted somewhere? They warn about this here in VJ. They do that all the time for India and Pakistan. Same denial reason with ceremony pics.  The people here on VJ put the fear of God in me because I submitted church engagement ceremony photos and set me up to believe they would deny. They did not deny. But I truly believe its country specific. Was it just those photos? If I can ask, if your husband also a public figure?