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can I file for a spousal visa if my fiancé visa has been returned to NVC?  The consular officer sent back stating they have doubts on validity of relation. So if I marry my fiancé will that correct all the issues there may be? 

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9 minutes ago, Sana_G said:

can I file for a spousal visa if my fiancé visa has been returned to NVC?  The consular officer sent back stating they have doubts on validity of relation. So if I marry my fiancé will that correct all the issues there may be? 

Simply marrying and filing for a spousal visa will not correct "all the issues there may be."

 

Entirely depends upon why they doubt the relationship, but in general, you likely will need to spend much more time together.

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16 minutes ago, Sana_G said:

can I file for a spousal visa if my fiancé visa has been returned to NVC?  

Yes

 

6 minutes ago, Jorgedig said:

So if I marry my fiancé will that correct all the issues there may be? 

No. You and fiancé/spouse need to figure why they doubted the relationship and take steps to address those problems. Because the spouse will end up with a another interview at the Embassy and they surely will bring up the same issues if they have not been addressed

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9 minutes ago, Jorgedig said:

Simply marrying and filing for a spousal visa will not correct "all the issues there may be."

 

Entirely depends upon why they doubt the relationship, but in general, you likely will need to spend much more time together.

Thank you for the quick reply back! I spent two months with him just recently....we even traveled together. They asked my fiancé if we are married during the interview as we had a big engagement ceremony.  

It appears we seemed to close as fiancé, maybe they are thinking we are married? 

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Just now, Sana_G said:

Thank you for the quick reply back! I spent two months with him just recently....we even traveled together. They asked my fiancé if we are married during the interview as we had a big engagement ceremony.  

It appears we seemed to close as fiancé, maybe they are thinking we are married? 

Engagement ceremony is probably why you got the denial actually.  Could appear to be married, and therefore not eligible for the K-1 visa.  People from countries where engagement ceremonies are common are advised to take care in planning such an event, as we see denials from that all the time.

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6 minutes ago, USS_Voyager said:
16 minutes ago, Jorgedig said:

So if I marry my fiancé will that correct all the issues there may be? 

No. You and fiancé/spouse need to figure why they doubted the relationship and take steps to address those problems. Because the spouse will end up with a another interview at the Embassy and they surely will bring up the same issues if they have not been addressed

Not sure why this quoted me, lol.

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1 minute ago, Sana_G said:

If we wait till the case is  returned to USCiS that can take another 6 months before we hear anything. We have already waited 1.5 years :( 

Yes, there is a lot of waiting when it comes to immigration.

 

You don't have to wait until it is returned to USCIS.  It will expire anyway.  You can marry and then petition your spouse.

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9 minutes ago, Jorgedig said:

Engagement ceremony is probably why you got the denial actually.  Could appear to be married, and therefore not eligible for the K-1 visa.  People from countries where engagement ceremonies are common are advised to take care in planning such an event, as we see denials from that all the time.

Thanks for reply.  That’s so unfortunate we waited 6 months for a response after interview only to get it sent back to NVC. So getting married, getting the marriage certificate, filing the marriage visa would be best case in this situation. And when he goes to interview he can clarify that was a ceremony and we are legally married now. 

 

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Moved from Progress Reports to Process & Procedures.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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