Recently filed 129F - still so many questions - here's the first

[beloved_dingo 1,935]

@Dan and Akari

 

Here is a recent post I made with links to threads where being "too married for a K-1" became a problem.

 

You cannot prove a negative. If USCIS suspects you are married, there is nothing you can provide to them to overcome the suspicion. 

[Mike E 11,725]

10 minutes ago, manyfudge said:

Where can the Burmese spouse live, while awaiting interview if she has no status in Thailand?

 

It is impossible for me to go to Bangkok, throw a stick, and not hit a Burmese. Millions of Burmese have found a way to legally stay in Thailand.  I know some who have been there more than 10 years, and most are in the service industry.

 

The service industry in Doha, Dubai, and Abu Dhabi always needs foreign workers. Work visas are as open to Burmese as they are to South Asians and Filipinos.

 

Unless it is on a cruise ship, if you have observed enough east Asian service workers in a foreign country, odds are high you have seen a Burmese. They are like Canadians in America: numerous yet invisible. 

 

 

 

 

 

 

 

 

 

[Dan and Akari 37]

3 hours ago, Mike E said:

If you do not share religions, it is technically illegal to marry  in Burma, though this can be worked around. 

 

I’ve been to Burma 7 times.  Each time was pre-coup when there was a “mild” war, and even navigated check points run by ethnic armies during official cease fires. These days there is open rebellion. I  know people who have fled their homes. It is not safe.
 

Utah remote marriage is the only answer. Then file I-130 to get an IR-1 visa.

Of the many friends she has in Myanmar some are Myanmar attorneys who assure us that it is not illegal. You simply have to go through a different process. 
 

I have also been to Myanmar several times, twice this year alone, and my experience is different. Maybe it is because the furthest north I have been is Bagan. I’m not sure.
 

Most of the fighting is in the north with the ethnic militias now unified as PDF. Yes there are military checkpoints and makeshift bunkers throughout Yangon, but I never at any time felt unsafe. She has been back 3 times this year and also never felt like she was ever in danger but then again Myanmar is her home and she is most comfortable there. 

[SteveInBostonI130 3,328]

1 hour ago, Dan and Akari said:

 

Most of the fighting is in the north with the ethnic militias now unified as PDF. Yes there are military checkpoints and makeshift bunkers throughout Yangon, but I never at any time felt unsafe. She has been back 3 times this year and also never felt like she was ever in danger but then again Myanmar is her home and she is most comfortable there. 

 

All you need is 1 local leader or checkpoint commander who thinks having an American hostage is an excellent bargaining tool for things to get bad very fast.

[jaysaldi 209]

When I saw "ceremony to celebrate our union" i thought  "Noooooo. You had an engagement party to celebrate your engagement."

 

Repeat that until you get it down cold. Engagement party. To celebrate your engagement. 

 

There has been no "union" and will be no "union" until you marry in the USA, got it?

 

Don't refer to her as "my wife" anywhere at any time from now until you marry.

 

Do not use or show any photos of her in a wedding dress.

 

I see your attorney has already filed the K1. Did he or she include the wedding dress photos?  Perhaps you should discuss with your lawyer concerns you've read that you are now "too married" for a K1 visa.

 

I don't think your K1 application is as doomed as some other posters here do. Engagement ceremonies are common in some Southeast Asian countries and if you DON'T have an engagement ceremony the consular officer may wonder if you are truly engaged.  I believe that some of the examples involving people deemed "too married for a K1" were from countries where engagement ceremonies are not common.

 

If you can present this as an engagement party I think you're fine. But I agree with others that your description of this "union ceremony" and the bridal dress photos may be somewhat problematic.

[Redro 4,601]

1 hour ago, jaysaldi said:

When I saw "ceremony to celebrate our union" i thought  "Noooooo. You had an engagement party to celebrate your engagement."

 

Repeat that until you get it down cold. Engagement party. To celebrate your engagement. 

 

There has been no "union" and will be no "union" until you marry in the USA, got it?

 

Don't refer to her as "my wife" anywhere at any time from now until you marry.

 

Do not use or show any photos of her in a wedding dress.

 

I see your attorney has already filed the K1. Did he or she include the wedding dress photos?  Perhaps you should discuss with your lawyer concerns you've read that you are now "too married" for a K1 visa.

 

I don't think your K1 application is as doomed as some other posters here do. Engagement ceremonies are common in some Southeast Asian countries and if you DON'T have an engagement ceremony the consular officer may wonder if you are truly engaged.  I believe that some of the examples involving people deemed "too married for a K1" were from countries where engagement ceremonies are not common.

 

If you can present this as an engagement party I think you're fine. But I agree with others that your description of this "union ceremony" and the bridal dress photos may be somewhat problematic.

There are engagement parties and engagement parties… also, with a lot of these “engagement parties” formal marriage generally follows AT MOST a year or so after… with K1 taking 1.5-2 years… how is the CO to know if the couple didn’t take the next step? 

@Dan and Akari has a choice to make.. he is up against two cultures, the desire to move to the US, and the whim of a CO in Thailand or Myanmar who can either take them at their word or believe they are actually married… 

Roll the dice. They are still fairly early in on the process so switching to spousal visa won’t impact them too much. 
Adding to the fact they probably applied for K1 with a Thai address - if @Dan and Akari‘s wife is in Myanmar and needs to interview there… they will be adding several months after the petition is approved trying to get the interview moved from Thailand to Myanmar. 
My opinion? They should marry and apply for spousal visa. It will add up to the same amount of time as unless Akari remains in Thailand as a legal resident she will add several months to the process after she moves back home. 
 

[carmel34 3,532]

11 hours ago, jaysaldi said:

You had an engagement party

We only had a ceremony to celebrate our union.

 

OP did not describe it as a simple party to recognize engagement, but a ceremony to celebrate the union, which seems very risky based on many other K-1 denials.  Why risk adding 2+ years to the process when it is an easy fix to marry via Zoom and file for a spousal visa?  The additional cost doesn't seem to be an issue for OP.  I do agree that the K-1 risk level depends on what was actually sent with the I-129F in terms of photos and description of the "ceremony to celebrate our union."  Those questions have not been answered by OP.

[Dan and Akari 37]

1 hour ago, carmel34 said:

We only had a ceremony to celebrate our union.

 

OP did not describe it as a simple party to recognize engagement, but a ceremony to celebrate the union, which seems very risky based on many other K-1 denials.  Why risk adding 2+ years to the process when it is an easy fix to marry via Zoom and file for a spousal visa?  The additional cost doesn't seem to be an issue for OP.  I do agree that the K-1 risk level depends on what was actually sent with the I-129F in terms of photos and description of the "ceremony to celebrate our union."  Those questions have not been answered by OP.

Sorry for my delayed answer. Apparently I hit my limit of posts yesterday so I was unable to reply. 
 

We did not include any photos of the ceremony. Only travel photos and photos with her family over the months. We never used the word “union” in our declaration letters. 
 

specifically we wrote:

”Akari and I had a formal engagement ceremony in Myanmar…to celebrate our bond and commitment with her family and friends…our desire is to be formally married and registered as husband and wife in the United States.”

 

We also know a former immigration officer who conducted visa interviews. We asked his opinion, and he said pretty much verbatim with the USCIS website said: it will depend on whether that ceremony is considered a legally binding marriage under the laws of Myanmar.
 

We have an appointment to speak with a lawyer in Myanmar next week. At this point we’re heavily leaning towards just filing the CR1 and resolve ourselves to the fact that we burned a couple months of waiting by submitting the K-1 and then submitting a new CR1. 

 

[Crazy Cat 39,398]

7 minutes ago, Dan and Akari said:

At this point we’re heavily leaning towards just filing the CR1 and resolve ourselves to the fact that we burned a couple months of waiting by submitting the K-1 and then submitting a new CR1. 

Here on VJ, you will find a significant number of K-1 filers who wish they had filed a CR-1 instead.  I have yet to find a single CR-1 filer who regretted their decision to have chosen a spousal visa.   At the end of the day, losing 2 months is not significant, imo, when considering the advantages of a CR-1.

Edited June 30, 2023 by Crazy Cat

[Redro 4,601]

35 minutes ago, Dan and Akari said:

Sorry for my delayed answer. Apparently I hit my limit of posts yesterday so I was unable to reply. 
 

We did not include any photos of the ceremony. Only travel photos and photos with her family over the months. We never used the word “union” in our declaration letters. 
 

specifically we wrote:

”Akari and I had a formal engagement ceremony in Myanmar…to celebrate our bond and commitment with her family and friends…our desire is to be formally married and registered as husband and wife in the United States.”

 

We also know a former immigration officer who conducted visa interviews. We asked his opinion, and he said pretty much verbatim with the USCIS website said: it will depend on whether that ceremony is considered a legally binding marriage under the laws of Myanmar.
 

We have an appointment to speak with a lawyer in Myanmar next week. At this point we’re heavily leaning towards just filing the CR1 and resolve ourselves to the fact that we burned a couple months of waiting by submitting the K-1 and then submitting a new CR1. 

 

Check timelines for Thailand @Dan and Akari

K1 vs CR1/IR1

K1s out of Thailand with a late 2021 filing are interviewing now until August/ September… about 20 months. 
CR1s are a little more varied with filing to interview as short as 11 months. 
I don’t really think you will lose any time if you switch now. Spousal appears to be quicker for the Thailand consulate. 
Also keep in mind you have to schedule your own interview with K1… if you ever delve into the K1 threads you’ll see some have a harder time finding dates which prolongs the process. 
 

 

[carmel34 3,532]

5 hours ago, Dan and Akari said:

specifically we wrote:

”Akari and I had a formal engagement ceremony in Myanmar…to celebrate our bond and commitment with her family and friends…our desire is to be formally married and registered as husband and wife in the United States.”

Based on this statement that was submitted with the I-129F, I strongly recommend getting married and starting the spousal visa process.  Utah Zoom marriage is fastest and is recognized for US immigration, and the I-130 can be filed online from anywhere.  The phrases "formal engagement ceremony," "celebrate our bond and commitment," and "desire is to be formally married," could be interpreted by an immigration officer as an informal marriage, leading to denial of the K-1.  It has happened many times before.  If you had said "engagement party" you may have been okay.  CR-1 may be faster than the K-1 if you file soon, and is a superior way to immigrate to the US, with the beneficiary able to work, get a driver's license, and leave the US anytime immediately on entering the US as an LPR.  Good luck!

[jaysaldi 209]

19 hours ago, carmel34 said:

Based on this statement that was submitted with the I-129F, I strongly recommend getting married and starting the spousal visa process.  Utah Zoom marriage is fastest and is recognized for US immigration, and the I-130 can be filed online from anywhere.  The phrases "formal engagement ceremony," "celebrate our bond and commitment," and "desire is to be formally married," could be interpreted by an immigration officer as an informal marriage, leading to denial of the K-1.  It has happened many times before.  If you had said "engagement party" you may have been okay.  CR-1 may be faster than the K-1 if you file soon, and is a superior way to immigrate to the US, with the beneficiary able to work, get a driver's license, and leave the US anytime immediately on entering the US as an LPR.  Good luck!

 

I'm surprised the US immigration lawyer who prepared/reviewed this submission used or approved the language of "formal engagement ceremony" and "celebrate our bond and commitment." 

 

I just would have said "engagement party" or at most "engagement ceremony."  The words "formal" and "bond" were unnecessary and would tend to do more harm than good, in my opinion. 

[EES 0]

I would strongly advise against trying to get your case processed and interview in Yangon. I have a close friend who has been trying to get his Burmese girlfriend here. They have been waiting for an interview for over a year. In his words “the US embassy in Myanmar is a shitshow.”
 

That said, as she is a citizen of that country, I believe she must interview at that embassy. I could be wrong, but I imagine my friend would have looked into interviewing in Thailand or elsewhere given his circumstances. Good luck. 

[ahinsf 7]

We had a somewhat similar situation when we submitted our petition for a K1 visa in 2021. Prior to this, we had a similar “union” ceremony in my wife’s country. Athough I’m a lawyer, I don’t practice immigration law, so I consulted with a U.S. immigration attorney prior to submitting the K1. He advised me to file the K1 and then, after waiting about 16 months, USCIS approved the petition.
 

Then, a few months later at the interview, the CO denied the visa. He said that we need to submit a petition for a spousal visa since they recognized our relationship as a marriage. We then did the Utah County Zoom ceremony, got a marriage certificate and filed the IR-1. We’ve now been waiting 9 months, so far and are both extremely frustrated and running out of patience. As you can see, it’s not worth the risk and since you recently submitted your K1, you haven’t wasted that much time. Also, as others mentioned here, there are many benefits to an IR-1 so, in my opinion, it makes much more sense for you to do the Utah marriage and submit an IR-1 petition.

[wxman22 109]

You came to this forum seeking advice.

Virtually everyone above has given you the same advice. 

Whether you return to Myanmar or not; ditch the lawyer and the K-1, it will lead to a dead end. 

Re-file CR1. Time will be the same and it wlll save you a few thousand in filing fees.

 

Good luck.

Glad you caught it early.