Fiance Visa denied for a silly reason

[rinkie 0]

My cutie and I had applied for a K-1 Fiance Visa in Oct. 2007. The petition got approved and my interview date was scheduled for 8th of April that is today. However i was denied a visa on the grounds that we had a Hindu Religious Ceremony in India. It was a Hindu Religious marriage but not registered; we didnt have any marriage certificate and that was the sole reason why we went in for a Fiance Visa.

Now this Consular Officer in Chennai tells me that we have attached our Hindu Religious Marriage pictures, so in India, in the eyes of law it is a marriage and that we are married! I kept on telling him that my Fiance is a Christian as well as a US citizen and i am a Hindu and an Indian citizen, so the religious ceremony is as good as an engagement, it cannot be termed as marriage just becos we had a religious ceremony.

But the Consular Officer rejected and didn't grant me a visa saying that we have applied for a wrong petition, and he cannot grant us a visa on the grounds that we have already given him a strong evidence ie., pictures of our religious marriage photographs. I kept on telling him that we couldnt register the marriage, so couldnt get a marriage certificate, and hence we applied for a fiance visa. but he told me that the photo evidence is strong enough for him to reject it.

The Consular officer first told me, "your husband must apply for a K-3 spouse visa for you." and then he told me "your husband should file an I-130 for you. He should file for your greencard. So you need to re-apply. at this moment i will advice you to withdraw your petition as your case is just gonna be dragged forever. and tell your husband to apply for a greencard." he made me write an affidavit saying that my husband and i are withdrawing the case and that he will apply for a K-3 spouse visa and greencard for me."

Now i am confused.. What should we file a petition for? K-3 visa or a greencard (I-130)?? Was not appealing a right decision??

The Consular officer seemed to be a maniac to me who is ready to shoot his gun. He didnt seem to know Indian law at all (i figured it out since he was an American person)... I dont think on the basis of religious marriage pictures a fiance visa is rejected.. I really dont think so..

[Neonred 3,446]

When people talked about having a religious ceremony prior to the K-1 visa I've always thought it was a little risky, BUT to include these pictures as evidence was just... um... not a smart thing to do. Why would you do that? Just asking for trouble. Guess you are starting over.

Sorry.

[sauron 0]

My cutie and I had applied for a K-1 Fiance Visa in Oct. 2007. The petition got approved and my interview date was scheduled for 8th of April that is today. However i was denied a visa on the grounds that we had a Hindu Religious Ceremony in India. It was a Hindu Religious marriage but not registered; we didnt have any marriage certificate and that was the sole reason why we went in for a Fiance Visa.

Now this Consular Officer in Chennai tells me that we have attached our Hindu Religious Marriage pictures, so in India, in the eyes of law it is a marriage and that we are married! I kept on telling him that my Fiance is a Christian as well as a US citizen and i am a Hindu and an Indian citizen, so the religious ceremony is as good as an engagement, it cannot be termed as marriage just becos we had a religious ceremony.

But the Consular Officer rejected and didn't grant me a visa saying that we have applied for a wrong petition, and he cannot grant us a visa on the grounds that we have already given him a strong evidence ie., pictures of our religious marriage photographs. I kept on telling him that we couldnt register the marriage, so couldnt get a marriage certificate, and hence we applied for a fiance visa. but he told me that the photo evidence is strong enough for him to reject it.

The Consular officer first told me, "your husband must apply for a K-3 spouse visa for you." and then he told me "your husband should file an I-130 for you. He should file for your greencard. So you need to re-apply. at this moment i will advice you to withdraw your petition as your case is just gonna be dragged forever. and tell your husband to apply for a greencard." he made me write an affidavit saying that my husband and i are withdrawing the case and that he will apply for a K-3 spouse visa and greencard for me."

Now i am confused.. What should we file a petition for? K-3 visa or a greencard (I-130)?? Was not appealing a right decision??

The Consular officer seemed to be a maniac to me who is ready to shoot his gun. He didnt seem to know Indian law at all (i figured it out since he was an American person)... I dont think on the basis of religious marriage pictures a fiance visa is rejected.. I really dont think so..

Baby yeah what are we going to do now? I wrote a letter to the consulate about it, and referenced a petition that was denied but successfully appealed in a case similar to ours.

[ammike 0]

Im really sorry for what happened. .

I hope you guys can check it to your NSO thats what we call here if you really got married in your country. .

I dont know what else to say, but i felt bad too. . That you are tellling the truth then somebody wont believe you..

But i hope you didnt include photos that they supsect anything wrong

You cant apply for a K3 visa if you dont have a marriage CERT. so maybe its better for your Fiance to come back and marry you in your country and then start the K3 VISA ..

My cutie and I had applied for a K-1 Fiance Visa in Oct. 2007. The petition got approved and my interview date was scheduled for 8th of April that is today. However i was denied a visa on the grounds that we had a Hindu Religious Ceremony in India. It was a Hindu Religious marriage but not registered; we didnt have any marriage certificate and that was the sole reason why we went in for a Fiance Visa.

Now this Consular Officer in Chennai tells me that we have attached our Hindu Religious Marriage pictures, so in India, in the eyes of law it is a marriage and that we are married! I kept on telling him that my Fiance is a Christian as well as a US citizen and i am a Hindu and an Indian citizen, so the religious ceremony is as good as an engagement, it cannot be termed as marriage just becos we had a religious ceremony.

But the Consular Officer rejected and didn't grant me a visa saying that we have applied for a wrong petition, and he cannot grant us a visa on the grounds that we have already given him a strong evidence ie., pictures of our religious marriage photographs. I kept on telling him that we couldnt register the marriage, so couldnt get a marriage certificate, and hence we applied for a fiance visa. but he told me that the photo evidence is strong enough for him to reject it.

The Consular officer first told me, "your husband must apply for a K-3 spouse visa for you." and then he told me "your husband should file an I-130 for you. He should file for your greencard. So you need to re-apply. at this moment i will advice you to withdraw your petition as your case is just gonna be dragged forever. and tell your husband to apply for a greencard." he made me write an affidavit saying that my husband and i are withdrawing the case and that he will apply for a K-3 spouse visa and greencard for me."

Now i am confused.. What should we file a petition for? K-3 visa or a greencard (I-130)?? Was not appealing a right decision??

The Consular officer seemed to be a maniac to me who is ready to shoot his gun. He didnt seem to know Indian law at all (i figured it out since he was an American person)... I dont think on the basis of religious marriage pictures a fiance visa is rejected.. I really dont think so..

Baby yeah what are we going to do now? I wrote a letter to the consulate about it, and referenced a petition that was denied but successfully appealed in a case similar to ours.

[KimandRuss 0]

Sorry to hear that. You said he made you sign an affidavit withdrawing your petition?? Does that mean no chance for appeal now?? If you're sure you're not legally married and there's a chance for an appeal you should hire a good lawyer ASAP while the petition is still in India!

Any kind of ceremony is bit 'dangerous' when going through this process but one would think that a religious/cultural celebration would be more proof of a legitimate relationship and not reason to keep you apart. Slipepry slope ...and maybe some good advice for others.

Good luck to you both.

[Kez/JWolf 6]

Sorry to hear that. You said he made you sign an affidavit withdrawing your petition?? Does that mean no chance for appeal now?? If you're sure you're not legally married and there's a chance for an appeal you should hire a good lawyer ASAP while the petition is still in India!

Any kind of ceremony is bit 'dangerous' when going through this process but one would think that a religious/cultural celebration would be more proof of a legitimate relationship and not reason to keep you apart. Slipepry slope ...and maybe some good advice for others.

Good luck to you both.

Sorry to hear that you have been denied your K1.... to have any sort of ceremony is taking a big risk... and you should never include photos for what looks like a wedding.... no mater that it is not legal.... as you have discovered it is very hard to prove you are not married...

I would seel legal advice as soon as you can to determin what you need to do now....

Good Luck

Kez

[chris4gretchen 1]

The Consular officer seemed to be a maniac to me who is ready to shoot his gun. He didnt seem to know Indian law at all (i figured it out since he was an American person)... I dont think on the basis of religious marriage pictures a fiance visa is rejected.. I really dont think so..

Hi, while i feel really bad for you, how do you feel its the consuls responsibility to be an expert on Indian law? He is responsible to research and process Visa's to the USA. You applied for a Fiance visa, that means you are not married. Then you show him pictures of your wedding. Its not his job to research the legality of your wedding. He will go off the information you submit. You doomed yourself.

there are so many topics on VJ about non legal ceremonies and the K1 visa. How did you miss them saying to keep mum on any non legal ceremony, and it was dangerous ground? It is up to you to now prove you are NOT married and its very hard to do.

There are numerous couples who have a ceremony that is non legal while on K1. They dont blab about it to immigration and they certainly dont show the consul pictures of it. You will be stuck getting married legally and then applying for a K3. If immigration gets any wiff of a wedding on a K1 its over.

and fill out your timeline

Chris

Edited April 10, 2008 by chris4gretchen

[*JG* 2]

When people talked about having a religious ceremony prior to the K-1 visa I've always thought it was a little risky, BUT to include these pictures as evidence was just... um... not a smart thing to do. Why would you do that? Just asking for trouble. Guess you are starting over.

Sorry.

I tell people over and over again, not to have the ceremony at all. And, secondly, not to include any pictures which would make someone think you did.

NEXT person who reads this and is thinking of doing this........please WAIT till after the interview or something less risky!!!!

[TracyTN 237]

I wouldn't call that a silly reason for a denial, unfortunately. They had evidence that made them think you were already married - in which case, a fiance/e visa is inappropriate.

[Zee Bee 61]

I feel bad for you but can you blame the CO? You presented him with pictures that looked like a wedding ceremony. The burden of proof is on you to show that you are NOT married. The CO is there to prevent fraud, and the final visa approval is based on what the CO thinks. If he thought you were married....

Adding those pictures was risky to say the least. Did you not have other pictures or evidence of your relationship?

Good luck to you.

[catknit 144]

Ugh - I'm so sorry to hear about the denial. Yes, in India you would have had to follow the special marriage act for your marriage to be legal and on the books. But it looks like the CO has you marked as married - even though technically you aren't in the eyes of the Indian government. I would totally get an attorney involved at this point. I wouldn't be surprised if getting married [again, according to the US, and, for the first time according to India] would make the most sense - and then filing for the K3.

Keep in mind you need to register your intent to marry 30 days ahead of time to make it legal in India [i want to say at your local FRRO office, and you'll need witnesses....].

[*julez* 124]

I wouldn't call that a silly reason for a denial, unfortunately. They had evidence that made them think you were already married - in which case, a fiance/e visa is inappropriate.

I agree. Including pics from an unregistered ceremony doesn't seem like a wise thing to do. After all, you are trying to convince them to give you a visa so you can get married. If they have even one iota of suspicion that you are married you are shafted. In this case, they have more than one iota.

Good luck to you.

[Dino71390 0]

I do not know what your financial resources are but I think I would consult an Attorney who specializes in this type of case

And as a rule I will never sign anything in an event like this, I mean what is the worst if you do or did not sign? They don’t give the VISA which that sounds like what they did anyway.

I was very aggravated by the US embassy in Philippines when I first went and tried to get a Tourist VISA for my GF but I now understand why they said no and I had to file a K1. But my point is they can be very rude and obnoxious and just flat not helpful. Their policy is very clear and to the point in many respects. But to us it seems vague and a lot of open areas. Remeber we all have the right to a second opinion for something that we do not understand.

How are you making out with this?

I wouldn't call that a silly reason for a denial, unfortunately. They had evidence that made them think you were already married - in which case, a fiance/e visa is inappropriate.

I agree. Including pics from an unregistered ceremony doesn't seem like a wise thing to do. After all, you are trying to convince them to give you a visa so you can get married. If they have even one iota of suspicion that you are married you are shafted. In this case, they have more than one iota.

Good luck to you.

Edited April 10, 2008 by Dino71390

[Rosi and Chuck 0]

I'm actually an immigration lawyer, and I'm planning to do a religious wedding ceremony before the K-1 interview... Just what people don't recommend. It is risky, that's true - some would stay stupid - but there just isn't any substitute for it. It certainly may cause troubles, but if you stand your ground, it should come out ok in the end. Hindsight is 20-20, but the better course would have been to (a) refuse to sign anything withdrawing the visa, (b) ask to talk with a supervisor, and © hire a lawyer, if necessary.

Legally, you were in the right; though it would have been a good idea to have obtained further proofs that your ceremony wasn't a legally recognized wedding (since it is your "burden of proof" to show that you're still eligible for the visa, and the ceremony may give rise to doubts).

As has been pointed out, your act of withdrawing the visa may turn out to be harder to undo than the wedding ceremony. Honestly, I don't know if a lawyer would be able to help out too much at this point (though it couldn't hurt - unless it delays things). One thing you might try would be to go into the US citizen services section (so that you can make it past the front door), and ask to speak with someone - it's not going to be easy, but if you keep asking to talk with someone, it may work - don't get angry, don't get offensive, but keep pushing. You want to undo that withdrawal - you want to talk with someone - you want to talk with a supervisor - you want to talk with the Consul. Keep at it, and you may get somewhere.

Oh, and another thought is to contact your Congressional representative, a senator or representative can do amazing things when it comes to the consulates. They're helpless with USCIS, but DOS is responsive. In fact, I'd email them this weekend, before I went back to the consulate. That way, if things don't look good, I'd sort of let that slip into your conversation - you may find that it encourages them to listen to you more closely.

Good luck - sorry to hear of how things have gone for you. I sure hope that doesn't happen to us!

Chuck

PS - this is not legal advice, and should not be treated as such - if I were going to advise you, I'd be asking numerous other questions about your personal situation, and more on the specifics of what went on.

[chris4gretchen 1]

I'm actually an immigration lawyer, and I'm planning to do a religious wedding ceremony before the K-1 interview... Just what people don't recommend. It is risky, that's true - some would stay stupid - but there just isn't any substitute for it. It certainly may cause troubles, but if you stand your ground, it should come out ok in the end. Hindsight is 20-20, but the better course would have been to (a) refuse to sign anything withdrawing the visa, (B) ask to talk with a supervisor, and © hire a lawyer, if necessary.

Legally, you were in the right; though it would have been a good idea to have obtained further proofs that your ceremony wasn't a legally recognized wedding (since it is your "burden of proof" to show that you're still eligible for the visa, and the ceremony may give rise to doubts).

As has been pointed out, your act of withdrawing the visa may turn out to be harder to undo than the wedding ceremony. Honestly, I don't know if a lawyer would be able to help out too much at this point (though it couldn't hurt - unless it delays things). One thing you might try would be to go into the US citizen services section (so that you can make it past the front door), and ask to speak with someone - it's not going to be easy, but if you keep asking to talk with someone, it may work - don't get angry, don't get offensive, but keep pushing. You want to undo that withdrawal - you want to talk with someone - you want to talk with a supervisor - you want to talk with the Consul. Keep at it, and you may get somewhere.

Oh, and another thought is to contact your Congressional representative, a senator or representative can do amazing things when it comes to the consulates. They're helpless with USCIS, but DOS is responsive. In fact, I'd email them this weekend, before I went back to the consulate. That way, if things don't look good, I'd sort of let that slip into your conversation - you may find that it encourages them to listen to you more closely.

Good luck - sorry to hear of how things have gone for you. I sure hope that doesn't happen to us!

Chuck

PS - this is not legal advice, and should not be treated as such - if I were going to advise you, I'd be asking numerous other questions about your personal situation, and more on the specifics of what went on.

Are you going to include your wedding pictures in with your petition and at interview?

Chris