Allie D

Here's information from a law firm website
 

Agreed, since the petitioner and beneficiary will have included a lot of evidence in order to get the K-1. I know of two people in real life adjusting from K-1 who added a few wedding photos, their new rental lease, driver's licenses with the same address, proof that the K-1 spouse had been added to USC's employer-provided benefits, etc. These couples weren't called in for a AOS interview (granted, that could be for various reasons, and not just because they submitted additional information). A lot of additional evidence isn't necessary for the K1 --> I-485 but some can't hurt.

The mother has no income and the family does not own land in the Philippines. The father is on a pension. The parents have no dependents. I believe that these factors will make it more difficult to get an approval.

No.  Since the beneficiary is the one that is the bigamist, he is not qualified.  It doesn't matter if everything he did was legal in a foreign country.  EVEN IF all his marriages are legal where performed, being married to two people at the same time is a bar for him to adjust status.
 
Your premise is wrong.  In your scenario, the petitioner for spouse #1 is the polygamist.   Spouse #1 has only one husband and would not be entering the US to practice polygamy.   She is not a polygamist, so she can adjust.
 
Completely different situations.

It doesn't matter if the visa was denied or not, it can still be material in the sense that one "attempted" to gain a benefit.   Also would count as material because it closed off a line of questioning concerning ties to his home country.
 
It sounds as if the problem happened when you weren't legally married but said that you were (by putting it on documents as married).  Now when you're with someone else, you've got to show that you were never legally married even though you stated you were.  Cultural marriages happen all the time like this, my fiance's brother had a traditional marriage in Nigeria while he was physically in Canada and his fiance was physically in the US.  The difference is, they registered their marriage with the government and later consummated the marriage- so it is legal in the eyes of the US.  Your issue was stating that you were legally married without making the marriage legal.  As others have stated, it makes it seem as if you purposely lied to try and prove ties and subsequently came up with the "I was married but not legally" story.  No one (especially a CO) knows which one is true, and that's where the trouble is.  Either way, honesty is key.  If you lied on purpose, say that you lied on purpose.   If you put married because you were traditionally married, then say that.   The issue with scenario two is that you put in the most recent paperwork that you had never been married.
They probably will not really buy the whole "traditionally married" but not legally married story because now you've come back to say you've never been married.  
 
I feel for you if you have been misguided with horrible immigration advice from someone in regards to this paperwork.  But when you signed your name, you swore that every piece of information was correct and true.  As someone said, ignorance is not innocence. 
 
There's ways to fight yourself out of this but you have to be completely honest and be ready for a lengthy process.

Many people including my relatives in Vietnam do not have a problem with lying on legal forms.  They don't think it's a big deal or important.  There is always a fixer to help if there are problems.   I have relatives with 2 or 3 different birth certificates obtained at different times in their lives.  To them, it's just paper.  You can always have a redo if you lie on a previous legal form.
 
Once they get to the US, they slowly start learning the importance of one set of facts on all legal forms and keeping records.  They learn that there are no fixers and it's extremely hard to fix a lie or fix accidental inaccuracies in their records.

This is more than a little ignorant of you to say when your next post accuses the OP of lying about his marital status.
 

Another K1 is a waste of time, effort, and money.  You need to dig yourself out of the hole you have created first before you move onto another visa filing.
Remedy your married, not married situation first, then worry about working towards a CR1. 

In many poor countries, paperwork is not important.  Just put whatever you want because there are no consequences because it's hard to match up paper files.
 
Welcome to the 21st century as poor countries start digitizing everything and keeping databases.  Once they get used to this like we have in the West, they will start to see the importance of being truthful and have one true set of facts. 
 

I don't understand people who can lie to USCIS and expect to get approved for any sort of immigration visa,once you tell one lie another will surely follow 

You have completely screwed yourself.  In the eyes of the US Embassy, you are a liar who is not to be trusted.
 
You lied about being married because you though it would be easier for you to get to the US, and it is now having consequences.  You can not unring the bell.  
 
If you pursue another K1 or a CR1 spousal visa, you will still need to provide proof that your "prior marriage" ended with a legal divorce.  This problem will not go away.  
 
Get a good immigration lawyer.

Just from what you posted I can see why you were denied. You have made it very difficult for a CO to believe if you are married or not. All of this multiple filings and putting status that aren't true are coming back to haunt you now. Plus you are working with one of the most difficult embassy.
 
If you continue with claiming false information you will be at risk if having a permanent ban from the US. Always tell the truth. There is no "kind of" married. Either you are or you are not. Since it is on record of you putting married on file and the CO noticed it, then filing another K1 will lead to another denial. You can get married and file a spousal visa but that does not guarantee an approval. At some point you may have to explain why you were falsifying immigration documents by claiming you were married. 
 
A spousal visa takes a year if the spouse is a US citizen. It takes almost 2 years if the petitioner is a permanent resident (green card holder).

I always thought it was best to leave the phones and electronic devices in the car.  I know it seems archaic to print out photos and put them in an album, but whatever works.  I have heard stories regarding people coming to the USCIS office via public transportation being allowed to have their phones after going through security, but they were told to turn them off.
 
Good Luck!

I've been on here a long time and have seen many cases.  When they're asking about money, they're usually looking to see two things 1) will the intending immigrant possibly be a drain on the welfare system and 2) are they using the USC for benefits and/or money.

Money transfers don't show evidence of a relationship. People trying to commit immigration fraud can do it just as easily as those in a legitimate relationship. Financial commingling does (being on joint accounts, having bills together, etc.), but one-way money transfers don't.
 
The affidavit is for the public charge concern, not anything to do with fraud. I think you're looking at this only in the positive case - of course a real fiance/spouse would want to help out financially (and that's fine). But there's also the negative test that the COs will look for - a scammer using a USC. Try looking at it from both angles as the COs are there not only to issue the visa, but to protect the petitioner. One-way payments don't prove a relationship.
 
But yeah, just providing some support isn't an issue. But, for instance, sending 3x the average local salary every month may raise some concerns that it's not actually for just the purposes stated in the interview (I'm assuming the payments were mentioned in the interview because requesting receipts is not the norm). It's all about the details and context. If things check out, it should be fine.

Correct, I meant entering on said visa. As for "why", it's because F1 is a non-immigrant visa so you cannot enter with the intent to adjust. However, there are circumstances where people change their mind after entering (i.e. in the OP's case before he leaves the US), and AOS is fine for that.
 
Exactly, subtleties. And your understanding is correct - you can change your mind once inside the country, but not enter with that intent.

Yes, this does matter. You are not permitted to obtain or use a non-immigrant visa with the intent to stay and adjust in the US. You are permitted to marry and even file for a CR-1 visa in the US, but not enter with the intent to stay within the US and file for AOS. Yes, assuming your existing EAD is still valid. No. Once you file for AOS, you cannot leave the country until AP is obtained (ETA: 3-4 months from filing). You would almost certainly not be permitted back in on a non-immigrant visa like an F-1 after having filed AOS. AOS is abandoned the moment you leave the US without AP. The same rules apply at every entry. You can propose and enter fine (or even get married). You may need to show sufficient ties to return home to overcome those ties to the US. You can renew your passport at your local embassy within the US. An expired passport is certainly better than no passport, but I would suggest having a current passport.

I must say even though I said you will get through I doubted the story half way through...now that JFH has put it this way - I don't think your story is believable as clearly many of us thinking the same and surely a CBP officer trained for such stuff would doubt it.  you also don't mention if you finance is joining you - pretty vague.
 
Sounds more like someone got cold feet and now changed their mind again or possibly met someone else - whether true or not - that's how it looks.

If you are absolutely honest, again as someone suggested get max proof - her admission in UK, your exact initial travel plans, what is remaining and more.

The scenario raises a couple of questions for CBP. You have already demonstrated immigration intent and have no real ties to the U.K. You left the U.K. with the intention of going for good and went to great lengths to convince immigration that you should be granted a K-1 visa only to "change your mind" when you arrived. Sounds like you have no job if you are considering going back again right away. Your reason for abandoning the USA sounds suspicious - with the greatest respect to you. Your girlfriend just decided within a space of less than 90 days to transfer her studies to the U.K. after having spent over $1000 to get you in to the country and going through all that paperwork, medical, you quit your job and left your family... And she got a place at a university and a student visa that quickly in the middle of the academic year? I doubt that CBP will buy that story. I'm struggling to believe it. 
 
And you you say you want to go back to complete your holiday? What holiday needs to be completed? You just had a 90-day holiday. The CBP officer will likely feel that is sufficient time already for a holiday. 
 

Technically it's not a transfer. The potential employer files a new H-1B petition but doesn't need the current employer's permission. The "transfer' misnomer probably arose because the new H-1B petition isn't cap-subject.
 
https://www.murthy.com/2017/04/20/h1bs-cannot-be-transferred-misconceptions-around-h1b-employment-change/

Just show up in the good ol' U.S. of A with my USC trophy wife. 
 
Why didn't I think of that? It was so simple! I mean, I only five a few hundred feet from the border. I can see America from my house!
 
I'm making this whole file-thei-130-file the i-864-from-my-wife-file-the-i-864-from-my-co-sponsor-get-my-vaccines-get-my-medical-get-my-police-report-pay-lots-of-money thing a lot more complicated than it needs to be. 
 
Seriously, the issue of illegal aliens in the U.S.A. are a slap in the face to those of us who have and are muddling through the immigration process, paying the fees, enduring the bureaucracy, the travel, the interviews, and most importantly, the separation (sometimes lengthy) from our loved ones. Just to satisfy the bureaucracy. 

The Graun is know for twisting stories to suit its agenda. One of the clues is when they do not allow comments.

As we have seen deportations it seems that there are many stories out there that suggest are not telling the 'whole' story.  You have to ask yourself, why, are people who have been in the USA for years are married to USC spouses and have kids not already in possession of a green card.  Have not already filed for Adjustment of Status etc.?   Further, I wonder how someone who has overstayed a visa and (especially a tourist visa) managed to pay taxes without a social security number?  Or for that matter how they were employed without a social security number?   Sadly as good as the media can be I think the folks on this site know more and can do some sanity checking of what is being reported perhaps with a bias.

I'm trying to have sympathy for this woman. In the country illegally since age 5 with a felony conviction for forgery. Drives a BMW and does not pay a traffic ticket.
They think they are untouchable whilst people in family immigration cannot get family members or fiances with squeaky clean records past the relationship police in Department of State.
http://www.latimes.com/local/california/la-me-immigrants-with-criminal-convictions-20161118-story.html

I would like to note that just because YOU think you have a happy marriage and that YOU think you can reconcile with her does NOT mean that's the case.

No happy marriage has a wife go to another state, in anger, 4 months into the marriage. 4 months of marriage should still be a honeymoon period.

If she does not want to reconcile, she does not have too.


If you get divorced, you will not get a green card. If you do not get divorced and you wife does not show, you will not get a green card.

Even if you hire a lawyer, a divorce would not be finalized by wednesday, and again, if it was, you still don't get your green card.


Also, JUST because you marry someone does NOT entitle you to live in the US. You have to prove that your relationship was bona fide, real, and NOT just for you to stay in the US and honestly if your wife maybe felt used, I could absolutely understand why she left four months into the relationship. 

I hope your wife finds this thread and gives it to USCIS. Clearly you're willing to marry anyone to stay here, and that's not how this works.


It's best that you go home, no one here is going to help you commit immigration fraud by telling you to just go find another person to marry (except that one guy).


Once your green card is denied, you will be deportable.