Richard B

1 minute ago, missileman said:

Where did you get this idea?  It is completely incorrect.  You can marry anywhere in the world, and the US will recognize it.  My wife and I were married in Taiwan...........and the US does, in fact, recognize our marriage..

I have seen incidents of documents rejected from other countries. Marriage certificates, dual citizenship I.D cards and more. That's the reason why I made those assumptions.

9 hours ago, tsabbas said:

When you completed the I-129F, did you check box 4a for K-1 (fiance) or 4b for K-3 (spouse)? If you checked 4b, you may not need to withdraw but instead just submit an explanation and the I-130 which should have been filed prior to the I-129F. It's doubtful the K-3 would get processed but you wouldn't have to wait for a withdrawal of the previous petition that way. 

I checked 4 B for spouse.  I made it clear on all occasions that she was my wife and not a fiancee. I did not hide that fact at all.

I assumed that a  marriage here in  a U.S court ONLY will be accepted and that a marriage outside the U.S does not count as valid to the USCIS.

6 hours ago, Illiria said:

 

I agree with JFH, this might come back to bite the beneficiary, your wife, if she signed a statement saying she intended to marry in the US when you were already married. They could interpret it as material misrepresentation, in that it was a material fact that was lied about in order to obtain an immigration benefit to which she was not entitled.

 

If you didn't include her statement of intent to marry withdraw the petition, if you did then I think you need to consult an experienced immigration lawyer.

Actually she did  not sign any statement to that effect. Such a statement was not added to the packet.

I actually checked 4 b. I indicated every step of the way that we got married  last year. I did not hide that fact.

5 hours ago, Paul & Mallory said:

I agree with others that you should at the very least respond to the RFE and make sure it's withdrawn appropriately. Not sure if it would cause any complications if you start over with the CR1 and left the K1 pending, but I would imagine it would come up at some point.

 

At any rate, be prepared to have to explain this - probably on more than one occasion - and possibly more vetting than you would have otherwise. Although it's simply a mistake on your part, it may raise a red flag of some kind. Don't take it personally if so, but just be prepared.

Thank you so much for the input. I will be ready every step of the way. I will consult an immigration attorney friend of mine.

4 hours ago, John & Rose said:

Yep...at least a year and they don't get their money back.  They are starting over from scratch...just like we had to.

That is absolutely crushing to read. I have a long way to go..

10 hours ago, JFH said:

This is worrying. As part of the I-129F you must provide a signed statement that you are free to marry and will do so within 90 days of the immigrant's arrival into the USA. Did you lie? You were not free to marry and had no intention of marrying. What part of "fiancé visa" did you not understand? Did you apply for the K-1 (believing it to be faster) knowing it was the wrong visa but hoping no one would notice? 

This was not done with any malicious intent. No I did not lie. I was never married before I married my current wife. Never married before.

The U.S government barely accepts documents or actions from other countries. They usually take it with a grain of salt. Lots of skepticism.

I assumed that until my wife gets here(into the US)  and we get married in a courtroom, we are still not married as far as they are concerned.

That was the reason why I filed the I-129 F. I did this with clear conscience and with absolutely NO malice in mind.

1 hour ago, Marcelina said:

I would answer RFE with a letter that you mistook visas and you will apply for CR-1 for your wife and you want to withdraw your I-129f petition 

Alright. I will get that done. Thank you for the replies. You've been very helpful. 

1 hour ago, payxibka said:

Six months?  Try a year plus from date of filing

Well... the wait begins. 

Good lesson for me. 

20 minutes ago, H&T said:

You are married so you can't file K1. Withdraw your K1 and do CR1 instead.

Thanks for the replies. 

Very helpful. 

15 minutes ago, milimelo said:

Major waste of time filing I129f when you are already married. Withdraw it and file I-130. 

I really screwed up on this one. 

Six months more wait time.

Very costly mistake on my part. 

17 minutes ago, Marcelina said:

To get a K-1 visa both of you have to be unmarried. The purpose of K-1 visa which is called fiancé visa is to get your fiancé to US and thn get married within 90 days.

 

Its very unfortunate but you will have to start all over and apply for CR-1 visa for a spouse. Don’t forget to notify USCIS that you want to withdraw  K-1.

 

 

Should I wait for them to deny that or I should file some "withdrawal forms"

1 minute ago, sumbunny said:

If you’re already married you should have filed for a CR1 and not a K1 Fiancé visa. 

 

Did you file an I-129F or a I-130?

I filed the I-129 F. 

Hello, please any helpful tips will be appreciated.

I got married outside the US in May 2017 to my (wife) beneficiary. I am a U.S citizen.

I filed the K-1 (I-129f) in October 2017. Exactly six months later (April 27th, 2018)  I got an email notification from USCIS about a status change.

They sent me a Request For Evidence to submit  divorce decrees from our "previous marriages" which  never happened.

On the I-129F forms I ticked "married" for questions #6 and #23 because I was married to my wife in October,2017. We are still married by the way.

They are assuming we were both married to other people before our marriage which is false.

We were never married to other people prior to our wedding.  The divorce document simply  does not exist.

Please how do I respond to this RFE. Does anyone have a similar experience?