The main issue is here for me. This is taken directly from the i130 page 8 of 12.
on Part 5, Question 5, what exactly would I put for my i129F petition/fiance's K1 application outcome?
is it saying petition only (the i129F only and not the visa application)? in which case i would put APPROVED for the i129F that i filed? or is it now Pending since I sent my Withdrawal request just this afternoon, not knowing if it has even been officially Denied or allowed to expire. Is putting Expired a possible option here? According to that piece of paper my fiance was given, it could still possibly be Revoked too..
or should i wait a few weeks and call USCIS to find out what they officially consider my case now?
Hey all, new to VJ, but I've been reading numerous posts here and have come to realize that this place is an excellent source of knowledge and guidance. As such, I thought I present our situation and see what feedback you guys would be able to provide. Before I begin, it should be noted that our K1 visa interview was not a success, and my fiance was given her passport back, with the Consulate Officer asking her "why she didnt file for a spouse visa," telling her that she should "get the marriage certificate with the correct dates" and "file for a spouse visa" and that "dont worry, this is not robbery."
I (petitioner) met my fiance online and we talked everyday for about a year. Finally, I decided to go and physically meet her. I met her family and friends and then since that time I went back 3 times and spent 2 weeks with her each time, traveling around India and getting to know each other. Finally, I proposed to her and we had a social ceremony with all the bells and whistles. It was not religious nor civil, but we did have a ceremony, with the understanding that we would ultimately be married in the US where I work and live. I returned stateside and being under the impression that we were engaged, filed for a K1 visa a few weeks after the ceremony. In my I-129F petition, I provided the same photos as I would later send for the interview. These photos included pictures of the ceremony and of us traveling together. The I129F was approved with the same information and documents, went through the NVC without any trouble, filled the DS160, went to biometrics and medical and setup the interview.
During the interview, the Consulate Officer kept saying she was married based on the photos we had submitted since the first day of filing the I-129F. She maintained that we were engaged, but ultimately, he handed her this piece of paper and gave back her passport with the comments I mentioned above.
Now I've read most people say that you should get married and file for the spouse visa. But I've also read Marc Ellis's articles regarding returned petitions. Mine was processed through California Service Center (based on my case number beginning with WAC). Most people on VJ say that it will expire and that will be the end of that. But then I have read that DESPITE being expired, there can be a NOIR (Notice of Intent to Revoke), which can result in a "P6C marker" which will require a i-601 waiver if it is not successfully rebutted. It has been a week since the interview and since then we have been extremely concerned about our future together and what options we may have. She has gone to the Marriage Registrar that has jurisdiction over the place where we had the ceremony ( in a party hall of a hotel in a small village by her parents house) and told them the situation, and they have concluded that if the ceremony was not religiously performed in a temple, and if no court was involved, than it is not considered a marriage. They then provided her a stamped documentation stating that as of the current date, she is not considered married in the eyes of the law.
i should also mention that the I-129F was to expire on Nov 24, 2018, and we didnt know we could withdraw the petition or application, and so, we dont know what is going on at this point. With regard to the piece of paper she was given after the interview, we don't know what their reason was to deny us, other than being "too married" based on what we only considered as a social ceremony to indicate our commitment to each other. Since filing, I have remained stateside, in case I would need to address any correspondence, but we have talked for hours everyday. Without knowing the exact reason for denial, we don't know how to proceed. After the interview, we did obtain proof from the Indian Govt. that she is free and able to marry as a single person, with no prior divorce or pending divorce.
I have seen one other case who was issued this piece of paper, but I don't know what their outcome was, or how they proceeded.