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Our Story

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  1. My fiance had his interview on February 15th, which was the morning in Nepal but the night of Valentine's Day here in the U.S. I was getting all romantic and optimistic, but there is no love in legislation, and the consular officer refused my fiance's visa. The reason? We included a photo of a Hindu ceremony which he believed meant we were married, and ineligible for the K1 visa. Now it's been about a month, and I have been all kinds of confused, thinking he was outright denied, to thinking it was AP, and there was a sliver of hope. The CEAC status has been administrative processing since the interview. At times I have felt a whole lot of hope for the K1, and other times feel resigned to make other plans and slowly but surely apply for the CR1. A little background: I am a US citizen but I have been in Nepal for several years. I met my fiance in 2015 and now we have a child together. We are young and only want to be in America for a few years to earn some money. I have never posted on VJ, but have manically studied the site since we began our petition. Of all the things I did read, somehow I never managed to find anything about a religious ceremony being grounds for denial with the K1. On the contrary, I had read some things that said it was okay, and was not a legal marriage. Well, now I know! The thing is, I purposefully never filed for marriage because I wanted my partner to apply for this visa. In retrospect, it would have been so much easier to just get married. I have been with my fiance for the vast majority of our relationship in Nepal, and have struggled with immigration there because I was trying to stay on a different visa than the much easier marriage visa. The 'ceremony' we did have was also before I was even the legal age for marriage in Nepal (20 years old), and it wasn't legal. Very informal, just the two of us and a Hindu priest, and truly for religious reasons. Anyways, now my fiance has been refused under 221g, and I am having trouble understanding what to do. I have worked with the embassy in the past, and since I knew someone at the consular personally, I was able to ask him to check on the application. All he was able to find was that it was refused because our unofficial ceremony was deemed to be a legal marriage. I have sent a few well thought-out, well-written letters, but I fear they are not even read. All I want to know is should I give up the K1 or not? Is this administrative processing going to bear any fruit, or is it really just over?? I was informed our case is being returned to USCIS - I don't really understand if this is normal for AP, or if it is a set up for the case to expire. I feel very distraught, because I am in the U.S. with our toddler alone now, and my fiance and I don't even want to live in the U.S. long term. But right now? We really want to be here, together, while I am working and finishing school. Another year for the CR1 and it would almost be pointless...