k1 visa rejected at chennai consulate

[sauron 0]

I just got a call from my fiancee, Chennai rejected our visa because of photographs showing us in a hindu religious marriage ceremony. The reason we had applied for the K-1 Visa is that we were unable to register our marriage, so it was not a legal marriage and we would not be able to provide proof of its legality if we had applied for K-3. Apparently they gave her a form to fill out which withdrew the petition after advising her that it would be more expeditious if we were to refile under K-3 rather than appeal!!! I'm devastated, and thinking about taking a leave of absence from my job so that I can stay with her in India until this gets sorted out. Can congresspeople resolve the situation after it has gone to the consulate for approval/rejection? Or are they not useful after NVC has sent the petitition to the consulate? Is there even any point trying to fight it since she has filled out and submitted the form to withdraw the petition? I feel like she has just been railroaded.

[Sal and Jay 2]

I just got a call from my fiancee, Chennai rejected our visa because of photographs showing us in a hindu religious marriage ceremony. The reason we had applied for the K-1 Visa is that we were unable to register our marriage, so it was not a legal marriage and we would not be able to provide proof of its legality if we had applied for K-3. Apparently they gave her a form to fill out which withdrew the petition after advising her that it would be more expeditious if we were to refile under K-3 rather than appeal!!! I'm devastated, and thinking about taking a leave of absence from my job so that I can stay with her in India until this gets sorted out. Can congresspeople resolve the situation after it has gone to the consulate for approval/rejection? Or are they not useful after NVC has sent the petitition to the consulate? Is there even any point trying to fight it since she has filled out and submitted the form to withdraw the petition? I feel like she has just been railroaded.

Im sorry to hear this but I dont understand why you would show them such photographs, as the K1 is for unmarried couples. Im sorry I cannot give you any advice as to what you should do now.

[sauron 0]

I just got a call from my fiancee, Chennai rejected our visa because of photographs showing us in a hindu religious marriage ceremony. The reason we had applied for the K-1 Visa is that we were unable to register our marriage, so it was not a legal marriage and we would not be able to provide proof of its legality if we had applied for K-3. Apparently they gave her a form to fill out which withdrew the petition after advising her that it would be more expeditious if we were to refile under K-3 rather than appeal!!! I'm devastated, and thinking about taking a leave of absence from my job so that I can stay with her in India until this gets sorted out. Can congresspeople resolve the situation after it has gone to the consulate for approval/rejection? Or are they not useful after NVC has sent the petitition to the consulate? Is there even any point trying to fight it since she has filled out and submitted the form to withdraw the petition? I feel like she has just been railroaded.

Im sorry to hear this but I dont understand why you would show them such photographs, as the K1 is for unmarried couples. Im sorry I cannot give you any advice as to what you should do now.

The decision was not the brightest one in hindsight, but at the time it seemed like a way to provide very incontrovertible evidence of a relationship. I guess I'm looking for advice on the appeal process rather than an examination of earlier decisions. Would it be beneficial to call a congressman at this point? Or an attorney? Actually the most relevant question is: how long does it take to file and have an appeal processed? Because filing for a K-3 visa, assuming I go back over to India and get married again(legally this time), would take another 6 months!

[CarolynRitesh 0]

I am sorry that your K1 visa did not come through for you, I can imagine that what you thought would be the day you found out your wife would be able to come to you and now she will be delayed is heartbreaking!

I have a feeling that involving congressmen, etc. could just delay the process further...

Why not trying emailing the Consulate, explaining in further detail what and why you took the K1 steps (the marriage is not legal at this time, and another one will be performed in the US) and see what they say? The problem is, if the marriage is not legally recognized in India, you WON'T be able to do the K3 as they will look for that evidence in your K3 visa petition... Quite a quandry... Even if you move to India, in order to do a DCF process (which was quite fast for us!), you would have to stay for several months to qualify to file an I-130 in Delhi.

Perhaps a consulatation with an attorney would help navigate this process a little better, but be careful in who you select, make sure they have dealt with this kind of situation before. (I know it is not the first time this has happened in USCIS/Consulate history!)

I wish you luck and speed in your journey!

[motu 5]

I have posted advice here before, many times - even last month, I told someone to not take pictures of their engagement ceremony for their K1 interview because Indian ceremonies are so elaborate that even to me (I am an Indian) they look like weddings. Why you believed that would be incontrovertible evidence of relationship and not marriage is not clear - can you see the fallacy in your logic now? In the K1 visa you are saying that you are not married - so no pictures of those elaborate Bollywood ceremonies - just family pictures showing you on the beach etc. For K3 yes you can show them those pictures.

That said, contact an immigration attorney and see what they can do for you. Some of them, especially in New York, have done all sorts of cases and know the inside-out's of such situations - you are not the first one to be in this situation. Also, most initial consultations are free. Do not go back in a hurry - talk to an attorney first and then decide. Good Luck

[sauron 0]

I have posted advice here before, many times - even last month, I told someone to not take pictures of their engagement ceremony for their K1 interview because Indian ceremonies are so elaborate that even to me (I am an Indian) they look like weddings. Why you believed that would be incontrovertible evidence of relationship and not marriage is not clear - can you see the fallacy in your logic now? In the K1 visa you are saying that you are not married - so no pictures of those elaborate Bollywood ceremonies - just family pictures showing you on the beach etc. For K3 yes you can show them those pictures.

That said, contact an immigration attorney and see what they can do for you. Some of them, especially in New York, have done all sorts of cases and know the inside-out's of such situations - you are not the first one to be in this situation. Also, most initial consultations are free. Do not go back in a hurry - talk to an attorney first and then decide. Good Luck

Yeah, I posted a question about the engagement ceremony pictures a couple months back as well, but since we filed in August there wasn't anything to be done about it except pray. When the NOA2 came I thought we were in the clear. Guess not. I emailed Marc Ellis after hearing some positive stories from other members of this website. Hopefully he can help me out. Here is the email I sent, in case anyone else can provide unofficial advice.

>I just spoke with you on the phone. I came upon Marc's name as I am a member of visajourney.com, a forum in which he posts. He is highly >recommended by other users of that website. I hope he will be able to help my fiance and I.

>My fiance's visa was denied because: the CO believed that our pictures of the religious ceremony, along with my letter explaining that we got married >but were unable to register the marriage, constituted a legal marriage. Therefore, she is not eligible for the K-1 Visa and must file a K-3 instead. >The CO persuaded her to sign an affadavit stating that we have been informed that the pictures along with the letter constitute a legal marriage and >that we are withdrawing the K-1 petition. He issued a 221(g) blue form. My fiance, Sushma, is traveling back to her home in Hyderabad right now, >she will scan the affadavit and 221(g) as soon as she returns.

>I am not convinced that this marriage is legal. I have attached a sustained appeal in a case similar to ours filed at the Mumbai Consulate in 2003. >There, the officer reviewing the case held that if a marriage is not legal in the country of the beneficiary, it cannot be considered legal for immigration >purposes. In fact, the reason we filed the K-1 rather than the K-3 is because we could not register the marriage.

>So, I have a few questions:

>1. Is this K-1 petition terminated because she signed an affadavit stating that it be withdrawn?

>2. Is it possible to withdraw this affadavit?

>3. If we can withdraw the affadavit and keep our existing K-1 alive, can Marc help fight the 221(g), that is, prove to the consulate that the marriage >is not valid?

>4. Is it worth even fighting the 221(g)? Would it be faster to simply refile as K-3 after I enter the country to remarry and register the marriage (I already plan to do this in May)?

>5. What are the fees for Marc's services?

[Nutty 2]

I got married in India...Small town too.

Why couldn't you register the marriage?

Even a piece of paper from the local Panchayat may have been sufficient for the Embassy.

PS:

OR at least get a letter explaining that you have only had a religious ceremony of ENGAGEMENT from a the local panchayat.

Edited April 8, 2008 by Nutty

[maya62 7]

Sauron,

I am sorry to hear this. However, there is a fallacy in what the CO told your fiancee. If you are indeed legally married under Indian law, there should be no need to go over there and get married "again" (as you mentioned in your review of the Chennai consulate). As you have seen, that is the point of the USCIS appeal from 2003. You should be able to simply file a K3 application as things now stand.

I can't really advise you, but I can tell you what I would do ASAP ASAP ASAP, while the petition is still at the Consulate. I would contact a reputable Indian immigration lawyer in this country, hopefully one who has professional contacts in Chennai who work with the Chennai consulate. I would explain the situation and see what they recommend. I would also explain to them that I am planning, imminently, to do the following:

I would also contact both my US Senators and my US Rep and ask to speak to one of their immigration liaisons. Explain the situation, tell them about the appeal ruling and the instructions of the CO, and be sure they understand that I am trying to turn this thing around BEFORE IT LEAVES THE CONSULATE.

And I would write as diplomatic a letter as possible to the Consulate about this and FAX it to them, along with a copy of that appeal and a detailed explanation of why I believe I am not legally married under Indian law (and point out that apparently the CO believes the same, otherwise why would he have advised your fiancee to get married "again").

And I would make it clear, to the liaisons and in my letter to the Consulate, that I believe that my fiance signed that affidavit "under duress".

That's what I would do. I think many people, when faced with the prospect of further lengthy separation, would leave no stone unturned in the effort to change the outcome of this. That, in itself, is good evidence of your sincerity.

I'll post this in your thread about the denial, too, in case anyone wants to offer alternatives or thinks that my ideas are not advisable.

I wish you all the luck in the world.

Maya

ETA: To be clear: I would definitely try to overturn this decision first at the Consulate (not the same as a formal appeal), before I would start all over. But I would start all over before I would try a formal appeal. To try to get this turned around at the Consulate, my understanding is that you need to act FAST. And the folks who seem to me to have the US end of the Batphone to the Consulates, are the immigration liaisons that work on Congressional staffs.

Edited April 9, 2008 by maya62

[sauron 0]

ETA: To be clear: I would definitely try to overturn this decision first at the Consulate (not the same as a formal appeal), before I would start all over. But I would start all over before I would try a formal appeal. To try to get this turned around at the Consulate, my understanding is that you need to act FAST. And the folks who seem to me to have the US end of the Batphone to the Consulates, are the immigration liaisons that work on Congressional staffs.

I emailed the Consulate about 2 hours after the visa was denied. I've also spoken with the immigration liaison to my U.S. Rep and explained the situation and the importance of time. Hopefully something happens soon. Is it wise to email the consulate already asking if they have seen my original email, sent yesterday, and if they're examining my arguments? Or will they just get pissed at me for bugging them so soon?

[CarolynRitesh 0]

Sauron,

I am sorry to hear this. However, there is a fallacy in what the CO told your fiancee. If you are indeed legally married under Indian law, there should be no need to go over there and get married "again" (as you mentioned in your review of the Chennai consulate). As you have seen, that is the point of the USCIS appeal from 2003. You should be able to simply file a K3 application as things now stand.

I can't really advise you, but I can tell you what I would do ASAP ASAP ASAP, while the petition is still at the Consulate. I would contact a reputable Indian immigration lawyer in this country, hopefully one who has professional contacts in Chennai who work with the Chennai consulate. I would explain the situation and see what they recommend. I would also explain to them that I am planning, imminently, to do the following:

I would also contact both my US Senators and my US Rep and ask to speak to one of their immigration liaisons. Explain the situation, tell them about the appeal ruling and the instructions of the CO, and be sure they understand that I am trying to turn this thing around BEFORE IT LEAVES THE CONSULATE.

And I would write as diplomatic a letter as possible to the Consulate about this and FAX it to them, along with a copy of that appeal and a detailed explanation of why I believe I am not legally married under Indian law (and point out that apparently the CO believes the same, otherwise why would he have advised your fiancee to get married "again").

And I would make it clear, to the liaisons and in my letter to the Consulate, that I believe that my fiance signed that affidavit "under duress".

That's what I would do. I think many people, when faced with the prospect of further lengthy separation, would leave no stone unturned in the effort to change the outcome of this. That, in itself, is good evidence of your sincerity.

I'll post this in your thread about the denial, too, in case anyone wants to offer alternatives or thinks that my ideas are not advisable.

I wish you all the luck in the world.

Maya

ETA: To be clear: I would definitely try to overturn this decision first at the Consulate (not the same as a formal appeal), before I would start all over. But I would start all over before I would try a formal appeal. To try to get this turned around at the Consulate, my understanding is that you need to act FAST. And the folks who seem to me to have the US end of the Batphone to the Consulates, are the immigration liaisons that work on Congressional staffs.

Thanks for sharing your insight Maya, I hope that Sauron is able to act quickly enough to get this turned around! Any idea of how fast a Consulate moves these things out of their hands? Sauron, you are not alone, Kshatriya also faced similar circumstances in Chennai on April 4th - maybe you guys could chat about the steps you are taking! Keep posting with the progress, it could help quite a few others out there I'm sure!

Also, is there anyway to copy/move this to the South Asia forum where others who share this problem are more likely to see it?

[dilbert30 0]

Sauron - I am interested to know what happened with your case. Was anyone able to interefere? Also, where did you read that a religious wedding in India is not considered as a legal wedding? In hindsight, what would you have done differently? Not shown your religious wedding pictures - was that the deal breaker? I am trying to get a better understanding of the process. Thanks.

Edited October 13, 2008 by dilbert30

[Hannahcat 0]

I just got a call from my fiancee, Chennai rejected our visa because of photographs showing us in a hindu religious marriage ceremony. The reason we had applied for the K-1 Visa is that we were unable to register our marriage, so it was not a legal marriage and we would not be able to provide proof of its legality if we had applied for K-3. Apparently they gave her a form to fill out which withdrew the petition after advising her that it would be more expeditious if we were to refile under K-3 rather than appeal!!! I'm devastated, and thinking about taking a leave of absence from my job so that I can stay with her in India until this gets sorted out. Can congresspeople resolve the situation after it has gone to the consulate for approval/rejection? Or are they not useful after NVC has sent the petitition to the consulate? Is there even any point trying to fight it since she has filled out and submitted the form to withdraw the petition? I feel like she has just been railroaded.

Im sorry to hear this but I dont understand why you would show them such photographs, as the K1 is for unmarried couples. Im sorry I cannot give you any advice as to what you should do now.

The decision was not the brightest one in hindsight, but at the time it seemed like a way to provide very incontrovertible evidence of a relationship. I guess I'm looking for advice on the appeal process rather than an examination of earlier decisions. Would it be beneficial to call a congressman at this point? Or an attorney? Actually the most relevant question is: how long does it take to file and have an appeal processed? Because filing for a K-3 visa, assuming I go back over to India and get married again(legally this time), would take another 6 months!

G

[sara..... 371]

never ever unless u have registered ur marraige and ur filing for a marraige visa include religious ceremony pics

if u have a religious ceremony and want to file as married u have to register ur marraige, its kind of a catch 22 if u dont register it and u try for married visa they will say ur not legally married if u have the religious ceremony and dont register it and go for k1 visa they will assume ur married

sara

[sachinky 464]

In India, a "religious ceremony" is considered LEGAL marriage. You just need to register it and obtain a marriage certificate as proof for immigration purposes.

Why wouldn't you register the marriage or more importantly, WHY would you show pictures of a religious wedding at a K-1 interview for your fiancee? You're proving bonafide RELATIONSHIP not MARRIAGE.

What the CO meant by getting married AGAIN, was registering that marriage and then applying for CR1 or K3.

All said and done, I wonder what happened with this case. Any updates?

Edited October 23, 2009 by sachinky

[Gary and Alla 3,694]

I just got a call from my fiancee, Chennai rejected our visa because of photographs showing us in a hindu religious marriage ceremony. The reason we had applied for the K-1 Visa is that we were unable to register our marriage, so it was not a legal marriage and we would not be able to provide proof of its legality if we had applied for K-3. Apparently they gave her a form to fill out which withdrew the petition after advising her that it would be more expeditious if we were to refile under K-3 rather than appeal!!! I'm devastated, and thinking about taking a leave of absence from my job so that I can stay with her in India until this gets sorted out. Can congresspeople resolve the situation after it has gone to the consulate for approval/rejection? Or are they not useful after NVC has sent the petitition to the consulate? Is there even any point trying to fight it since she has filled out and submitted the form to withdraw the petition? I feel like she has just been railroaded.

Why on earth do people show such photos? You didn't have anything of you together at a local tourist trap or something? This question of religious marriage comes up all the time, I always advise against it...this is why.

Then she goes off signing papers without talking to you. Obviously your fiancee was not prepared. Good luck. If you choose to refile, get someone to help you with this, someone familiar with the local customs, the consulate...not a US based attorney.