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Jennifer Marie, Esq.
Jennifer Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 3370
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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How does the consulate office determine is valid in the you

Customer Question

How does the consulate office determine is valid in the you got married in ,
Submitted: 9 months ago.
Category: Immigration Law
Customer: replied 9 months ago.
I applied for a K1 visa in 1996 , was approved , married , divorced 2000 ,
I applied for a K1 visa in 2014 , was approved , I withdrew the petition ,
It is my understanding I am only allowed 2 petitions in a lifetime ,
I was told I can submit a waiver , and possibly be approved , I am applying for one 2016 ,
We got married in the Indian Hindu Temple , but due to the India marriage act of 1955 , we have to post our marriage 30 days in advance , or pay a huge bribe to get a Marriage certificate
What are the chances of being approved a 3rd time with a waiver , for a K1 Visa
Expert:  Jennifer Marie, Esq. replied 9 months ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

I am a bit confused with your question. You are asking about a K1 visa but then you are asking about a marriage. a K-1 marriage is only for people who are not married yet. If you are married you would no longer qualify to apply for the K-1 visa. Please clarify.

Customer: replied 9 months ago.
Here is the story ,
We were married in the Indian Temple , Indian law requires we post our wedding 30 days in advance , since we did not the government will not issue a marriage certificate ,
I applied for a K1 visa 2 times in the past one in 1996 , the other in 2014 , the last one was approved but I withdrew the petition ,
I thought I could apply for a 3rd one since I withdrew my last petition , I was wrong ,
I was told I need to submit a Waiver and possibly be approved ,
what re the chances of being approved on the 3rd time , with the Waiver
Expert:  Jennifer Marie, Esq. replied 9 months ago.

Are you considered to be legally married in India?

Customer: replied 9 months ago.
I am sorry I am stationed in Afghanistan I don't have a valid phone number
Expert:  Jennifer Marie, Esq. replied 9 months ago.

I am not sure what you mean about the phone number.

I asked - Are you considered to be legally married in India?

Customer: replied 9 months ago.
No , because , we did not post our marriage 30 days in advance according to Indian law , but we married by a priest in the Temple ,
Expert:  Jennifer Marie, Esq. replied 9 months ago.

What are the chances of being approved a 3rd time with a waiver , for a K1 Visa?

There is no way to assign an exact "chance" to your case. However, when you submit your written request you should explain what happened in your first marriage and also explain that you withdraw your petition in 2014 and why. Submit any documentation that you think may help and supports your claims. Since the first one was a long time ago, over 15 yrs , there's a good chance of approval. However your second one was less than 2 years ago so you should give a good compelling explanation about what happened.

Does the US consulate investigate every marriage do they contact the registers office?

They may investigate the marriage. The consulate does not divulge information about whether they actually look into every marriage. However, if you are not legally married then it should not be an issue.

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