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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4751
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I am a U.S. Citizen who applied India National Fiance under

Customer Question

Good Evening.
I am a U.S. Citizen who applied for my India National Fiance under the K-1 Visa program.
Our paperwork was in complete order and was approved on January 11, 2016. She went for her interview at the Embassy in New Delhi on May 3, 2016. Unfortunately, they denied her Visa under the grounds that they felt there was sufficient evidence that were already married.
Now comes the back story. We DID get married in India on May 3, 2014. Unfortunately, due to me not being able to produce my previous marriage "divorce paperwork" that my X told me she had (she is a foreigner living in a country with no diplomatic relations with the U.S.), I was forced to file for a new divorce here in the U.S. and it was approved on Nov 11, 2014. Unfortunately, that meant our marriage in India for U.S. legal purposes is void!
A few questions:
1) How come the U.S. Embassy didn't honor her Visa request when indeed under U.S. law our marriage in India was null and void and therefore she did qualify for a K-1 Visa?
2) What is the best avenue to take now to bring her here? Do we do another K-1 Visa process? Or do we try to go the Spousal I-130 Visa, under great risk that they will deny it based on the fact that my divorce paperwork dates "after" we were married? It's a tough issue that local Immigration attorney's don't want to bother to answer.
Thank you!
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

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

I'm very sorry this happened to you and your fiance. I'll try to help the best I can but please understand that with immigration law sometimes there's no perfect answer but instead a few options.

1) How come the U.S. Embassy didn't honor her Visa request when indeed under U.S. law our marriage in India was null and void and therefore she did qualify for a K-1 Visa? Since I do not work for the US government and I was not there, I cannot know for sure their reasoning for denial. It sounds like they may believe that under Indian law, you two are in fact legally married. The marriage has to be valid in the country that it happened, not under US law.

2) What is the best avenue to take now to bring her here? Do we do another K-1 Visa process? Or do we try to go the Spousal I-130 Visa, under great risk that they will deny it based on the fact that my divorce paperwork dates "after" we were married? It's a tough decision at this point, but in my opinion you should return to India and marry again now having the divorce certificated to make sure it is valid. After that, then file the I-130 for her. It should be approved because the marriage should be considered valid.

Good luck to you during this process and I hope this answer has helped you!

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Expert:  Jen Marie, Esq. replied 1 year ago.

Hello again.. I see that you were able to view my answer yesterday but you did not ask any follow up question or leave any feedback.

Please let me know any clarification you need or what I can do so I can earn your positive rating with the stars.

Thank you for your consideration of my time.