[IN] Should a couple who married abroad file a marriage-based visa instead of a fiancé visa?

IN Immigration Law

Anita J. Ijaz

5,291 satisfied customers

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Ok, so then you can proceed with the I-130 Petition for Alien Relative (8 U.S.C. § 1154), and the interview can happen, but stamping cannot occur until after the ban is lifted. Marriage anywhere in the World is valid in the US.

It's crucial to be honest and transparent in all visa applications. Not disclosing your marriage could lead to serious consequences, including visa denial or future immigration issues. The U.S. immigration process involves thorough background checks, and any discrepancies can be seen as misrepresentation. It's always best to provide accurate information to avoid complications.

Form I-130, Petition for Alien Relative

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Hi I'm testing.

Anita J. Ijaz

Hi. How can I help?

I filed for a fiancé visa for my fiancé and it was approved and everything was going good and then we got to the interview and my fiancé mentioned that we are cousins and they denied the whole application because cousin marriage is illegal in Indiana, which is where I live and which is where I was going to bring my fiancé to get married since then I have moved to New York City, where cousin marriage is legal. Can I file for a fiancé visa again or is it better to file marriage visa.

Lexi, Chatbot

I understand how frustrating this situation must be for you. Have you and your fiancé already gotten married since the denial of the fiancé visa?

Yes, but only in her home country and if it is faster to get her here with her fiancé, we can just do it that way.

Lexi, Chatbot

Are you currently residing in New York City, or have you moved back to Indiana?

Yes.

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your fiancé visa application.

No.

Anita J. Ijaz

Hi, my name is Anita J. Ijaz, a US Immigration Attorney at Law. Welcome to our service. I will be assisting you with your question. This platform is a general public question and answer service, and no attorney-client relationship is formed. Please do not post any personal or identifying information. If I do not respond quickly, I am not ignoring you. Sometimes it takes some time to research specific answers to your questions. I understand your situation with the fiancé visa and marriage in New York. Have you considered the specific requirements for a marriage visa now that you're married? Thanks!

Yes but isn't marriage visa paused? I want to be with my fiancée as fast as possible.

Anita J. Ijaz

Which country is your fiancée from?

I'm residing in Indiana.

Anita J. Ijaz

So Guinea is part of the immigrant visa ban, so your option would be the K1 visa if you are not yet married.

So we did a marriage ceremony in Guinea Conakry. Would they be able to see that? And would I still be able to file for fiancée visa? Do you think we could still try the fiancée visa then since we are only married in Guinea?

How would they know I am married in Guinea if I do not tell them?

Anita J. Ijaz

Ok thank you.

Anita J. Ijaz

You're welcome.

Anita J. Ijaz

5,291 satisfied customers

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