George Charpied

K-1 and all,

I've reformulated the message we sent on Tuesday in the hope of eliciting a
response to our questions.

On Tuesday, 1 May 2001, Miglena and I had our AOS interview. <text
deleted> The agent, Heather L. Berger, District Adjudications Officer,
was our interviewer. After a lengthy series of 'do we knows,' and being made to feel
that constitutional perogatives had been turned on their head, I was asked our
marriage date and I couldn't remember it exactly, being confused about the dates for
our ceremony in Sofia and the 'legal' one here in the US. Then Miglena mentioned that
we had a ceremony for family and friends in Sofia. The Sofia ceremony was just that,
ceremonial. M(r)s Berger closed our file saying that she felt we may be in violation
of the precepts of the K-1 Visa and had to 'research' the matter. It was explained to
M(r)s Berger that several sources, the INS' website, our attorney at the time, this
news group, etc., had provided information we understood to mean that only a legally
recognized marriage had merit for the K-1 process.

M(r)s Berger said that she needed to find out what the rules were for Bulgaria
and wouldn't give any indication, after repeated invitations to do so, how
long we would have to wait for the results of her 'research.' But, she would
'...let us know.'

We both feel bad. But for the most part, this we did to ourselves. Me, for not
being better informed. Miglena for violating one of the cardinal rules of dealing
with the INS: Do not offer more information than asked.

Question 1: M(r)s Berger did give us clues, I believe, that indicated her
'research' would lead her to deny our application for adjustment of status
and that, as an option, we should begin the process of filing the I-130. Does
anyone agree with this notion that we may have to go the I-130 route?

Question 2: <text deleted> From Miglena's passport M(r)s Berger took the I-94
card that had been stapled to the page above her K-1 Visa. We have plans to
visit Sofia this June, her parents are ailing and need help, among other
things. Migle has her Advance Parole. Does she need this to leave the country
or re-enter?

Question 3: <text deleted> Does ny one have any ideas on how long it may take
M(r)s Berger to 'research' the marriage question?

Question 4: And then, how long, let us say, we are denied change of status,
we have before filing the I-130?

Question 5: Should we be filing the I-130 immediately, thus abandoning our
I-129F? Question 6: What if M(r)s Berger finds us to have broken INS law.
Could we face criminal charges?

Question 7: Has anyone had a similar experience? What was the outcome? Where
are you now and what did you do?

<text deleted>

George and Miglena

Andy Platt

I'll answer those that I can. I'm sure everything will work out OK!

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Obviously if she says that you couldn't get use the K-1 because you were already
married, an I-130 is appropriate. My guess is that she will be able to find no such
thing. Your best bet is to do equivalent research to prove that Miglena was *not*
married on entering the US.

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Not having the I-94 is a non-issue. She will get issued a new one re-entering on AP.
Has she already used her AP? If so I wouldn't worry; if not she might not want to
travel since when you are here on AP you have slightly less rights of appeal should
the immigration officer decide to deny the I-485.

The rest of the questions I could only speculate on which wouldn't be fair to anyone.
I doubt that anyone is going to raise criminal charges. As I said, research the issue
yourself one more time and convince yourselves you've done nothing wrong. Contact an
attorney if you feel you need assistance and good luck!!!

Andy.

--
I'm not really here - it's just your warped imagination.

UKStudent

I have no experiance of this but I will be starting the K1 road(!) soon and I really feel for you if it helps. Sorry I could not help but I am sure someone on here will.
Best wishes and good luck
Rob

Rete

Hi again George

Since the I-485 has not been rejected yet (and most likely will not be), then I would not suggest that you file the I-130. It would only serve to confuse an already confused system.

As for the validity of the foreign ceremony, if no paperwork was filed with the government then there is no marriage. The only way INS could say that there was, IMHO, is if they have official records from the foreign government showing that a wedding took place. A blessings ceremony is just that and I would get on the phone now and have the priest that performed the ceremony write a letter to that effect and either fax or have it sent to you in the most expedite method possible. I would then send this overnight to her attention at INS.

However, the NG did have a poster who did as you two did and had problems. They had, I believe, a Buddish ceremony with filing and had to file the I-130 at the US Consulate.

Now on to the advance parole. It is normal for them to take the I-94 so no problem with that. It is not needed to leave and/or re-enter the US. My problem with your scenario is that if the I-485 is rejected prior to your leaving for the trip, then her A/P is might no longer be valid as it is part and parcel of the I-485 that was rejected. In that case she will need to reapply for a new A/P when filing the I-130. This I would strongly suggest you discuss with INS when you would have to file the I-130.

Rita

George Charpied

UKStudent,

Thnak you for the sentiment. I cannot, for the life of me, understand why I
allowed myself to be rattled by the interview. It is benign. The officer,
although filled with self importance, was only doing her job, but still I
muffed it. We will take you best wishes gladly.

George and Miglena

UKStudent wrote:
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jeffreyhy

Rete,

If I'm thinking of the same poster that you are, he and his Thai fiancee had a Buddhist wedding ceremony in Thailand prior to his filing his I-129f petition. The INS petition examiner, not being familiar with the marriage laws of hundreds of counties around the world (like George's M(r)s. Berger), sent him an RFI. His response to the RFI apparently satisfied the INS since the I-129f was subsequently approved.

The US consular officers in Thailand, being quite familiar with local customs, are well aware that Buddhist wedding ceremonies have no legal standing in Thailand and approved the K-1 visa without incident. I have not had recent contact with that poster and I don't know what has happened since.

Again the lesson, as George recognized too late, do not give the INS information that they have not asked for. Overkill CAN hurt you with the INS.

Regards, JEff

Rete

JEff

Actually I recalled it being that they married Budda style after the approval of the K-1 and they ran into a problem with the I-485. But then I am older and more senile I did a deja search and concede to your superior memory.

Rita

jeffreyhy

Rete,

My memory sucks, but since my wife is Thai I look closely for posts involving Thailand and I often correspond privately with such posters because of the mutual interest.

There was another situation, also involving Thailand, that you may be remembering and merging with the Buddhist wedding situation. That poster did bring his fiancee to the USA on a K-1 and they got married, and I believe they also filed for AOS. Then the poster's employer offered him an overseas assignment in Thailand, so he began making preparations and his wife returned to Thailand to prepare on that end. No AP was applied for as it would have been a year or several years assignment. Then for some reason the assignment fell through and the wife was stranded in Thailand. The fellow had to file an I-130 as the only way to get his wife back to the US. I haven't been in contact with that person for a long time now and I haven't seen any posts from him since he filed the I-130 with Nebraska, so I don't know how his situation is progressing.

My wife and I had a Buddhist wedding in Thailand after she received her K-1 visa and before she came to the USA. We took our wedding rings off at the POE to avoid the possibility that they might cause a sharp-eyed INS official to become concerned, but the person who processed my wife could barely fog a mirror so it probably wasn't necessary. We didn't register the marriage in Thailand, so we remained in complaince with the requirements for the K-1 visa.

Regards, JEff