K1 visa denied @ consulate not bona fide. Do I appeal or cancel and marry and file I130? which has more chance?

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1. 

   Stuart ReichPro

   New York Immigration Attorney

   Contributor Level 19

   

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   Answered July 20, 2011 15:26. Speak with a lawyer directly, and discuss the details of why they didn't feel the marriage was bona fide (not enough proof of time spent together in the last two years/communications between the two of you/something else?) I know it must have been a very difficult experience for your fiance, but talk through the interview with by phone or Skype to get as much detail as possible on what exactly was said/what happened.
   
   When you discuss it with a lawyer, perhaps a strategy can be developed for asking the consulate for reconsideration based on additional evidence (and of course, assembling additional evidence).
   
   The basic issue of whether the marriage is bona fide is the same for a marriage-based I-130 as for the engagement-based fiance visa - so aside from starting over from the beginning for an even longer wait, getting married and going the green card route won't help unless the issue of whether the marriage is bona fide can be adequately addressed.
   
   Speak with a lawyer - and good luck.

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2. Licensed in CA

   

   J Ferrari

   Los Angeles Immigration Attorney

   Contributor Level 20

   Answered July 19, 2011 14:39. An attorney cannot make the decision of what to do for you.
   
   You do not state the reasons for the K-1 denial. Depending on what those were, a marriage may or may not overcome them. In any event, marrying in Morocco and then filing the I-130 will entail that your spouse wait abroad for the I-130 to be approved and the immigrant visa to be issued.
   
   You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

   J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts... moreJ Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. less

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