Need advice

[MN & NN 0]

Could anyone give me some advice? I'm trying to plan ahead to make sure all my bases are covered.

I am a 43 year old, female US citizen. I met my Pakistani fiance, whom is 33 online a year ago. We have talked almost everyday via Skype, im, and phone and I have records of it. I am planning to visit him in Abu Dhabi where he resides, in the next couple weeks. He has a very good job. I only work part-time. Our desire is to marry in the US and reside in Abu Dhabi for a while. He has been denied a B-2 tourist visa.

What I need to know is would it be better to file for K-1 visa after meeting or marry first and file CR-1? (Note: We can't marry in Abu Dhabi. We'd have to go to Pakistan or some where else, which is looking to be a bit of a problem.)

Will my being 10 years older and his not having any kids be a red flag?

What evidence do we need for K-1 visa?

I don't have enough income but my dad, whom is 70 and disabled but has plenty of income, is willing to co-sponsor and my fiance has some savings we could show. Does anyone foresee problems with this?

He comes from a strict culture. Will our cultural difference be a red flag?

How do we overcome any red flags listed above?

Any advice you can offer would be greatly appreciated! Has anyone had similar experiences?

[Mike-eeh and Odie 192]

Whichever visa you decide to file, your beneficiary still has the burden of proving a bonafide relationship. I don't think your age difference should raise any red flags considering you are both over 30 years of age.

For a K-1 Visa you will have to prove the following:

1. That you both have met within the past 2 years

2. You are both free to marry legally

3. You are a US Citizen

4. You are in a bonafide relationship. You can prove this with photos, saved texts, chats, emails, ticket stubs, receipts, passport stamps, timelines, etc.

As far as financial support, if you do not meet the poverty 125% threshold for your state, then you can always have someone co-sponsor your petition. Any red-flags need to be overcome by your fiance, but a good start is by always telling the truth on your applications and questions as well as providing enough bonafide relationship evidence.

[baron555 934]

Could anyone give me some advice? I'm trying to plan ahead to make sure all my bases are covered.

I am a 43 year old, female US citizen. I met my Pakistani fiance, whom is 33 online a year ago. We have talked almost everyday via Skype, im, and phone and I have records of it. I am planning to visit him in Abu Dhabi where he resides, in the next couple weeks. He has a very good job. I only work part-time. Our desire is to marry in the US and reside in Abu Dhabi for a while. He has been denied a B-2 tourist visa.

What I need to know is would it be better to file for K-1 visa after meeting or marry first and file CR-1? (Note: We can't marry in Abu Dhabi. We'd have to go to Pakistan or some where else, which is looking to be a bit of a problem.)

The K-1 assumes you both will be permanently residing in the US.....so no visa is required since you're both planning on living abroad for a while.

Will my being 10 years older and his not having any kids be a red flag?

Yes, I believe based on his country. Go to the appropriate regional forum here and read up.

What evidence do we need for K-1 visa?

Read the Guides.

I don't have enough income but my dad, whom is 70 and disabled but has plenty of income, is willing to co-sponsor and my fiance has some savings we could show. Does anyone foresee problems with this?

No unless his Embassy does not allow cosponsors. Read up.

He comes from a strict culture. Will our cultural difference be a red flag?

Usually not

How do we overcome any red flags listed above?

Read up on the regional forum what others have done.

Any advice you can offer would be greatly appreciated! Has anyone had similar experiences?

[Mark&Syrell 2]

I agree with the previous posts, however, I think that meeting him in person is obviously the most important thing you can do at this point. Any other factors, like age and not having any children will not raise an issue. I looked into marrying my fiancee in the Philippines, but after some research it seemed that the better thing for us to do was to pursue a K-1. I called a few lawyers and did some research on the internet and found that the Cr-1 appears to be much more scrutinized. It can take much longer and you need to have more, for the lack of a better term, burden of proof.

Good Luck on your journey and hope that meeting him fulfills you imagination!!

[janetusman 33]

I can tell you that you are in for a long, hard road with the Islamabad embassy. Based on my experience, your case has many of the "red flags" they consider at this embassy. My husband and I were married in 2011, I have been back to pakistan 3 times and I am booking my fourth.

As USC we are scrutinized under a 100x microscope and even if everything appears in order they will claim your case is over documented and that you are trying to commit fraud. Again, this is based on my experience because at the interview (which was January 2013) the CO gave my husband the entire contents of the case file. In that file there were some internal USCIS memorandums (which I was probably not supposed to see) and one of those was actually a "Suspect Marriage Referral Sheet" that has a check list of the red flags. Some of those are age difference, cultural difference, physical mismatch, over documentation, and several others.

K-1 visas seem to get issued quicker, but it still takes many months and sometimes even years.

I don't mean to discourage you in any way, but I do think you should know what you are up against. When I started this process, my attorney said it would take 8-10 months...it has been 2 years and 4 months with no end in sight.

[MN & NN 0]

Thank you all for your replies.

I have one more question to add. He is a resident in Abu Dhabi and has been for 7 years. Will he be required to travel back to Pakistan for the process?

[janetusman 33]

I am not sure what the process is for non residents. The embassy will request the passport at interview, but he can ask for it back if he lives and works in UAE. The embassy will then contact you when they need his passport back. Someone can correct me if I am wrong.

[Pitaya 2,576]

~Moved from K-1 Process to What Visa Do I Need Immigration Forum~

~Inquiry about spousal vs. fiancee visa process~

[KayDeeCee 4,891]

I suppose you could go through all the hassle and expense of filing for the K-1 visa just to marry in the US. If you leave after you marry, then you will need to file for a spousal visa later, if you decide to come back to the US to reside together.

If he is a legal resident there, then he can interview there. List his current address in Abu Dhabi and list the UAE Abu Dhabi consulate on the I-129F as the place he will apply for the K-1 visa.

[christeen 966]

If your not planning on residing in the USA... The. K1 is not the visa for you... I understand he did to get a B2 but perhaps you can meet and marry in a 3rd country that he can travel to? If you file k1, ther would be no way he could maintain the GC, unless you plans were just to file the k1, come here, marry, not file AOS then have the two of you leave and live in UAE? Which would be a huge expense ...

Finally, the age thing will be a problem, especially for his cultural background. You are past child bearing age and he is not... Big giant red flag... You have not met or been introduced to his family, you have very little face time together...

You need to first meet him and build up actual time together... But if u want to live over there, I would not bother with the K1 and marry in a 3rd country and live together abroad... Then when you feel, file for the spouse visa...

But be prepared for a battle for us visa... The there is the issue of AP which most Pakistani males are in (anywhere from months to several years).

[Ning 619]

If your not planning on residing in the USA... The. K1 is not the visa for you... I understand he did to get a B2 but perhaps you can meet and marry in a 3rd country that he can travel to? If you file k1, ther would be no way he could maintain the GC, unless you plans were just to file the k1, come here, marry, not file AOS then have the two of you leave and live in UAE? Which would be a huge expense ...

Finally, the age thing will be a problem, especially for his cultural background. You are past child bearing age and he is not... Big giant red flag... You have not met or been introduced to his family, you have very little face time together...

You need to first meet him and build up actual time together... But if u want to live over there, I would not bother with the K1 and marry in a 3rd country and live together abroad... Then when you feel, file for the spouse visa...

But be prepared for a battle for us visa... The there is the issue of AP which most Pakistani males are in (anywhere from months to several years).

This is very good info and advise. Especially about the dreaded A P process that is almost always part of these cases from this country. It will truly be a test and a battle of wills.

[MN & NN 0]

What do you mean GC?

[MN & NN 0]

So if he has his interview in Abu Dhabi for either visa, will the consular there be as hard to please as one in Pakistan, simply because he's Pakistani?

If we don't marry here, we'll need to marry in Pakistan. Do you think it would look less fraudulent if it takes place there?

[Mina90 134]

What do you mean GC?

GC= Green Card

So if he has his interview in Abu Dhabi for either visa, will the consular there be as hard to please as one in Pakistan, simply because he's Pakistani?

If we don't marry here, we'll need to marry in Pakistan. Do you think it would look less fraudulent if it takes place there?

There's no telling how "hard it will be to please" the consular in either country because each CO is different (sometimes some are just in a bad mood). The most important thing is to gather as much evidence of a bonafide relationship as possible to overcome potential red flags.

[MN & NN 0]

Okay, Thanks guys.

The plan is to return to UAE, to his job. He wants to put in for a transfer to the US and feels he needs to have a visa to enter the US first. I'm not sure if he could just get a work visa first or of the laws for getting married while on a work visa and filing AOS...