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Swarn

Which visa petition Fiance k1 or Spouse visa to apply.

By Swarn in What Visa Do I Need - Family Based Immigration

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Swarn Rookie

Swarn   1

Posted
Filed: Country: India
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Posted (edited)

Hello Everyone!

My name is sandeep s. and I am an Indian citizen. I met my wife on shaadi.com a matrimonial website in march 2013 she is a U.S citizen. We both are CHRISTIAN. So, long distance relationship started. Then she came to India on a 180 days visa in march 2015 to meet me and my family. Everything went well and we decided to get married. So, we married as per christian religious ceremony in june 2015.

We have church marriage certificate. We wanted to get the court certificate under Special Marriage Act. But her visa was expiring and She had to go back to US. We couldn't get court certificate.

My question is under which category she should apply petition from US, Is it Fiance K1 category or Spouse Visa ?
We are not sure if the US embassy in India will consider church marriage certificate valid to issue a spouse visa.

Help in this case would be appreciated.
Thank you.

Edited by Ryan H
Reason for edit: to remove full name.
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Penguin_ie Grand Master

Penguin_ie   5,986

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Filed: Citizen (apr) Country: Ireland
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***** Moving from CR-2 spousal visa to What Visa do I need forum ****

You may be in the difficult position of "not married enough for the CR-1 spousal visa, as no legal cert, but too married for the K1 fiance visa ".

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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KierenHby Experienced

KierenHby   897

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Filed: IR-1/CR-1 Visa Timeline
Posted (edited)

My name is sandeep s. and I am an Indian citizen. I met my wife on shaadi.com a matrimonial website in march 2013 she is a U.S citizen. We both are CHRISTIAN. So, long distance relationship started. Then she came to India on a 180 days visa in march 2015 to meet me and my family. Everything went well and we decided to get married. So, we married as per christian religious ceremony in june 2015.

We have church marriage certificate. We wanted to get the court certificate under Special Marriage Act. But her visa was expiring and She had to go back to US. We couldn't get court certificate.

The red highlights allude to marriage. As you two are married, K-1 does not apply to you. You have to get the marriage registered with your local government.

As a first step, USCIS reviews your wife's petition for your spousal visa which they won't approve without a copy of the wedding registration.

Edited by Ryan H
Reason for edit: to remove full name in quote.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Swarn Rookie

Swarn   1

Posted
Filed: Country: India
 Timeline
  • Author
Posted

The red highlights allude to marriage. As you two are married, K-1 does not apply to you. You have to get the marriage registered with your local government.

As a first step, USCIS reviews your wife's petition for your spousal visa which they won't approve without a copy of the wedding registration.

Thanks for your reply...

Here is something important I have found on the New Delhi US Embassy Website in India.

Religious Ceremonies

If the parties are married in a Christian, Muslim, Parsi, Jewish, Baha’i or other religious ceremony, the certificate issued by the religious authority (e.g., the church’s marriage certificate, the mosque’s nikah nama, etc.) generally is sufficient proof of marriage, and no certificate from the marriage registrar is necessary.

https://newdelhi.usembassy.gov/service/other-citizen-services/marriage.html

As per this information our church marriage certificate should be valid and enough for Spouse Visa.

Right?

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KierenHby Experienced

KierenHby   897

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

Worth a shot. Have your wife mail the i130 and you'll find out in about 3 mos.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Swarn Rookie

Swarn   1

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Filed: Country: India
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Worth a shot. Have your wife mail the i130 and you'll find out in about 3 mos.

But I am skeptical about the information on the new delhi US embassy website. Though, it is an authentic website from US embassy.

I just have doubt if we file Spouse Visa petition on the basis of church marriage certificate and later at the time of interview visa officer ask for court certificate then.....He/she might reject or put the petition on the hold.

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Swarn Rookie

Swarn   1

Posted
Filed: Country: India
 Timeline
  • Author
Posted

The red highlights allude to marriage. As you two are married, K-1 does not apply to you. You have to get the marriage registered with your local government.

As a first step, USCIS reviews your wife's petition for your spousal visa which they won't approve without a copy of the wedding registration.

Suppose, my wife files a petition I-130 with the church marriage certificate and then USCIS wants registered marriage certificate also.

Will they simply Rejects the petition or they will put it on hold until we provide the registered certificate of marriage ? How much time they provide to submit a document ?

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