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K-1 visa for Indian fiancee

By sp23 in K-1 Fiance(e) Visa Process & Procedures

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sp23 Newbie

sp23   0

Posted
Filed: Country: India
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Hi all,

I just got engaged. My fiancee is in Chennai, India.

This was my original plan (since it seemed to be easiest & fastest way to bring my fiancee here):

  • Go get engaged
  • Come back to US and apply for K1 Fiancee Visa
  • After my Fiancee is approved for Visa, go back to Chennai and have a traditional ceremony (but don't register as husband/wife with the Indian gov't)
  • Bring her back to US with me.

However, when I came back to the US, I found out (thru a lawyer in Chennai),

that having the traditional ceremony automatically means that we are married,

even if I don't register with the Indian gov't.

(Still getting a second opinion on it -- he was certain of it, but not 100% sure..)

Which means that I can't bring her back as a fiancee. And I really can't bring her

here without that ceremony (both the families require it!)

Does anyone have this experience?

This means that I'll have to apply for a Spouse Visa - K-3.

Is that right? Or am I missing something.

Can anyone recommend me an Indian lawyer who will be aware of

these issues.

Thanks so much!

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payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
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Posted

Hi all,

I just got engaged. My fiancee is in Chennai, India.

This was my original plan (since it seemed to be easiest & fastest way to bring my fiancee here):

  • Go get engaged
  • Come back to US and apply for K1 Fiancee Visa
  • After my Fiancee is approved for Visa, go back to Chennai and have a traditional ceremony (but don't register as husband/wife with the Indian gov't)
  • Bring her back to US with me.

However, when I came back to the US, I found out (thru a lawyer in Chennai),

that having the traditional ceremony automatically means that we are married,

even if I don't register with the Indian gov't.

(Still getting a second opinion on it -- he was certain of it, but not 100% sure..)

Which means that I can't bring her back as a fiancee. And I really can't bring her

here without that ceremony (both the families require it!)

Does anyone have this experience?

This means that I'll have to apply for a Spouse Visa - K-3.

Is that right? Or am I missing something.

Can anyone recommend me an Indian lawyer who will be aware of

these issues.

Thanks so much!

If you are legally married before her arrival in the USA then the K-1 visa is no longer a valid visa for you... If you want now a spouse visa, then the marriage needs to occur first and then you begin the petition/visa process

YMMV

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Ak+Tk Community Regular

Ak+Tk   0

Posted
Filed: Citizen (apr) Country: India
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Posted

If you are legally married before her arrival in the USA then the K-1 visa is no longer a valid visa for you... If you want now a spouse visa, then the marriage needs to occur first and then you begin the petition/visa process

Agreed you would be committing visa fraud!

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sachinky Mentor

sachinky   464

Posted
Filed: Lift. Cond. (apr) Country: India
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"Traditional" meaning "religious" marriage in India is de facto legal marriage, EVEN if you don't register it. So yes, your lawyer was absolutely correct.

Remember, consulates go by the rules/customs/laws of the country in which the marriage is taking place.

Don't even think about this route. I remember reading about 2 denials specifically for this purpose.

You can get married and apply for a CR-1 for her. K-3s are dead.

Or you can file for a K-1, and then get married in the U.S.

The choice is yours.

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

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DanielParul Proficient

DanielParul   50

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Posted

Sticky situation. To apply for a spouse visa, you need to have a registered wedding (or register your wedding) because US of A does not recognise just a religious ceremony. USCIS will need to see your marriage certificate. However, At the Consulate, the COs follow the traditions and the customs of the specific country and unfortunately for you a religious wedding is a wedding in India therefore K1 might not be the safest route for you anymore. We have seen a couple of K1 denials for people in the same situation as yours. My suggestion, get your wedding registered and file for a CR1 as K3s are dead.

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  • 6 years later...
aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Hi sp23,

Curious to know, what did you decide eventually?

sp3 has not been active since asking this single question back in April 2010.

If you want to know the danger of having a wedding ceremony without a marriage certificate, then search VJ. You will find many people with K-1 and immigration problems because of wedding ceremonies before immigrating.

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TBoneTX Grand Master

TBoneTX   43,057

Posted
Filed: Citizen (apr) Country: Ecuador
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Posted

Thread from 2010 is now closed to further comment.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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