K-1 Visa versus K-3 Spouse Visa

[sanasaif 0]

First let me say I am new to this web site, even though I have been investigating all the do's and don'ts of the visa process for almost 9 months now. I am happy to have found this site finally!

My question is this....my fiance and I have met online. (not a big deal anymore I am told since many people meet this way today) He is from Pakistan and I am from the US. I am traveling to Pakistan in the end of Sept or beginning of October 2010 (this year). I am currently waiting for my travel visa to come in the mail. (it's been about 3 weeks now) So, I will book my flight once I receive this visa. ANyway, he is currently workign in Kuwait. He will leave Kuwait and travel back to Pakistan, to his family home, once I get my visa. I have a few questions for all of you who are more experienced then we are, since we really have had enough of the being apart to last a lifetime!

First, we were originally planning on getting married in Pakistan while I was visiting there. I really have no family to speak of in the US so we were going to enjoy this time with his family being present. Then we began looking at processing times, and the wait seemed too long for either of us. Not to mention that it would mean leaving and parting from each other once again after a 2-3 month trip to Pakistan. I think I would break down at the airport having to leave hinm again, and if I do I know he will as well.

So, I ask you, we are now thinking instead of getting married, to wait and apply for the Fiance visa through an attorney maybe and since the wait time is 3-5 months, (i think my visa for Pakistan is 6 months) then we could visit in Pakistan while we wait for his fiance visa to come through and then fly home to the US together. Does this sound like a quicker way to get us together and home in the US? All aTTORNEY'S i HAVE SPOKEN TO SAY THIS IS VERY DO-ABLE. They have said we can file as long as I begin the process before I leave and then just send them the photos of proof for our meeting and begin together. At first we were told I had to be in the US for the filing, but have since been told that I do not need to physically be here and they can file on our behalf while I am in Pakistan.

Secondly, he will need a Police clearance from Kuwait since he has been working there on and off for the past 7 years. We have the address of where he needs to go and what information he needs to take with him to obtain thsi Police clearance certificate, but I do have a question for anyone who may know.

They state that you should have a "request letter" from the US Embassy I believe, in order to get this from the police (actually in Kuwait it is the Criminal Department in Farwanyia or something like that) So, my question is; does anyone know what this request letter is and if you do indeed need it? It is much easier for him to get the police clearance letter while still in Kuwait, rather than waiting until he is back in Pakistan and then having someone else get it for him. So, if we have to have something that we will not receive until after filing for the visa, then we are screwed. Because this will not be filed until right before I leave for Pakistan, and by then he will be back in Pakistan waiting for me.

I hope I have spelled out all my questions and if anyone has any info on even one question, or advice, please let me know! I am so happy for all the couples I see arm-in-arm on their photo's. One day soon that will be us as well!

[Bobby+Umit 161]

They have said we can file as long as I begin the process before I leave and then just send them the photos of proof for our meeting and begin together.

If you mean to send in the petition before you have met in person - you cannot do that. You have to have met in person prior to the petition submission date (within 2 years of it).

Photos are not used as "primary" proof of meeting - passport stamps/ticket stubs/boarding passes are.

Expect a delay in processing for Pakistan - it can take up to 6 months to 2 years (worst case) in AP. (for MENA countries - it is a given that AP will happen).

So plan accordingly.

[hamigirl710 112]

Honestly looking at the timelines for a fiance visa you are going to more than likely be waiting more than 6 months. He is from a MENA country and for the men they seem to take longer because of name and background checks. Also you did not mention anything about a sponsor, you do know that you have to show proof of ability to support him financially? Being that you met on the internet and he is from a MENA country he is going to have a difficult interview and you really need to have a lot of supporting evidence of proof of relationship to submit with your petition like phone bills and chat logs etc... I wish you the best of luck!!!

[sanasaif 0]

No, I do not mean to file prior to meeting. I already know we must meet prior to filing. What I was saying was that the attorney can file in place of me filing this while I am still in Pakistan. He is my representative in the US, and can file in place of me filing while I am still in Pakistan. Since we will be meeting for the first time when I get there, then we will have to provide the photos to the attorney. He will already have a copy of my Passport, Visa for Pakistan, and I will send him my ticket/flight information as well. I know they use all these things as proof of our meeting, as well as photo's of us together in Pakistan, as well as any receipts we obtain while in Pakistan for things we do together. There are many things you can send as proof of meeting, and proof of your relationship and the more you send the better. We also have every conversation from the internet after about 1 month of chatting, since I saved them to read when he was not online and I missed him. I still save these, even though it has been almost one year, since the attorney said it was great that we had these saved. I also have all our cell/mobile records for calls and texting that has been done internationally to each other.

OK....where do you get this information from? I am not really concerned about what you have said since I do not have any idea where you are getting your information from. All the attorney's that I have spoken with that deal directly with Pakistan/Islamabad currently, have stated that Pakistan is currently on a approximate 5 month processing time for fiance visas. We do not have arrest records, or any military affiliations, which can complicate and delay things.

So, can you please explain the specifics of what you are saying when you state it can take up to 2 years for these countries? Normally I have found that such cases are only when #1 you try to lie, #2 you have arrest/conviction police records, #3 you have or your family has military ties.

If you mean to send in the petition before you have met in person - you cannot do that. You have to have met in person prior to the petition submission date (within 2 years of it).

Photos are not used as "primary" proof of meeting - passport stamps/ticket stubs/boarding passes are.

Expect a delay in processing for Pakistan - it can take up to 6 months to 2 years (worst case) in AP. (for MENA countries - it is a given that AP will happen).

So plan accordingly.

[sanasaif 0]

Thank you for your concern. I have posted this to the person above, and want to add some info so no one else will try to think that I am not prepared with other information. I only asked the questions I was concerned about because I have already found out other information. BUt, let me add this additional info for anyone else who can help me out with info I am looking for:

We met online in December 2009, we have saved chat records since about Feb 2010 to the present day. We have our cell/mobile records for calls, we have our cell/mobile records for texts, we have no police/criminal backgrounds which contain convictions, arrests, or anything like that, we have no military ties, his father is the Malik of their village, he is the eldest son, we have all divorce records for me, we has never been married before, I have a co-sponsor in the US who makes over $100,000 a year for the affidavant of support, we have my birth certificate, we have his school certificate for birth which is what they use for Pakistan tribal areas, we have our application form filled out, we have an attorney.

I think I covered most things or documents there. I also have been told that people who hire an attorney are taken a bit more seriously since they have more invested to be together versus people who just try to file by themselves an say "well, let's see if we can make this happen".....we love each other very much and want to be together as soon as possible. We do not want to be waiting for 2 years before we can be together in the US. He is also prepared for the interview, let me say this.....he loves me, anything they can ask him he is prepared to be honest and sincere about answering. For people who are not in love, who are lying, or who are nervous, maybe this is a terrifying prospect. But, if you love each other, then you have really gotten to know each other on an intimate basis if you are a mature adult. There is nothing they could ask either of us that we do not know about the other. We have shared everything about our lives over the past 9 months and are prepared. Also, by the way, our attorney also prepares them for the interview. They have NEVER had a visa denied in all their years of service. I would say those are pretty good odds. And also, I did not just ask one attorney or two attorneys about the processing time for Pakistan. I asked attorneys from all over the US.....they all said the same thing, Pakistan is currently having a 3-5 month p[rocessing time for couples like us with no criminal records, military ties, or complications to the visa process.

Honestly looking at the timelines for a fiance visa you are going to more than likely be waiting more than 6 months. He is from a MENA country and for the men they seem to take longer because of name and background checks. Also you did not mention anything about a sponsor, you do know that you have to show proof of ability to support him financially? Being that you met on the internet and he is from a MENA country he is going to have a difficult interview and you really need to have a lot of supporting evidence of proof of relationship to submit with your petition like phone bills and chat logs etc... I wish you the best of luck!!!

[Bobby+Umit 161]

OK....where do you get this information from?

Google or search this site for "Administrative processing" - you will find plenty of cases where it can take that long for AP to finish.

Process times for petitions and Process times for applications for visas are two different things.

They may process your petition within 6 months, however, they can process the application for the visa after that initial petition is received for much longer.

On the embassy website for Pakistan - they state that AP will last only 60 days, however they also state you have to wait 90 days after the interview/submission of follow up material (which ever is later) before you can even ask how long you have to wait for the visa.

If the beneficiary has a common Full/Last name, that in itself can be a delaying factor.

____

I bring this up because you seem to want to stay in Pakistan while waiting for the visa to process - which may take longer than you think - so plan to stay longer if needed.

Edited August 20, 2010 by Bobby+Umit

[nab 74]

hopefully they dont ask timelines in the interview or maybe he will have the timeline memorized better than you... just an example of what you (or actually he) may go thru at interview:

"First let me say I am new to this web site, even though I have been investigating all the do's and don'ts of the visa process for almost 9 months now. " really? from the moment you met him or possibly even before?

"We met online in December 2009, we have saved chat records since about Feb 2010 to the present day." February - August

"We also have every conversation from the internet after about 1 month of chatting, since I saved them to read when he was not online and I missed him. I still save these, even though it has been almost one year" 6 months is not almost one year

"Since we will be meeting for the first time when I get there"

"Then we began looking at processing times, and the wait seemed too long for either of us. Not to mention that it would mean leaving and parting from each other once again after a 2-3 month trip to Pakistan. " Thought you were just meeting in person for first time this trip?

"So, I ask you, we are now thinking instead of getting married, to wait and apply for the Fiance visa through an attorney maybe and since the wait time is 3-5 months, (i think my visa for Pakistan is 6 months) then we could visit in Pakistan while we wait for his fiance visa to come through and then fly home to the US together. Does this sound like a quicker way to get us together and home in the US?" And you're going to wait all that time 'together' to become husband and wife? i hope you understand the law in Pakistan and possible consequences if you cross a line you shouldnt... even in cities it's not very progressive (for lack of better word) and you are considering living in a tribal/village area for up to 6 months without benefit of marriage... hmmm i would recommend NOT.

--------

"Also, by the way, our attorney also prepares them for the interview. They have NEVER had a visa denied in all their years of service. I would say those are pretty good odds."

if you have an attorney who is as good as you say, if it were ME, i would definitely call the attorney and ask about the Kuwait background check

Edited August 20, 2010 by nab

[hamigirl710 112]

I would also like to mention to you that this is a public forum and when posting these kinds of questions you are going to get all kinds of points of views and some answers you will like and some you won't and the best thing to do with any advise you get from here is to research it and make sure it can be backed up by proof of what is being said.

I understand where you are coming from and I understand your anxiousness and all. I have been with my SO since 2007 and we just got married last month and the anxiousness is building for me too and I did marry him and leave him at the airport and fell apart coming home from the fact that I had to return and who knows how long this process will take and when I will see him again and touch him and all the stuff that married people do when they live together and not oceans apart. I have been looking into this issue for 3 years now and have read a lot and have seen a lot of cases from not just Morocco but all MENA countries. I am only trying to give you a realistic view of what can happen and give you some suggestions so you are prepared for what may happen and also for what you may be up against.

Pakistan is considered a MENA country and those countries are very tough on the men asking for Visa's. There is a lot of fraud coming from these countries and they make it very difficult to prove your relationship and get the Visa's. I understand you have a lawyer and they have given you good advise and they will assure you that you will get the USCIS approval and as long as you pass the background checks and pay the fees and qualify as a sponsor or have a qualifying co-sponsor you will pass there too. But they can not guarantee the consulate will say yes and give him the Visa

When it comes to the consulate interview and this is where you have to prove your relationship. I have seen some people get shredded at this interview. I was just making some suggestions in my previous post to you so you can be prepared. And I am glad you have been putting together your proof you will need it.

I just want you to know that the 5-6 months processing time may be on the short side because these cases can take a while being that they are not only from a MENA country but also a muslim country and the name check and AP can last anywhere's from 1 day to infinity.

I wish you the best!!!

[Muhammad n Maryam 1]

Hello, and welcome to VJ. I'm sorry but I can't give any advise on K-1 visa vs K-3. But these things I do know, as I went to Pakistan to marry my husband and to make my new home. But with my step mother being diagnosed with cancer among other things, I returned back to the states after living in Pakistan for close to 2 years. So ... I will tell you things that I'm aware of ... Your visa for Pakistan will be for 90 days. ( unless it's change since I've been there) Once you have married have your Nikah attested. And also have affidavits ( which are attested) from people that attended your marriage. From his mom and dad is very good. As for how long it will take, no one can tell you including an ATTORNEY. As most cases out of Pakistan are put on AP. I also hired an Attorney, my husband interview was in January. We have now been in AP for 7 months. Sorry , but an attorney does not lessen the waiting time. In fact if you can save your money and do the filing yourself. Only reason I hired one was due to stress and working alot of hours, and did not want to make any mistakes. Mistakes = delays. As for your question regarding police clearance , my husband did not need a request letter from the embassy. I'm assuming the reason they say this, is maybe sum require a request letter. Have your husband try to get the police clearance while he's there. And if they wont give it to him , then he'll have to get a request letter. Also keep in mind that a police clearance is only good for a certain amount of time. I'm not certain how long, so you should read up on it.

I hope I was sum help to you and if you have any more questions you can pm me, I'll do my best to help.

Also ... Keep in mind I'm no professional, I'm only going by my experience Each case is different.

My best to the both of you & wishing you a smooth journey !

[Darnell 8,480]

If your attorney is referencing a K-3 visa as a possibility, then I would question that attorney's knowledge and prior caseload of successful K-3 cases, as from 1 FEB 2010, any I-129F petition, submitted in hopes of 'getting a K-3' later, is administratively closed by NVC after USCIS approves it. see http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/