Fiance or Spousal Visa

[Sim14 0]

Hello Everybody - I am a US citizen and just got engaged with a person from India (in India). We are planning to get married in India next year in nov or dec. If I file a petiton on Fiance basis now and the visa becomes available around the same time we get married, will I have to file a new petition on spousal basis or he can still use the fiance visa to come to US even after getting married? If I file a new case after getting married that means I will have to wait another 6-9 months after next nov for him to come to US. The only things are we want to get married in India and can't get married before nov. Please suggest what would be the best and fastest way to approach the matter in my conditions.

Best Regards

[canadian_wife 1,794]

If you want to get married in India, the Cr-1 route is the only option for you. This would require you to be married THEN file. So if you're looking at getting married in a year, your at least 18 months away from having your spouse here

You CANNOT marry in India then come to the US on a fiance visa. Finace visas are for fiances, not spouses

Here is a comparason guide for visas

http://www.visajourney.com/content/compare

Good luck

[atu14 0]

Hello Everybody - I am a US citizen and just got engaged with a person from India (in India). We are planning to get married in India next year in nov or dec. If I file a petiton on Fiance basis now and the visa becomes available around the same time we get married, will I have to file a new petition on spousal basis or he can still use the fiance visa to come to US even after getting married? If I file a new case after getting married that means I will have to wait another 6-9 months after next nov for him to come to US. The only things are we want to get married in India and can't get married before nov. Please suggest what would be the best and fastest way to approach the matter in my conditions.

Best Regards

A non-registered ceremonial celebration is not considered a legal marriage in India either. A ceremonial marriage is considered legal and official in India only if it is registered and you obtain a marriage certificate. I think as long as marriage is not official and legally registered, you are good to go.

[Sra Gomez 9]

I would suggest the K1 visa - apply for it now, you should have it in 7-8 months. Bring your fiance to the US, get a civil wedding here, and then go back to India for the ceremony. if you go the CR1 route, you have to wait until you return from India, already married, then wait another 6-8 months to bring your spouse here.

Whatever you do, don't apply for the K1 and get married in India...cause then you will have to apply allover again for a different visa =)

Good luck

[YuAndDan 153]

One note:

A Spouse CR-1 visa will save you around $848 in fees when considering Adjustment of Status from a K-1. And now a days with improved processing at USCIS, and NVC the CR-1 is not taking much longer to get than a K-1, compare processing times using the timelines.

CR-1:

I-130: $420

I-864: $88

Visa: $404

$912

K-1

I-129F: $340

Visa: $350

I-485: $1070

$1760

Edited December 16, 2010 by YuAndDan

[atu14 0]

I would suggest the K1 visa - apply for it now, you should have it in 7-8 months. Bring your fiance to the US, get a civil wedding here, and then go back to India for the ceremony. if you go the CR1 route, you have to wait until you return from India, already married, then wait another 6-8 months to bring your spouse here.

Whatever you do, don't apply for the K1 and get married in India...cause then you will have to apply allover again for a different visa =)

Good luck

Why would a ceremony make a difference? As long as it is not registered, the marriage is not legal in India either aka still engaged status. No one can stop an engaged couple from having any type of ceremony.

[Sim14 0]

Thanks everybody for replying.

Even I called USCIS and they said the same thing as majority of the members mentioned that CR1 would be the only option. But what atu14 said would be the best way if its doable. If I dont register the marriage in India, what we will have to do here in the US? hold another ceremony or just simple court marriage would be sufficient?

waiting for your replies...

[YuAndDan 153]

Thanks everybody for replying.

Even I called USCIS and they said the same thing as majority of the members mentioned that CR1 would be the only option. But what atu14 said would be the best way if its doable. If I dont register the marriage in India, what we will have to do here in the US? hold another ceremony or just simple court marriage would be sufficient?

waiting for your replies...

Simple court marriage after entry on a K-1

Many have an "engagement" party in home country and then use a K-1 to come to the USA

[Anh map 2,098]

Why would a ceremony make a difference? As long as it is not registered, the marriage is not legal in India either aka still engaged status. No one can stop an engaged couple from having any type of ceremony.

What couples want to do is make sure that they do not do something unintentionally that would cause a delay in being approved for a visa. If a couple is pursuing a fiance(e) visa they cannot be considered married. This differs from culture to culture, as well as country to country. The consulate staff are aware of the local norms and regulations.

People can do whatever they want. But when seeking a certain type of visa it would make sense to not present conflicting evidence. That is why a ceremony may make more of a difference in one part of the world than another.

[Stanley Hermosill 1]

If it were me, I would spend the extra money on the K1 so I could spend more time with my partner. But that's just me!

[atu14 0]

Thanks everybody for replying.

Even I called USCIS and they said the same thing as majority of the members mentioned that CR1 would be the only option. But what atu14 said would be the best way if its doable. If I dont register the marriage in India, what we will have to do here in the US? hold another ceremony or just simple court marriage would be sufficient?

waiting for your replies...

Exactly, you celebrated with your family and now you will get officially married in the US. Try googling about legal marriages in India- a ceremony does not make a couple married officially until it is registered.

And most likely you will have your visa before your ceremony in India, so just fly to the US after your ceremony and get officially married in the US.

[the__tourist 0]

You have to be careful though of such ceremonies because it can be viewed as a legal wedding and your case will be denied and then you will be forced to pursue the CR-1 instead. There are cases were engagement ceremonies were viewed as weddings and the case denied. As mentioned above they are aware of local customs and just because it is not legally registered does not mean they will see it that way. They can simply say "it appears" you're already married and deny you.

Probably safer to use the K-1 route. Pay a little more, bring him here prior to your wedding in India and have a quick ceremony here. Then get your AOS and AP and travel to India and do the official ceremony there.

[atu14 0]

You have to be careful though of such ceremonies because it can be viewed as a legal wedding and your case will be denied and then you will be forced to pursue the CR-1 instead. There are cases were engagement ceremonies were viewed as weddings and the case denied. As mentioned above they are aware of local customs and just because it is not legally registered does not mean they will see it that way. They can simply say "it appears" you're already married and deny you.

Probably safer to use the K-1 route. Pay a little more, bring him here prior to your wedding in India and have a quick ceremony here. Then get your AOS and AP and travel to India and do the official ceremony there.

What if the ceremony is after the issuance of the visa?

And unless otherwise mentioned, how can they question/find a ceremony (especially after the visa issuance)?

[pushbrk 12,222]

What if the ceremony is after the issuance of the visa?

And unless otherwise mentioned, how can they question/find a ceremony (especially after the visa issuance)?

A ceremony that doesn't result in "marriage" occurring after the visa is in hand is not a problem.

[Sim14 0]

It really is a great place to discuss your questions, Thanks to all of you who took time to reply. It seems, if the visa is issued before the the ceremony, there should not be a problem. I will discuss this option with my relatives and fiance and let you guys know how things are going.

Happy Holidays everybody