Filing for K1 after nikah in Pakistan

[Adzy 0]

Hi - I had a Nikah ceremony in Dec last year in Pakistan. Currently I am going through divorce with my wife in the US. We had been separated for a little while, but just filed divorce last month. I have couple of questions:

1) Will it be smart to apply for K1 visa since its faster? Can the Embassy figure out that we already had nikah and deny k1?

2) Should i just go down the route of applying visa for spouse? What is a rough timeline?

Any help will be appreciated.

[brooklyn212 0]

Hi - I had a Nikah ceremony in Dec last year in Pakistan. Currently I am going through divorce with my wife in the US. We had been separated for a little while, but just filed divorce last month. I have couple of questions:

1) Will it be smart to apply for K1 visa since its faster? Can the Embassy figure out that we already had nikah and deny k1?

2) Should i just go down the route of applying visa for spouse? What is a rough timeline?

Any help will be appreciated.

are u US Citizen or Green card holder?

Edited February 24, 2011 by brooklyn212

[Adzy 0]

are u US Citizen or Green card holder?

US Citizen

[Harsh_77 716]

lieing is never advisable.... if you are married u need to represent it correctly.

[Adzy 0]

lieing is never advisable.... if you are married u need to represent it correctly.

Issue is that they might say that you were married in US when you got married in Pakistan.

[NigeriaorBust 4,087]

That will be an issue as immigration frowns on bigamy. It may even rank high enough on the no-no list to cause revocation of citizenship if you aren't US born.

[ALKHAN 0]

While K1 visa is faster it's not guranteed, they may deny it too. I have seen many cases where they denied K1 visa, you have to show them convinceable, strong evidences that she is your fiancee and you will mary within 3 months. And to answer your question No, they don't have way to find out that you are already married to her, they don't go after Nikah registrar and verify that who's already married or not. They will only see how many times you married in the U.S.A and how many spouses you have already sponsored (that you just not marrying to evade the immiration law) and if you have already divorced your first or not, they don't allow polygamy , so you must divorce your first wife before you can marry again.

Depending on your case the worst case scenario can be they will send their agents to your and your fiance's house to verify your relationships (if they suspect something).

What you can do is file for your spouse visa (IR-1/CR-1) and at the same time file K1 (you can do it, it's allowed) so sometime K1 is processed faster than CR-1. if she came on K-1 , Further CR-1 processing will be done here in the U.S.A. hope that helps, best of luck .

[pushbrk 12,801]

Hi - I had a Nikah ceremony in Dec last year in Pakistan. Currently I am going through divorce with my wife in the US. We had been separated for a little while, but just filed divorce last month. I have couple of questions:

1) Will it be smart to apply for K1 visa since its faster? Can the Embassy figure out that we already had nikah and deny k1?

2) Should i just go down the route of applying visa for spouse? What is a rough timeline?

Any help will be appreciated.

Fast and loose with the truth will doom you with US Immigration. First, having an actual full fledged qualified Nikah, means you are married. Having one while still married to somebody else opens a whole other can of worms. If you file a petition now, I would expect the Consulate to consider you a liar and your relationship a lie as well, this whether you were to now petition for fiancee OR spouse. You MIGHT manage to succeed with a spouse visa if you get divorced, then go back to Pakistan for a civil marriage.

A fiancee visa is out of the question entirely at this time. You aren't free to marry.

[Adzy 0]

While K1 visa is faster it's not guranteed, they may deny it too. I have seen many cases where they denied K1 visa, you have to show them convinceable, strong evidences that she is your fiancee and you will mary within 3 months. And to answer your question No, they don't have way to find out that you are already married to her, they don't go after Nikah registrar and verify that who's already married or not. They will only see how many times you married in the U.S.A and how many spouses you have already sponsored (that you just not marrying to evade the immiration law) and if you have already divorced your first or not, they don't allow polygamy , so you must divorce your first wife before you can marry again.

Depending on your case the worst case scenario can be they will send their agents to your and your fiance's house to verify your relationships (if they suspect something).

What you can do is file for your spouse visa (IR-1/CR-1) and at the same time file K1 (you can do it, it's allowed) so sometime K1 is processed faster than CR-1. if she came on K-1 , Further CR-1 processing will be done here in the U.S.A. hope that helps, best of luck .

Thanks. But the weeding date will be a problem, correct? nikah document has a date of Dec 2010. Divorce will be finalized in March 2011.

[pushbrk 12,801]

Thanks. But the weeding date will be a problem, correct? nikah document has a date of Dec 2010. Divorce will be finalized in March 2011.

Yes, it will be a problem but the whole suggestion was wrong. You can't file for the same person as spouse and fiancee at the same time. The poster was referring to the obsolete K3 process where the I-130 and I-129F are both filed for a spouse. Read my post for your viable options.

[Adzy 0]

Yes, it will be a problem but the whole suggestion was wrong. You can't file for the same person as spouse and fiancee at the same time. The poster was referring to the obsolete K3 process where the I-130 and I-129F are both filed for a spouse. Read my post for your viable options.

never mind

Edited February 24, 2011 by Adzy

[Adzy 0]

Fast and loose with the truth will doom you with US Immigration. First, having an actual full fledged qualified Nikah, means you are married. Having one while still married to somebody else opens a whole other can of worms. If you file a petition now, I would expect the Consulate to consider you a liar and your relationship a lie as well, this whether you were to now petition for fiancee OR spouse. You MIGHT manage to succeed with a spouse visa if you get divorced, then go back to Pakistan for a civil marriage.

A fiancee visa is out of the question entirely at this time. You aren't free to marry.

I am actually planning to file petition after divorce, which will be finalized in roughly a month. I think i kinda screwed myself by having nikah before that, but i could use court marriage document (which will be later date) instead of nikah document, correct?

[ALKHAN 0]

What you can do is file for your spouse visa (IR-1/CR-1) and at the same time file K1 (you can do it, it's allowed) so sometime K1 is processed faster than CR-1. if she came on K-1 , Further CR-1 processing will be done here in the U.S.A. hope that helps, best of luck .

He is referreing to my above lines, sorry I didn't know this option is no more available. anyway yes absolutely, you can't show your marraige before your finalized divorce date , It has to be after your divoice date.

[pushbrk 12,801]

I am actually planning to file petition after divorce, which will be finalized in roughly a month. I think i kinda screwed myself by having nikah before that, but i could use court marriage document (which will be later date) instead of nikah document, correct?

Yes, that's the go back to Pakistan and have a civil marriage part of my recommendation. Not sure you got the impact of what I meant though. You did something that would be illegal in the USA, in that you got married to two women at the same time. It's a crime called Bigamy. Whether and when you had a Nikah is still likely to be asked in the interview, with unpredictable consequences.

[Adzy 0]

Yes, that's the go back to Pakistan and have a civil marriage part of my recommendation. Not sure you got the impact of what I meant though. You did something that would be illegal in the USA, in that you got married to two women at the same time. It's a crime called Bigamy. Whether and when you had a Nikah is still likely to be asked in the interview, with unpredictable consequences.

Thanks .. yes have to figure something out for that. Attorney can't help in any way, can they?