Filing for K1 after nikah in Pakistan

[pushbrk 12,182]

You are dead wrong. His nikkah is not valid for immigration purposes. Not valid and he cant use it. He can mention it if he wants but he can not use it in any way, shape or form when it comes to the immigrant visa so how is he "too married". The USCIS will not even allow that nikkah to be used because, again, it is in conflict with public laws that do not allow plural marriage. He is married legally in Pakistan and he wont have a problem in Pakistan but he wont be able to immigrate based on this.

To the OP there is a case of a man who was married in his own country to a second wife and the court clearly said that this second marriage violated public policy and is viewed as invalid.

Fact 1- You are not free to remarry because you are still married.

Fact 2- You can have 2 more nikkahs in this interim time and it will not make those nikkahs valid for USCIS purposes.

Fact 3- Everyone that is telling you that you can file a CR1 based on this Pakistani nikkah is incorrect. Please do not file anything based on being "too married" yes you are "two married" but not for Immigration purposes, Dont spend all that money to be denied because of fact #1 and #2.

I explained this in detail earlier in the thread. He's too married for a K1 but not married enough for a CR1. A K1 would be denied because of the Nikah. I don't agree necessarily with such a decision. I just know that's the decision they will make and have made many times over. It's a "Catch 22" situation.

[Adzy 0]

I explained this in detail earlier in the thread. He's too married for a K1 but not married enough for a CR1. A K1 would be denied because of the Nikah. I don't agree necessarily with such a decision. I just know that's the decision they will make and have made many times over. It's a "Catch 22" situation.

[/quote

I understand that k1 could be denied because of nikah, but I don't think it would be a problem if I apply for CR1. I knew a few cases where people were married in their country, came to the US and got married again. They were able to bring their spouse here after divorce. Your comments definitely concern me, but i guess i need to get a final opinion from a lawyer.

And yes my wife in Pakistan knew about this situation all along.

Appreciate your help!

[Adzy 0]

Just talked to a friend who applied for his wife on fiancee visa after Nikah. He actually had a whole wedding ceremony in Pakistan. It was pretty recent too, about 3 years ago.

[pushbrk 12,182]

Just talked to a friend who applied for his wife on fiancee visa after Nikah. He actually had a whole wedding ceremony in Pakistan. It was pretty recent too, about 3 years ago.

There are many data points. Check out the ones who have been denied K1 visas after a Nikah.

[Adzy 0]

There are many data points. Check out the ones who have been denied K1 visas after a Nikah.

I see your point. Both the options are sort of risky i guess. The question is which one is riskier .

[pushbrk 12,182]

I see your point. Both the options are sort of risky i guess. The question is which one is riskier .

The fiancee visa is less likely to succeed but with the spouse visa you risk additional time and expense. The question I would ask myself is, what would I do if the fiancee visa is denied? If the answer is go there, have a civil marriage and start over, then you have the information you need to make your own decision.

[Adzy 0]

The fiancee visa is less likely to succeed but with the spouse visa you risk additional time and expense. The question I would ask myself is, what would I do if the fiancee visa is denied? If the answer is go there, have a civil marriage and start over, then you have the information you need to make your own decision.

Understood. Thanks for all the info.

[Myopia 93]

I explained this in detail earlier in the thread. He's too married for a K1 but not married enough for a CR1. A K1 would be denied because of the Nikah. I don't agree necessarily with such a decision. I just know that's the decision they will make and have made many times over. It's a "Catch 22" situation.

I re read the thread and what you said.

This is where you are losing me with the "too married".

Nikkah in Islam just means marriage. It isnt a special ceremony. It is the acceptance of the marriage between the man and the woman. That is all it is. If you have the Nikkah in Islam with no celebration, the man and woman are still considered married. Right?

So if someone in Pakistan was to have a Nikah with a woman and then file for a K1 they would be denied. Why? Because the nikkah IS the marriage in Islam. Of course if the Nikkah is consummated then is is the same as a marriage that is done in the courthouse here in the US because it fulfils the obligations of marriage in the place that it was contracted.

Right?

But in Pakistan the Nikkah is the marriage ceremony so regardless of whether then man and woman have consummated their marriage...it is still considered a marriage (Remember that they have to be in the same place for USCIS purposes as they dont accept unconsummated proxy marriages)

Right?

So HOW is the OP too married in a situation where his marriage is considered invalid., and it is considered invalid for USCIS purposes because he was not free to marry anyone.

How is he going to even use a marriage that is null for USCIS purposes?

I understand how others who have had Nikkah will get denied for K1. They are applying for the wrong visa but I dont follow how someone whos marriage is considered void will not be able to get a K1?

Help!

[pushbrk 12,182]

I re read the thread and what you said.

This is where you are losing me with the "too married".

Nikkah in Islam just means marriage. It isnt a special ceremony. It is the acceptance of the marriage between the man and the woman. That is all it is. If you have the Nikkah in Islam with no celebration, the man and woman are still considered married. Right?

So if someone in Pakistan was to have a Nikah with a woman and then file for a K1 they would be denied. Why? Because the nikkah IS the marriage in Islam. Of course if the Nikkah is consummated then is is the same as a marriage that is done in the courthouse here in the US because it fulfils the obligations of marriage in the place that it was contracted.

Right?

But in Pakistan the Nikkah is the marriage ceremony so regardless of whether then man and woman have consummated their marriage...it is still considered a marriage (Remember that they have to be in the same place for USCIS purposes as they dont accept unconsummated proxy marriages)

Right?

So HOW is the OP too married in a situation where his marriage is considered invalid., and it is considered invalid for USCIS purposes because he was not free to marry anyone.

How is he going to even use a marriage that is null for USCIS purposes?

I understand how others who have had Nikkah will get denied for K1. They are applying for the wrong visa but I dont follow how someone whos marriage is considered void will not be able to get a K1?

Help!

You're going to think my explanation is ridiculous and I won't argue that. I would ridicule this explanation too, even though I know it to be correct.

You have to separate the issues. First, we agree the couple isn't "married enough" for a spouse visa BECAUSE he wasn't free to marry.

He's also (let's say "not unmarried enough" instead of "too married") for a fiancee visa because of the fact he both had a Nikah AND consummated the marriage. The Consulate will ask if there was a Nikah. If there was, and particularly if the marriage was later consummated, they are going to say she doesn't qualify for a fiancee visa.

This is HOW one can be too married for fiancee visa and not married enough for a spouse visa. Couples with an unregistered Nikah being denied fiancee visas happens frequently all over the Muslim world. Yes, I think it's ridiculous, just as you do. But it pretty consistently works this way with regard to fiancee visas and Nikahs, and will definitely work that way for a spouse visa when the Nikah occurred before the groom was free to marry.

Google "Catch 22".

[Myopia 93]

You're going to think my explanation is ridiculous and I won't argue that. I would ridicule this explanation too, even though I know it to be correct.

You have to separate the issues. First, we agree the couple isn't "married enough" for a spouse visa BECAUSE he wasn't free to marry.

He's also (let's say "not unmarried enough" instead of "too married") for a fiancee visa because of the fact he both had a Nikah AND consummated the marriage. The Consulate will ask if there was a Nikah. If there was, and particularly if the marriage was later consummated, they are going to say she doesn't qualify for a fiancee visa.

This is HOW one can be too married for fiancee visa and not married enough for a spouse visa. Couples with an unregistered Nikah being denied fiancee visas happens frequently all over the Muslim world. Yes, I think it's ridiculous, just as you do. But it pretty consistently works this way with regard to fiancee visas and Nikahs, and will definitely work that way for a spouse visa when the Nikah occurred before the groom was free to marry.

Google "Catch 22".

Thanks for explaining it. I get what you are saying now.

What I don't understand is how that nikkah will be relevant to his petition when the consulate and USCIS by default will not be able to take it into consideration because it was a invalid marriage.

Its an invalid marriage for immigration purposes so not like the situations that you mentioned.

I understand about unregistered nikkahs etc but what you are saying in effect is a polygomous marriage IS relevant for USCIS purposes and that does seem rather ridiculous because it is contradictory to public policy.

No need to google catch 22. I read the novel by Joseph Heller when I was 12. Oh Geek that I was.

Again thanks for the explanation, I appreciate your time.

[Myopia 93]

Some additional reading for anyone interested.

Foreign Legal Polygamous marriage?

What USCIS Field Manual Says

One may normally presume the validity of a marriage upon presentation of a marriage certificate, duly certified by the custodian of the official record. As a general rule, the validity of a marriage is judged by the law of the place of celebration. If the marriage is voidable but no court action to void the marriage has taken place, it will be considered valid for immigration purposes. However, if a marriage is valid in the country where celebrated but considered offensive to public policy of the United Sta tes, it will not be recognized as valid for immigration purposes. Plural marriages fall within this category.

Matter of H.

Edited February 25, 2011 by Myopia

[Adzy 0]

Some additional reading for anyone interested.

Foreign Legal Polygamous marriage?

What USCIS Field Manual Says

Matter of H.

According to what you are saying I should be able to apply for K1 just fine. If the marriage is not recognized than there i am not "too married". By the way i love the term used "too married".

[S_AL_ 1]

Adzy you could get in trouble for polygamy since the nikah (which those who do not know) is the registered marriage in Pakistan. Once your divorce is finalized in the US, go back to Pakistan and redo the Nikah (for paperwork). It isn't a big deal since I had to re-register mine too after getting married in Europe. My spouse came to Pakistan and we signed the papers. In your case, you'd have to have a new date on the Nikah since the proof has to be established that this marriage did not take place while you were married in the US. This is the only way you can apply for your spouse or else you'd raise flags and your wife will have trouble getting a visa.

Finalize your divorce and get a divorce decree.

Go to Pakistan and redo the nikah

Come back and file for a CR-1 visa

Do not try any 'shortcuts' or your wife in Pakistan will suffer the consequences.

[pushbrk 12,182]

Thanks for explaining it. I get what you are saying now.

What I don't understand is how that nikkah will be relevant to his petition when the consulate and USCIS by default will not be able to take it into consideration because it was a invalid marriage.

Its an invalid marriage for immigration purposes so not like the situations that you mentioned.

I understand about unregistered nikkahs etc but what you are saying in effect is a polygomous marriage IS relevant for USCIS purposes and that does seem rather ridiculous because it is contradictory to public policy.

No need to google catch 22. I read the novel by Joseph Heller when I was 12. Oh Geek that I was.

Again thanks for the explanation, I appreciate your time.

You're still confusing USCIS and the Consulate. When the fiancee visa is denied, USCIS may well reaffirm the petition and send it back to Islamabad. It's the Consulates carrying out this "no fiancee visa when there's a Nikah, not USCIS. These are separate agencies that have had ongoing power struggles for decades. USCIS doesn't issue visas.

[pushbrk 12,182]

Adzy you could get in trouble for polygamy since the nikah (which those who do not know) is the registered marriage in Pakistan. Once your divorce is finalized in the US, go back to Pakistan and redo the Nikah (for paperwork). It isn't a big deal since I had to re-register mine too after getting married in Europe. My spouse came to Pakistan and we signed the papers. In your case, you'd have to have a new date on the Nikah since the proof has to be established that this marriage did not take place while you were married in the US. This is the only way you can apply for your spouse or else you'd raise flags and your wife will have trouble getting a visa.

Finalize your divorce and get a divorce decree.

Go to Pakistan and redo the nikah

Come back and file for a CR-1 visa

Do not try any 'shortcuts' or your wife in Pakistan will suffer the consequences.

If a new Nikah is possible, that too will work instead of a civil marriage. Perhaps would even be better.