Which Visa should I apply for?

[sulhaq 59]

Hello Everyone,

I am a Pakistani American living here in the United States for the past 11 years or so. I have recently gotten engaged and will be getting married hopefully in December of this year.

I am going to Pakistan next week to visit my fiance for the first time and the topic came up that it would be easily possible for us to perform a court marriage to obtain the necessary Marriage Certificate, and then hold the official Marriage Ceremony in December.

Now I am a bit confused as to which visa to apply for bringing her to the US.

Option A: I could apply for K1 Visa. We are engaged and I will have all the necessary proof that we have had an ongoing relationship for the past 1 year or so. However, this will only be the first time I'll actually physically get to meet her in many years. She visited me in the US on a tourist visa about 4 years ago (we weren't engaged then) and I haven't seen her since. This will be the first time I will see her in 4-5 years and then I will immediately apply for a K1 Visa. Even though my intentions are genuine and I will have all the necessary proof that I have had an ongoing relationship and have met her in the previous 2 years, I'm a little bit nervous that I might get denied on the basis that I only met her once in the previous two years, and filed for a K1 a week after meeting her.

Option B: Get a Court Marriage in Pakistan and then file for I-130. This is the safest option in my opinion, however, I will have to wait for the Marriage Certificate to arrive (which takes 2 weeks in Pakistan), so I will not be able to file until August and then the whole process will take another 8-10 months. Plus it is more tedious than K1. I do want her to come to the US as soon as possible.

Option C: Same as Option B but after getting NOA1 for I-130 I can file for I-129F. This will be a little faster than Option B I hope....

I live in Maryland, so I suppose all my applications will be processed by the VSC. I see on their website they are also backed up on their I-130s, now processing applications from November of last year. Another reason that puts me off filing for I-130.

Please advise as to what your experiences have been and which route I should take.

Thankyou.

[JimVaPhuong 4,863]

Forget the K3. It was introduced at a time when an I-130 for a spouse took a couple of years to process, and it was unfair to make a married couple wait for an immigrant visa when an engaged couple could get a K1 and wait for the green card together in the US. Processing times have changed dramatically. USCIS almost always sends the approved I-129F and I-130 to NVC at the same time. Department of State policy now is to administratively close the I-129F, and send the I-130 to the consulate for IR1 or CR1 visa processing.

In other words, you can send the I-129F after you get the NOA1 for the I-130, but your wife will almost certainly be interviewing for a CR1 rather than a K3 visa.

I don't really think it makes a difference whether you file for the K1 or the CR1. Pakistan is tough in either case. Are you both the same religion? Do both of your families know about and approve of your relationship? Do either of you have a recent divorce? Do you have sufficient income to sponsor her? If the answers to all of these questions are "yes" then you've got a pretty good shot, no matter which way you go.

[sulhaq 59]

Thank you for your response.

The answer to all the questions you posed is Yes, except divorce. We are both bachelors and this will be our first marriage (and hopefully the only one).

In regards to K3, as I pointed out, VSC is backed up to November of last year in terms of processing I-130s. But they are processing I-129Fs at the normal pace.

For the Fiance Visa, as I pointed out I have all the necessary evidence, intent and support from all of my family, but I am just a bit nervous as to only having met her once in the past two years.

[JimVaPhuong 4,863]

Thank you for your response.

The answer to all the questions you posed is Yes, except divorce. We are both bachelors and this will be our first marriage (and hopefully the only one).

In regards to K3, as I pointed out, VSC is backed up to November of last year in terms of processing I-130s. But they are processing I-129Fs at the normal pace.

For the Fiance Visa, as I pointed out I have all the necessary evidence, intent and support from all of my family, but I am just a bit nervous as to only having met her once in the past two years.

Yeah, sorry. I worded the "divorce" part incorrectly.

A single meeting is less of an issue in Pakistan where customs generally don't allow for western style "dating". By the same token, while a traditional relationship may involve only a single meeting, a traditional relationship also requires approval and support of the families. As long as you've got that base covered then you should be ok.

I looked in the K3 forum and I see that there aren't too many K3's being done, and many people are still seeing both petitions arrive at the NVC at the same time. You're free to give it a shot. Maybe you'll be one of the few who end up getting a K3.

[Darnell 8,478]

if you have a government issued marriage certificate, then yer married, as far as USCIS and DoS is concerned - anything religious ceremony is 'extra'.

So, if you DO get the civil ceremony, yer married but it may not yet be consummated. And that's OK for filing the I-130. USUALLY, if the marriage is consummated prior to interview day, yer golden.

IMO, file the I-130 after the civil ceremony, then (later) provide all of the wedding photos of the religious ceremony and big party on interview day at the Embassy.