Anyone in KL go through CR-1? My situation is different - can't find answers

[mizzmorgan 0]

Ok here goes.....

We met in KL - got married in Thailand - now we are back in KL. I have a work visa in KL pending. HOWEVER....

KL won't recognize my marriage. So.....where the heck do I file now? Anyone have experience with filing CR-1 in KL? My husband's TV is good for a couple more months and he has to decide whether he has to go back to his home country. If I get my work visa, I doubt he can stay with me as spouse seeing that KL does not recognize our marriage. Sigh.......has this happened to anyone???????

I've read ALL the websites (US Embassy in KL, even the one in BKK, UCIS and here) and I can't find any answers. All forms are for USCs living in the US (or moved back after marriage). I don't have a job in US - I was travelling for 2 years (didn't file taxes at that time) and now my life has changed. Is my only option to cancel my pending work visa, move back to the US, get settled and THEN apply in a year while my husband stays in his home country?

I finally get married after all these years and now our marriage isn't even recognized...just great.

Can anyone help?

[caly 48]

As long as your marriage is legal in Thailand, it will be recognized by the US. You shouldn't have trouble filing for the CR-1.

Are you planning to file via DCF? Take note: DCF filing is no longer an option in KL. As of August 15 2011, you must mail your I-130 petition to the Chicago Lockbox as the KL consulate does not have a USCIS counter.

http://photos.state.gov/libraries/malaysia/383873/cons/changes_to_filing_i-130_petitions_overseas-081011.pdf

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2b2a3e70369ff210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Also, is your husband currently with you in KL? Or is he back in Iran?

[mizzmorgan 0]

Hi Caly,

Thanks for your response. I know there is no DCF in KL and my husband is here. The problem is this....US Embassy in KL WILL NOT recognize our marriage unless it's authenticated - they DO NOT authenticate the documents so that means my marriage certificate is invalid (how can I use something if they don't accept it?). I don't know if it can only be done by the US Embassy in Bangkok (yet no one can guarantee this). So if my embassy doesn't recognize it because it's not authenticated, that means my husband cannot be on my work visa. Which means..I can't file for a spouse visa since it won't be recognized! (The difference is the accepting of my marriage certificate by the embassy)

Wow I didn't realize it was such a headache......

[caly 48]

Hummmm.... I wonder if an apostille or translation (if the document is not in English)is all you need. You mentioned researching the website. Have you tried calling the US embassy in KL to ask them exactly what you would need to get your marriage certificate recognized there?

So if my embassy doesn't recognize it because it's not authenticated, that means my husband cannot be on my work visa.

I don't really understand what you mean by this. If you are applying for a Malaysian work visa, you should be checking with Malaysian Immigration, not the US embassy in Malaysia

Overall, I'm still trying to wrap my brain around the fact that if USCIS and NVC has no problems accepting a Thai marriage certificate as a civil document for beneficiaries in Thailand... Just because your spouse will be interviewing in KL should not change that fact that the US government recognizes the marriage.

Perhaps you should try asking on the Thailand forums if anything was needed to ascertain the validity of the document in the eyes of the US government.

Just throwing stuff out there. I might be completely off the mark.

I hope you get this sorted out soon.

[mizzmorgan 0]

It's confusing and here is why....AFTER I have already contacted the two offices here in KL (Embassy and Consulate's office that handles visas).....

Notarize, Legalize and Authenticate.....My marrige certificate was translated into English and the translated copy was then LEGALIZED (which is required to make it official) at the Thai MFA. However, coming back to KL, my embassy will not register my marriage (meaning they do not accept the certificate) unless it's AUTHENTICATED. What difference does it make if a Thai marriage is good in the US because my embassy here won't even accept it! To make matters worse, the US Embassy in KL DOES NOT authenticate documents. So I have to go back to Bangkok to sort out the mess...but even then I don't know if the embassy here will accept it then! Hence the issue with my work visa since I can't even prove that I am married. It's not an issue with Malaysian Immigration yet - I can't even get my own country to acknowledge that I am married.... Yeah it's confusing....and I can't get answers from both offices at the Embassy. They tell me just go to the website....

Only married in Thailand.....go figure.