K-1 visa

[Imagination 15]

I have a friend who filed for a K-1 visa and after waiting for a while for response, went back to pakistan and had his nikah. While they are still waiting for the response, he is unsure of what to do next. From that time, he has received approval and waiting for interview. I didnt know what to advise him.. please help!

[Inky 1,111]

Advise him he made a mistake getting married because now they cannot get a K-1 as it is for unmarried people only.

[EAbbas 213]

The k1 petition will be denied at interview becaus as Inky said its for fiance only.. they are no longer fiance they are married. He needs to withdraw the petition and stop the interview letting them know he has married. Then he needs to begin a CR1 petition.

He just shot himself in the foot. He should have waited for the interview. Now he will have to start all over again.... A CR1 will take about 5-6 months for USCIS (if lucky) about another 1-2 months for NVC and the interview? well if all goes well it will be approved right away and visa issued or can take the course of AP and that nobody can tell you how long that will take so his process now will be between 8 months to a year or more.,

HE SHOULD NOT GO TO THE K1 INTERVIEW... it will be denied and if they go and don't tell they did Nikah then its misrepresentation and fraud which can lead to a ban from the USA.

Edited February 15, 2012 by EAbbas

[Tim/Mav 305]

I don't have anything to add but: Inky and EAbbas are correct.

So, I did'nt add anything. I'm Worthless.

[Hank_ 9,174]

Advise him he made a mistake getting married because now they cannot get a K-1 as it is for unmarried people only.

:thumbs:

[pushbrk 13,252]

The thing to do now is send a letter withdrawing the I-129F petition. Do not pursue a spouse visa after marriage. File an I-130 to begin a spouse visa process. The K1 visa is worse than a lost cause. To pursue it would be a crime we call visa fraud. Results of intentional visa fraud can result in lifetime bans from the USA for the foreigner.

[Imagination 15]

The thing to do now is send a letter withdrawing the I-129F petition. Do not pursue a spouse visa after marriage. File an I-130 to begin a spouse visa process. The K1 visa is worse than a lost cause. To pursue it would be a crime we call visa fraud. Results of intentional visa fraud can result in lifetime bans from the USA for the foreigner.

Told him! and found out that I misunderstood his situation. They didn't officially get married (or got nikah). They had a wedding-like engagement. he was worried it may appear to the CO that it is a wedding (cuz it looks just like it, except for its not an official wedding). he did this "event" for the relatives who will not be able to attend when he has his wedding in the US.

Any thoughts? Should he be worried?

Edited February 16, 2012 by Imagination

[Gary and Alla 3,694]

I have a friend who filed for a K-1 visa and after waiting for a while for response, went back to pakistan and had his nikah. While they are still waiting for the response, he is unsure of what to do next. From that time, he has received approval and waiting for interview. I didnt know what to advise him.. please help!

Withdraw the K-1 petition and file a CR-1 for his wife. Wait about 1 year, maybe more, and she will be able to come. K-1s are for FIANCEES. He no longer has a fiancee.

Told him! and found out that I misunderstood his situation. They didn't officially get married (or got nikah). They had a wedding-like engagement. he was worried it may appear to the CO that it is a wedding (cuz it looks just like it, except for its not an official wedding). he did this "event" for the relatives who will not be able to attend when he has his wedding in the US.

Any thoughts? Should he be worried?

Yes, K-1s have been denied for this because it appears to be visa fraud and that is all it takes to get denied. Of course then they have to really get married and start over again.

[skiptex 225]

Told him! and found out that I misunderstood his situation. They didn't officially get married (or got nikah). They had a wedding-like engagement. he was worried it may appear to the CO that it is a wedding (cuz it looks just like it, except for its not an official wedding). he did this "event" for the relatives who will not be able to attend when he has his wedding in the US.

Any thoughts? Should he be worried?

[Imagination 15]

My opinion on this is that the COs in Pakistan would be familiar with the pakistani culture where engagements are that extravagant. I am looking to hear from the pakistani community who has experienced this or has first-hand knowledge of a similar situation.

thank you all for your thoughts and ideas.

[skiptex 225]

My opinion on this is that the COs in Pakistan would be familiar with the pakistani culture where engagements are that extravagant. I am looking to hear from the pakistani community who has experienced this or has first-hand knowledge of a similar situation.

thank you all for your thoughts and ideas.

you could ask a MOD to move this to a REGION SPECIFIC Area.. you should get what you seek there..

[EAbbas 213]

http://www.visajourney.com/forums/topic/323391-k1-visa-about-to-be-returned-to-nvc/

This wasn't in pakistan but india.. they did an engagement and because it looked similar to what wedding pictures would look like they had real issues .... i think it's fair to say that the CO is the one who will interpret the documents and proofs of relationships and we don't know what their thinking will be therefore if it is even similar enough to a nikah then that is what it will be interpreted as unless they have undeniable proof it was an engagement party and even then it could be risky as to whether or not the CO will even look further into the case.

[Imagination 15]

http://www.visajourney.com/forums/topic/323391-k1-visa-about-to-be-returned-to-nvc/

This wasn't in pakistan but india.. they did an engagement and because it looked similar to what wedding pictures would look like they had real issues .... i think it's fair to say that the CO is the one who will interpret the documents and proofs of relationships and we don't know what their thinking will be therefore if it is even similar enough to a nikah then that is what it will be interpreted as unless they have undeniable proof it was an engagement party and even then it could be risky as to whether or not the CO will even look further into the case.

Thank you! that was very helpful!