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Filed: K-1 Visa Country: Malaysia
Timeline
Posted

Hello,

We send out the petition in November and we received Notice of Action NOA 1 in December 10th, 2013 confirmed that our case is in initial review stage. As a Muslim, and in my country to be able to legally married, Muslims need to register their marriage under the Syariah law. My fiance and I is planning to do the religious ceremony (get married under the Syariah law) once we get the fiance visa (K-1), before I move to the US permanently. But, we curious whether is possible and not messing-up the fiance visa procedures. Appreciate thoughts and perspectives from members of this forum.

Azeera and Felipe

Filed: Citizen (apr) Country: Mexico
Timeline
Posted (edited)

If it is a legal marriage there, then it is a legal marriage for the purpose of immigration. You cannot get married and then enter the US with a K-1. A K-1 is for unmarried persons only. The marriage must take place in the US within 90 days of entry. Your K-1 would no longer be valid and you could not enter the US with it if you marry first.

http://www.state.gov/documents/organization/86920.pdf

If the law is complied with and the marriage is recognized, then the marriage is deemed to be valid for immigration purposes.
Edited by Jay-Kay

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: Citizen (apr) Country: Jordan
Timeline
Posted

My friend from Algeria was just denied for doing this. Married is married, of course it complicate things, it will result in a denial. A k1 is for you to travel the US and get married HERE within 90'days. I don't understand why so many people can't grasp this concept.


Filed: Citizen (apr) Country: Iran
Timeline
Posted

If you are already married when you arrive with your K-1 visa you will not be permitted to enter as you are not a "fiance" but a "wife". You must have your marriage inside the US. Any marriage in any other country that is recognized as such by the government, which it sounds like yours would be, will void the fiance visa.

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Hello,

We send out the petition in November and we received Notice of Action NOA 1 in December 10th, 2013 confirmed that our case is in initial review stage. As a Muslim, and in my country to be able to legally married, Muslims need to register their marriage under the Syariah law. My fiance and I is planning to do the religious ceremony (get married under the Syariah law) once we get the fiance visa (K-1), before I move to the US permanently. But, we curious whether is possible and not messing-up the fiance visa procedures. Appreciate thoughts and perspectives from members of this forum.

Azeera and Felipe

If you're going to do that, you'll have to get married and go the CR-1 route.

November 14th, 2013: She's here!

December 12th, 2013: Picked up marriage license.

December 14th, 2013: Wedding

6gai.jpg

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

Not only do you risk denial on entry but at every point later in the process and when it comes to USC they do investigate. If you have posted wedding pics on face book by then you can have USC denied AND they will revoke your green card for fraud

This will not be over quickly. You will not enjoy this.

Posted

Hello,

We send out the petition in November and we received Notice of Action NOA 1 in December 10th, 2013 confirmed that our case is in initial review stage. As a Muslim, and in my country to be able to legally married, Muslims need to register their marriage under the Syariah law. My fiance and I is planning to do the religious ceremony (get married under the Syariah law) once we get the fiance visa (K-1), before I move to the US permanently. But, we curious whether is possible and not messing-up the fiance visa procedures. Appreciate thoughts and perspectives from members of this forum.

Azeera and Felipe

You cant do that, because you are getting merry before enter tu usa.

they are going to send to you back home if you enter to usa.

That is a legal marriage in your country reconozied by the law.

Filed: Timeline
Posted

Hello,

We send out the petition in November and we received Notice of Action NOA 1 in December 10th, 2013 confirmed that our case is in initial review stage. As a Muslim, and in my country to be able to legally married, Muslims need to register their marriage under the Syariah law. My fiance and I is planning to do the religious ceremony (get married under the Syariah law) once we get the fiance visa (K-1), before I move to the US permanently. But, we curious whether is possible and not messing-up the fiance visa procedures. Appreciate thoughts and perspectives from members of this forum.

Azeera and Felipe

Not sure about the sharia thing but almost all other islamic process can be down in the US, we have mosques and imams here too.

Posted

It shouldn't really matter whether your home country sees you as married or not, since you aren't planning on living there. Wait until you get to the US to get married.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

Filed: AOS (apr) Country: Cyprus
Timeline
Posted

Hello,

We send out the petition in November and we received Notice of Action NOA 1 in December 10th, 2013 confirmed that our case is in initial review stage. As a Muslim, and in my country to be able to legally married, Muslims need to register their marriage under the Syariah law. My fiance and I is planning to do the religious ceremony (get married under the Syariah law) once we get the fiance visa (K-1), before I move to the US permanently. But, we curious whether is possible and not messing-up the fiance visa procedures. Appreciate thoughts and perspectives from members of this forum.

Azeera and Felipe

No, you can't do that without getting into huge problems.

You would be considered married legally in your country with the ceremony under Syariah law and therefore also be considered legally married in the eyes of the US.

Don't do it.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Filed: K-1 Visa Country: Malaysia
Timeline
Posted

No, you cannot. When you register under the Syariah law in Malaysia, it is considered a legal marriage. Since you have already filed for K1, you can either proceed with it and get married in USA or withdraw your current petition, get married and then file for CR1 or K3. :)

__________________________________________________________


Our Story


April 2012 - Met in my hometown


Sept 6, 2012 - Trip to the Philippines


Sept 7, 2012 - Officially a couple


Dec 3-7, 2012 - Trip to Hong Kong!


April 20, 2013 - I went to Guam biggrin.png


May 2013 - Came back and he proposed!


Jan 3, 2014 - Official engagement according to my custom


__________________________________________________________


K1 Visa Journey


August 28, 2013 - Mailed I-129F


Sept 10, 2013 - NOA1 (hardcopy)


Oct 2, 2013 - NOA2


Nov 6, 2013 - NVC received (Case creation date)


Nov 8, 2013 - NVC left


Nov 12, 2013 - Embassy received


Nov 22, 2013 - CEAC status updated (p3 sent to me)


Nov 29, 2013 - Received P3


Dec 2, 2013 - Replied P3


Dec 4, 2013 - CEAC status updated (Embassy received P3)


Dec 13, 2013 - CEAC status updated (interview date assigned - Called DoS to get it)


Dec 16, 2013 - Medical in Kuching - Passed


Dec 20, 2013 - Received P4 hardcopy


Jan 9, 2013 - RESULT: APPROVED!!!!!


heart.gif heart.gif heart.gif heart.gif heart.gif heart.gif

Filed: K-1 Visa Country: Malaysia
Timeline
Posted

If it is a legal marriage there, then it is a legal marriage for the purpose of immigration. You cannot get married and then enter the US with a K-1. A K-1 is for unmarried persons only. The marriage must take place in the US within 90 days of entry. Your K-1 would no longer be valid and you could not enter the US with it if you marry first.

http://www.state.gov/documents/organization/86920.pdf

Dear Jay-Kay,

Many thanks for the link. We missed this document before! This document is very helpful, indeed! ;)

And, to all members that responded to this thread, thank you so very much! And, this really put both of us back on the right track. Sometimes, it is easy to lose sight of things that very critical throughout K1 visa process. As in my case, we both need to consider my parent's point of view that certainly want us to get married according to religious principle. In my religion, a unmarried single woman need to get her father/ guardian permission to get married (called as 'wali'). Plus, in my country, we have dual system where Islamic laws applied to Muslims - all Muslims, while civil marriage for non-Muslim couples. The reason that we planned to do religious ceremony in Malaysia first before I fly to the US is to consider my parents and family religious background. As for now, we need to make a detour and come out with new plans and put more efforts to explain to my parents. We're thinking to bring my parents to the US and do the religious ceremony after we register the marriage under the US civil law. The religious ceremony can be held in Malaysian Embassy or mosques nearby. But, by doing this my parents need to apply for B1/B2 visa category.

Azeera and Felipe

 
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