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Does CR1/K3 still an option,

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HI Everyone,

This is on behalf of my friend,

His story, Married to USC 2004 in Pakistan, have a baby in 2005, came to US in 2007, things starts getting bad and got separated in 2008. Worked hard to reconcile with his wife and parents but nothing positive for betterment , the guy wait for her 6 years and nether him nor the wife want to file for divorce. Then parents force him to file for divorce and he agrees to do it, he visits Pakistan and there the parents introduce him with a nice lady and he got into a relationship, back in 2013 he visits Pakistan again to have a ceremonial and religious marriage. Back to US and filed for divorce, the divorce is just finalize and hes officially divorce now.

NOW,, what options he has to bring his current wife to the US?

K1? CR1? K3?

Another thing is he's unemployed and cant afford to visit again to Pakistan and I'm helping him for the co-sponsor affidavit.

Regards-

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HI Everyone,

This is on behalf of my friend,

His story, Married to USC 2004 in Pakistan, have a baby in 2005, came to US in 2007, things starts getting bad and got separated in 2008. Worked hard to reconcile with his wife and parents but nothing positive for betterment , the guy wait for her 6 years and nether him nor the wife want to file for divorce. Then parents force him to file for divorce and he agrees to do it, he visits Pakistan and there the parents introduce him with a nice lady and he got into a relationship, back in 2013 he visits Pakistan again to have a ceremonial and religious marriage. Back to US and filed for divorce, the divorce is just finalize and hes officially divorce now.

NOW,, what options he has to bring his current wife to the US?

K1? CR1? K3?

Another thing is he's unemployed and cant afford to visit again to Pakistan and I'm helping him for the co-sponsor affidavit.

Regards-

His 'current wife?' The one he married while he was still married? Sorry, he has no current wife, at least as far as the U.S. is concerned. Bigamy is illegal in the U.S.

He could petition his girlfriend as a fiancée. That's pretty much it. And he has to do it within two years of an in-person meeting. Either that or go back to Pakistan, legally marry her, and petition her as a spouse.


Met in Ormoc, Leyte, Philippines: 2007-05-17
Our son was born in Borongan, Eastern Samar, Philippines: 2009-04-01
Married in Borongan, Eastern Samar, Philippines: 2009-10-24
CR-1 Visa - California Service Center; Consulate - Manila, Philippines
I-130 mailed: 2010-04-13
I-130 NOA1: 2010-04-24
I-130 NOA2: 2010-09-30
NVC received case: 2010-10-14
Case Complete: 2010-12-01
Interview scheduled: 2010-12-06
Medical, St. Luke's, Manila: 2010-12-09 and 2010-12-10
Interview at US Embassy in Manila 8:30 AM: 2011-01-05 - Approved!
Visa delivered: 2011-01-08
CFO Seminar completed: 2011-01-10
My beloved wife Sol and my beautiful son Nathan arrive in the U.S. (POE San Francisco): 2011-01-26
Lifting Conditions - Vermont Service Center
Date mailed: 2012-11-01
Receipt date: 2012-11-05
NOA received: 2012-11-09
Biometrics letter received: 2012-11-16
Biometrics appointment date: 2012-12-10
Biometrics walk-in successful: 2012-11-20
Removal of Conditions approved date: 2013-04-27
10 year green card mailed: 2013-05-03
10 year green card received: 2013-05-06
Citizenship
N400 mailed: 2013-10-28
N400 delivered: 2013-10-31
NOA1: 2013-11-04
Biometrics: 2013-11-18
In Line: 2013-12-26
Interview scheduled: 2013-12-30
Interview: 2014-02-03

Oath ceremony queue: 2014-02-07

Oath ceremony: 2014-03-28 Sol is a U.S. citizen

Applied for expedited passport: 2014-04-01

Passport received, Priority Express: 2014-04-09 This is journey's end at last!

Naturalization certificate returned, Priority Mail: 2014-04-12

Passport card received, First Class: 2014-04-14

1457 days, I-130 mailed to passport in hand

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, so that marriage be nill and void for immigration?means hes still eligible to file K1 though he was married?

First point, absolutely that is the case. Second point, I believe he's still eligible to file K-1, not 100% sure. Can someone chime in who is certain?


Met in Ormoc, Leyte, Philippines: 2007-05-17
Our son was born in Borongan, Eastern Samar, Philippines: 2009-04-01
Married in Borongan, Eastern Samar, Philippines: 2009-10-24
CR-1 Visa - California Service Center; Consulate - Manila, Philippines
I-130 mailed: 2010-04-13
I-130 NOA1: 2010-04-24
I-130 NOA2: 2010-09-30
NVC received case: 2010-10-14
Case Complete: 2010-12-01
Interview scheduled: 2010-12-06
Medical, St. Luke's, Manila: 2010-12-09 and 2010-12-10
Interview at US Embassy in Manila 8:30 AM: 2011-01-05 - Approved!
Visa delivered: 2011-01-08
CFO Seminar completed: 2011-01-10
My beloved wife Sol and my beautiful son Nathan arrive in the U.S. (POE San Francisco): 2011-01-26
Lifting Conditions - Vermont Service Center
Date mailed: 2012-11-01
Receipt date: 2012-11-05
NOA received: 2012-11-09
Biometrics letter received: 2012-11-16
Biometrics appointment date: 2012-12-10
Biometrics walk-in successful: 2012-11-20
Removal of Conditions approved date: 2013-04-27
10 year green card mailed: 2013-05-03
10 year green card received: 2013-05-06
Citizenship
N400 mailed: 2013-10-28
N400 delivered: 2013-10-31
NOA1: 2013-11-04
Biometrics: 2013-11-18
In Line: 2013-12-26
Interview scheduled: 2013-12-30
Interview: 2014-02-03

Oath ceremony queue: 2014-02-07

Oath ceremony: 2014-03-28 Sol is a U.S. citizen

Applied for expedited passport: 2014-04-01

Passport received, Priority Express: 2014-04-09 This is journey's end at last!

Naturalization certificate returned, Priority Mail: 2014-04-12

Passport card received, First Class: 2014-04-14

1457 days, I-130 mailed to passport in hand

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Filed: Citizen (apr) Country: Nigeria
Timeline

First point, absolutely that is the case. Second point, I believe he's still eligible to file K-1, not 100% sure. Can someone chime in who is certain?

I'm confused. Did he marry the new love or not?

If he didn't marry her he can only do a I-129F which will get you a K1 Visa.

If he married her he can file a I-130 which will get him a CR-1 Visa.

K3 not really.


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I'm confused. Did he marry the new love or not?

If he didn't marry her he can only do a I-129F which will get you a K1 Visa.

If he married her he can file a I-130 which will get him a CR-1 Visa.

K3 not really.

His marriage would not be considered legal in the U.S. - you can only be married to one person at a time.


Met in Ormoc, Leyte, Philippines: 2007-05-17
Our son was born in Borongan, Eastern Samar, Philippines: 2009-04-01
Married in Borongan, Eastern Samar, Philippines: 2009-10-24
CR-1 Visa - California Service Center; Consulate - Manila, Philippines
I-130 mailed: 2010-04-13
I-130 NOA1: 2010-04-24
I-130 NOA2: 2010-09-30
NVC received case: 2010-10-14
Case Complete: 2010-12-01
Interview scheduled: 2010-12-06
Medical, St. Luke's, Manila: 2010-12-09 and 2010-12-10
Interview at US Embassy in Manila 8:30 AM: 2011-01-05 - Approved!
Visa delivered: 2011-01-08
CFO Seminar completed: 2011-01-10
My beloved wife Sol and my beautiful son Nathan arrive in the U.S. (POE San Francisco): 2011-01-26
Lifting Conditions - Vermont Service Center
Date mailed: 2012-11-01
Receipt date: 2012-11-05
NOA received: 2012-11-09
Biometrics letter received: 2012-11-16
Biometrics appointment date: 2012-12-10
Biometrics walk-in successful: 2012-11-20
Removal of Conditions approved date: 2013-04-27
10 year green card mailed: 2013-05-03
10 year green card received: 2013-05-06
Citizenship
N400 mailed: 2013-10-28
N400 delivered: 2013-10-31
NOA1: 2013-11-04
Biometrics: 2013-11-18
In Line: 2013-12-26
Interview scheduled: 2013-12-30
Interview: 2014-02-03

Oath ceremony queue: 2014-02-07

Oath ceremony: 2014-03-28 Sol is a U.S. citizen

Applied for expedited passport: 2014-04-01

Passport received, Priority Express: 2014-04-09 This is journey's end at last!

Naturalization certificate returned, Priority Mail: 2014-04-12

Passport card received, First Class: 2014-04-14

1457 days, I-130 mailed to passport in hand

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Filed: Citizen (apr) Country: Nigeria
Timeline

His marriage would not be considered legal in the U.S. - you can only be married to one person at a time.

Yeah my bad I went back and had to read again and saw that. :oops: . Yep K1 is for them if he can't get their to marry her.


Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.

Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

 

Come join the current Interview thread: 

Complete-dq-to-interview-february-2021/

Case Complete to Interview Form

 

Case Complete to Interview Spreadsheet
 

 

 

ROC I751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
2/27/2020: Combo Interview (ROC and Citizenship)
3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
4/8/2020: Approved
4/10/2020: Card mailed
4/15/2020: 10 year green card received
 
 
N400
5/21/2019: Filed Online
5/21/2019: NOA1 Date
6/13/2019: Biometrics Appt
2/27/2020: Citizenship Interview
4/7/2020: In queue for Oath Ceremony to be scheduled
6/19/2020: Notice Oath Ceremony scheduled
7/8/2020: Oath Ceremony (Houston)

 

 

 

 

 

 

 

 

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No the K1 won't be valid either. His second wife and he would also have to get divorced. Basically his second marriage is not legal in the USA because he was married before he was divorced. But that doesn't mean he's not married in Pakistan (I'm unsure about their rules on bigamy.) So if his second marriage was legal in Pakistan, he will need to get divorced in Pakistan and then he can either do the K1, or get remarried and get the CR1.


Note to people, please get divorced, completely, before getting remarried.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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So if the second marriage is legal in Pakistan, that means he's not eligible for K1 and what's the best way to proceed for cr1 ? Dies he needs to revisit pakistan n remarried ?

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So if the second marriage is legal in Pakistan, that means he's not eligible for K1 and what's the best way to proceed for cr1 ? Dies he needs to revisit pakistan n remarried ?

Yes he would need to get remarried. He may need to divorce first however.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: Citizen (apr) Country: Ecuador
Timeline

*** A post that hijacked this thread has been split into its own thread in the CR-1 Process forum, with the title "Basic Questions after Completion of I-864 [split topic." ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Yes he would need to get remarried. He may need to divorce first however.

OK let me high-lite on the divorce issue in general and particularly in this case , Islam prohibits to divorce your wife and then remarried her again , there are certain rules in order to do this and I believe the US embassy and the state department follows and respect the religious beliefs of the land and accordingly recognize them for immigration rules. So my take on this issue be, better my friend revisit Pakistan and renewed the marriage certificate at a new date have the proper ceremony again if he wants to and then file for CR1.

What if the beneficiary don't even mention her previous marriage ceremony and be specific on the current during interview, would it be a problem? as the utmost importance is to show the bonafied marriage.

Please Advised.....

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Not mentioning or lying during the interview would be lying and can be misrepresentation meaning a lifetime ban to the USA.

If divorce and remarriage is not allowed, then perhaps just remarriage would work. LIke I said, I do not know how that works in Pakistan only that the USA does not allow for bigamy and that in general, a marriage that takes place while still married to another person is bigamy. That makes the second marriage nul and void. Just remarrying again may work so that may be a question best asked of a good immigration lawyer.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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