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asebaihi

I need assistance.

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Last year I got engaged to a syrian. The syrian culture is really complicated. In order to go out with the person you like we do something called "ktab" and we get engaged. This"ktab" gets registered as marriage. At this point you can date go out ...etc but no sleeping together until you get married and do a wedding ceremony. So I did the engagement party went out together...etc. I knew this girl way back but the engagement was last year. I headed back to USA and I applied for aI29 for a fiance visa. After a long wait it finally got approved and they requested documents. in her documents they don't say single anymore it shows as married. As you know right now syria is not a safe place and she is at risk. I am not sure how to proceeded with this can I continue filling or do I need to do I30. If i need to do I30 is there way to still use the I29and have her get on a k1 visa? I'm really scared for her. I can not function correctly with out her, i'm always up all night trying to figure out what to do. if there was an american embassy in syria she can go there. but its very hard to commute back and forth being a girl by herself all the way to lebanon; her parents don't ever let her go out alone. last time she went to lebaon with her mother. I also applied for her mother's visa so she can come to the states because no wedding has happened yet and she wants to be here when her daughter gets married in usa. She got denied. On the boarder they them only 48 hrs to enter lebanon and the only reason she was allowed is because she had an appointment with the us embassy. now they will not let her enter lebanon. Now my fiance who is registered by law as my wife will have difficulty entering lebanon because she can't go by herself. America has issued a warning to not enter syria, and recommended not to enter lebanon. I'm terrified to go there and get her and even if I am there im not sure How i can bring her to usa. What can I do in my situation. I'm willing to try anything to get my love here. In my eyes she is my fiance, to arab culture she is not married but according to law she is. What can be done in this situation? :crying::cry:

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If according law you are married there, than according to law you are here. The U.S. government recognizes all marriages in other countries. You will have to file for a spousal visa. The K1 will get denied if you proceed with it as it's for a fiance which you aren't according to local customs and Syrian law.

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Post in the regional or have this moved, others have dealt with this and know how they will handle this. I know in Nigeria they have a state couples can get into that is too married for a K1 and not married enough for a CR1. Good luck


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

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Post in the regional or have this moved, others have dealt with this and know how they will handle this. I know in Nigeria they have a state couples can get into that is too married for a K1 and not married enough for a CR1. Good luck

can you explain more on what you mean? do you mean that this will not work for me in either way?

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signing the "ktab" is a marriage contract, you are legally married in the eyes of USCIS and no longer qualify for the K-1. You need to withdraw the K-1 and apply for the Cr-1, you have no choice.



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Find out what papers your embassy finds as an acceptable document as being married and registered and file a I-130 for a CR1, the I-129F has sailed,

you are "too married" for that.

As suggested someone in your regional forum should know exactly what that document is or email the embassy so you won't get a RFE when you

file the spousal visa.


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.

 

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Hi,

The marriage was registered. You are married. The law is what matters in the immigration game.

You will have to file the I-130 for a spousal visa. You can not file for a fiancee since she is legally your wife.

She will have to enter Lebanon to have her interview. If her mother can't go, then her mother can't go.

Nothing is easy. Especially in a war zone.

Best of luck my friend.

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signing the "ktab" is a marriage contract, you are legally married in the eyes of USCIS and no longer qualify for the K-1. You need to withdraw the K-1 and apply for the Cr-1, you have no choice.

I don't think I applied for k1 I applied for the I29.so do i need to withdraw that? I29 got approved. expires in november. Can I apply for 130 and still use the i29? or do i have to apply for i29 again. because i29 is submited. I was reading somewhere that you can apply for both I29 and I30 and you can get which ever comes first. Can I apply for Cr-1 with I29? and also file for I-30? Thank you very much.

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Fill out the paperwork for the CR1. Married is married. I would also contact my congressman to have him/her help you expedite the process.

CR1 goese hand in hand with I30 form? someone mentioned something as RFE from the embassy when applying for I30 not sure what he meant. I was also reading something about a refuge visa that you can apply for a spouce any ideas or recomendation? Thank you very much moustafa.

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Sounds like you wasted a lot of time.

I thought Jordan also processed Syrians? So that would be an option. Maybe Turkey?

Anyway you need to get the CR1 process going, I would double check that you have the required documentation to process a spousal visa.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I don't think I applied for k1 I applied for the I29.so do i need to withdraw that? I29 got approved. expires in november. Can I apply for 130 and still use the i29? or do i have to apply for i29 again. because i29 is submited. I was reading somewhere that you can apply for both I29 and I30 and you can get which ever comes first. Can I apply for Cr-1 with I29? and also file for I-30? Thank you very much.

Your I-129F is a petition for fiance but no longer valid since you are married now.

It was USCIS approved but has not reached the embassy right ?

(Please fill out your timeline for better answers).

The I-129F would have resulted in a K1 visa but that ship has sailed now.

You are also talking about the I-129 and I-130 which is a K3 but that is no longer a viable option because the I-129 will be closed and you would

move forward with the I-130 path.

To make a long story short, file a I-130 for a CR1 visa, the spousal visa. That's it.

A RFE is a request for evidence. I mentioned it to make sure you have the correct documents (marriage certificate or document) that the embassy

will deem as sufficient to be married. A previous poster clarified that you already have that so disregard my RFE comment.

If your petition is already at the embassy then call or email them to say you are married and filing a petition for a spousal visa instead.


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.

 

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Sounds like you wasted a lot of time.

I thought Jordan also processed Syrians? So that would be an option. Maybe Turkey?

Anyway you need to get the CR1 process going, I would double check that you have the required documentation to process a spousal visa.

I think it is given directly from USCIS I did not choose the embassy. What do citizens do normally leave their loved ones behind in war zones until they get their CR1 I think teh process is going to start from scrach Im just worried that she may not make it that long there. I know me personally I can't go there she has been wanting me to go visit she misses me alot I'm afraid I might be taken ransom.

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Usually there are options, if she say moves to Jordan she should be able to interview there.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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According to our law not only in Syria but in all Muslim countries you are married , but Katb Ketab is not valid for a marriage visa because you do not have that civil marriage but you have a religious marriage , so you can apply for a fiance visa , or if she can come to Egypt , too many Syrians are here , and you come to and get a civil marriage and apply for a spouse visa

Edited by kareelina

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