Fiance visa unusual case

[codon1 4]

Keep in mind that you can't get a legal document of marriage in Saudi if you have a Umrah Visa.

And another question, is she Saudi national ?

[Expat1 971]

I read all your responses and I thank you all collectively! It seems like the majority are suggesting to go ahead and make the marriage happen there and then file a spouse visa. HOw long does the spouse visa take then?

to Expat1: How does one obtain to get the Umrah visa? Who do I contact?

I didn't suggest making the marriage happen here. You said she couldn't leave until the marriage was contractually completed and witnessed, which means you are legally married before she leaves, which you also acknowledged.

I (advised) that a K1 is not appropriate for such a plan and (advised) that you are possibly opening the door for future difficulty which will start as soon as any USCIS official reads the date on that contract and builds a timeline for any immigration step along your way or asks about your marriage process in any interview for any step in the immigration process, from the K1 interview all the way through citizenship, and puts the dates together and decides to retroactively cancel all benefits due to material facts.

The general rule is this:

Couples applying for a fiance visa must be unmarried. Legal marriage must take place within the territory of the United States. Religious ceremonies that are not legally binding may be performed in one’s home country and will not interfere with the K1 visa process, as long as no legal documents are issued. The marriage between the American Petitioner and the Beneficiary must be performed within 90 days after the arrival of the fiance in the U.S.

Unfortunately the Nikah ceremony is legally binding because it involves a signed, witnessed, and dated contract and under Saudi law you are married, once you've paid up and signed the contract, and it requires a formal divorce proceeding to void the contract. I would not advise that this contract be dated and witnessed in a K1 marriage until (after) the K1 beneficiary arrives in the US and I would not advise that a K1 be pursued knowing that the marriage will be legally contracted before the beneficiary leaves her home country. That's just me.

[p1nkmamba 18]

I would advise seeing if you are going to even be able to get back into KSA. Unless things have changed in the past few years, hey don't usually give out visitor's visas or the like, even to Muslims. Most of the visas to non-KSA citizens are only done for hajj. More than likely you will not be able to visit her again to get evidence of meeting in person. I have known a few men who attempted to visit fiancees and couldn't get in. After establishing whether you can go back to KSA, the next course of action can be figured out..

[Expat1 971]

I would advise seeing if you are going to even be able to get back into KSA. Unless things have changed in the past few years, hey don't usually give out visitor's visas or the like, even to Muslims. Most of the visas to non-KSA citizens are only done for hajj. More than likely you will not be able to visit her again to get evidence of meeting in person. I have known a few men who attempted to visit fiancees and couldn't get in. After establishing whether you can go back to KSA, the next course of action can be figured out..

They still don't.

I was curious as to how he was going to get back in. It's next to impossible, unless he can score an Umrah visa, fly to Jeddah, perform Umrah, and stay a few days to work out what needs to be done. If the girl's under 25 she can't marry a non-Saudi anyway. It's a law here.

Best bet is to let that escort rule go, forego that Nikah ceremony altogether, and get her over on a K1, get the license, and have the wedding done in the local Mosque.

IF the family will allow it.

She ain't leaving KSA without her guardian's permission either LOL. Dude's in a really, really tough spot.

Edited December 9, 2015 by Expat1

[Beenhasheegin 0]

Update: I spoke to her and the father to explain to them about the K1 process ans the father agreed if it works out, he will will give her permission to come to the usa alone. Aside from the family, could the saudi government object to her flying alone if the family gives permission?

[Beenhasheegin 0]

And I should have mentioned she is a foriegn national, she's originally from Egypt.

[codon1 4]

No issues, she can travel alone.

[Expat1 971]

Hi Kastrs, just curious did the USCIS or Embassy consulate ever see or ask for any pictures of you together?

They approved a CR-1 with zero photographic evidence of meeting?

Thanks.

Tyler

They did for us. I've never sent a picture in.

Update: I spoke to her and the father to explain to them about the K1 process ans the father agreed if it works out, he will will give her permission to come to the usa alone. Aside from the family, could the saudi government object to her flying alone if the family gives permission?

No, they will not object. I believe that this is the best way and wish you luck. The "under 25" rule is for Saudi nationals, not for non-Saudis.

My wife and kids fly in and out all the time. As long as your fiancé has her entry/exit visa from the Saudi authorities which her family can get for her it's all good.

I applied for a job in KSA many years ago, thankfully I did not get it.

It's not that bad. You get used to it after awhile.

Edited December 14, 2015 by Expat1