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electricspark

Arranged Marriage - Should I go for K-1 ( marry later ) or get married and then apply

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Hi Everyone,

I was afraid that I , too, would be asking these questions someday. Always heard others talking about these things when I was younger.

I am to marry a girl whose a family friend. I did not date her as per Pakistani customs but I have the option to either do Nikkah ( marriage in Islam) and then apply for spousal visa OR just apply for finance visa and marry in the US.

The issue is that I want to save time and given that I havent married yet, the K-1 is still an option. Now the question I have is that if I marry in religious terms, I would not be able to live with her until the visa shows so I can take her to the US. So as you can guess, I would not have honeymoon or other stuff to show during the interview because technically im waiting for the visa before i start celebrating.

Is there a way I can marry her and apply for some sort of visit visa while she stays with me? She wont be working for the time being so GC isnt a hurry.

everyone's help is appreciated,

electricspark in New York ( dude )

to-be wife is in pakistan

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Well the first question is- have you physically met before? Do you have proof of this? It is a requirement to file.

You can do a K1 visa (fiance visa) and I hear those are going pretty quickly these days if there are no outstanding circumstances. You would have to file the petition, wait until it's approved, and then she would apply for the visa and attend the interview and then if approved, would be able to travel to the US as soon as she gets her visa.

You can also do the spousal visa. You'd have to marry (and make sure it's registered so that it can be proven that you're actually married), and then file for the petition, she applies for the visa after petition is approved, and then she'll have her interview. She could possibly visit on a visitor's visa while the paperwork is processing but she will have to qualify on her own merits for a visitor's visa and prove very strong ties to her country, since it is shown she has immigrant intent by having the paperwork already started.

If she does not already have a visitor's visa and has never visited the US, I would say the chances are unlikely that she would obtain a visitor's visa at this point when you're filing for her to immigrate to the US. It's worth a try to attempt getting a visitor's visa if she has strong ties. Of course she will have to go back to her country for the interview and wait on the visa to be issued if it's approved.


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***** Moving from CR-1 spousal visa forum to What Visa Do I Need form ******

She could apply for a B2 tourist visa, but that only lasts a max of 6 months, and the CR-1 process takes a year or more.

The K1 would be faster, about 6 months, but I am guessing you have a lot of family in Pakistan that would love to be at the wedding, so doing it there is easier. The process does NOT require you to live together or have a honey moon before the visa is issued, just that you have a bonafide relationship, which can be shown by time spent together (with chaperones if necessary), emails, phone calls etc.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Thanks for the reply. Part of the culture is to not really date before marriage but it doesn't mean we aren't engaged. My female family members are in constant contact with her but I have not seen her face to face. Of course there are plenty of pictures going back and forth. I suppose fiance visa is out of the question.

She has a big family so I guess we can show that she has a strong ties to the country but hasn't ever traveled outside of Pakistan. If I marry her and then apply for visit visa along with immigration, we would need to come back for the interview.

Are there many chances of doing that successfully or should I just wait it out for the typical time period. I find it odd that fiancé can come faster than a spouse.

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Thanks for the reply. Part of the culture is to not really date before marriage but it doesn't mean we aren't engaged. My female family members are in constant contact with her but I have not seen her face to face. Of course there are plenty of pictures going back and forth. I suppose fiance visa is out of the question.

She has a big family so I guess we can show that she has a strong ties to the country but hasn't ever traveled outside of Pakistan. If I marry her and then apply for visit visa along with immigration, we would need to come back for the interview.

Are there many chances of doing that successfully or should I just wait it out for the typical time period. I find it odd that fiancé can come faster than a spouse.

Since you have not met her face to face, then you can not apply for a K-1.

Go meet her.

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You have to meet before applying for a K1 and show strong relationship evidence.
I recommend marrying and filing for a CR1 instead.

If they say you do not have a bona fide relationship due to lack of relationship evidence (real face time visits) and some CO's don't like to approve
arranged marriages, then they return your petition and you have to start all over again.
With a CR1 if it gets returned you then have a second chance to rebut a refusal. K1's expire, CR1's do not when refused and returned.

She will not be granted a B2 with a husband here if you marry and try the B2 route, she would not have strong ties to her home country as her ties

to you would be stronger.


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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i say file a k-1, never file the Nikkah prior.

Once the two of you get to the USA together, talk with yer local IMAM before marriage, get that religious stuff sorted.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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i say file a k-1, never file the Nikkah prior.

Once the two of you get to the USA together, talk with yer local IMAM before marriage, get that religious stuff sorted.

Even though they have never met in person? It's a requirement.


I can explain it to you. But I can't understand it for you.

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You cannot petition for a K1 or CR1 without having met face to face. So nothing will happen until you travel there to meet. The process for visas from that part of the world will be full of scrutiny because of all the well known reasons. This extra scrutiny takes time. Do some reading in the regional forum to learn from other members who have obtained visas from Pakistan.

For either visa you will want to give as much evidence of a bona fide relationship as possible. Chats, emails, phone calls, documentation of time spent together/with family are all good types of evidence.

It's not going to be as fast or as easy as you'd hoped. Settle in and be well prepared.


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Even though they have never met in person? It's a requirement.

nope ! they _DO_ have to meet up first ! [apologies that I skipped that point in the bullet list]

now, for a CR-1 visa - they CAN get married by proxy

but

the marriage MUST be consummated before the I-130 is filed.

See? A TRIP is required, no matter what. dude in NY - you gots money for a trip? go soon !

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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Yes I am going for a visit but I might do Nikkah which means I cannot file for k-1 anymore but that doesnt mean I take the bride home. im trying to find other posters here from pakistan so I can see what happened in their case.

A couple of guys mentioned that they had an interview date from 6 months of filing i-130 but this was like 3-4 years ago. Is it possible that some people are processed faster?

honestly i would pay 10x more if she could come within a month but that option isnt available and i dont have too many vacation days which means I cant marry and have fun without being away for a long time. this long distance thing hurts

Edited by electricspark

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Yes I am going for a visit but I might do Nikkah which means I cannot file for k-1 anymore but that doesnt mean I take the bride home. im trying to find other posters here from pakistan so I can see what happened in their case.

A couple of guys mentioned that they had an interview date from 6 months of filing i-130 but this was like 3-4 years ago. Is it possible that some people are processed faster?

honestly i would pay 10x more if she could come within a month but that option isnt available and i dont have too many vacation days which means I cant marry and have fun without being away for a long time. this long distance thing hurts

I apologize for not being too knowledgeable regarding Islamic custom, but can't you visit and spend time with her in the presence of one of her male relatives? The requirement is that you visit her, not that you spend time alone. Surely the consulate in Pakistan is conversant in Islamic custom.

My wife came on a CR-1 visa, so take my advice with the caveat I'm not as knowledgeable as others for the K-1.

Edited by JRF

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When are you due to see her?


“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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