k1 issue

[AtlantaMumbai 2]

Hello All,

I am in a big dilemma.

In February of this year I got engaged with a girl in India. She applied for a tourist visa in April of this year for which she was approved.

In May of this year, I filed an I-129F petition. The petition was approved by USCIS California Service Center, approved by NVC, and she recently received her packet 4 from Mumbai Embassy. She is done with all the procedures before the interview (police clearance, DS 160, and medical), but has not yet paid the fees to schedule an interview.

The problem that I have is that we will have a Hindu religious ceremony. It is planned for after the interview. We will not register this marriage and will be going to a US court to get married within 90 days of her arrival.

Will this be a problem? I'm getting really worried. I don't want to do anything illegal, but staying away from my wife-to-be is making me distraught.

What can I do?

1. Contact USCIS?

2. Contact Mumbai Embassy?

3. Register my marriage in India and apply for K3/CR1? If I go with the K3/CR1 route after I return back to US, could she use her existing tourist visa to at least come and meet me before I get started on submitting my K3/CR1 petition?

I would appreciate if someone can help me with my situation. Relationships seem a lot more difficult over long distance and trying to coordinate for Hindu ceremony. The added complications of the immigration process is very agonizing.

Thank you for your responses

[soulstriker 274]

why dont u just do that cermony after yall marry in the us ?

[AtlantaMumbai 2]

Not an option.

The venue and everything is booked

[RobertM54 36]

Discussed at length here: good luck

http://www.visajourney.com/forums/topic/612725-k1-fiance-visa-denied-because-they-think-we-secretly-married-help/

Edit: However, this appears to be fairly common - India is very sophisticated vis-a-vis US immigration. Perhaps there are others who have taken your path on this forum.

Edited October 16, 2016 by RobertM54

[soulstriker 274]

well if there is no option to cancel it , your possibly risking your k1 visa already,

[superwifey0229 1]

There is a topic stating same thing like this and they were deny for the visa.

[AtlantaMumbai 2]

The interview has not been scheduled yet. The k1 fees have not been paid.

There should not be any problems with getting the k1 visa. It's after the visa is received that I'm worried about.

[RobertM54 36]

The interview has not been scheduled yet. The k1 fees have not been paid.

There should not be any problems with getting the k1 visa. It's after the visa is received that I'm worried about.

The ceremony will be after the interview? So you know if the K1 visa has been approved?

I cannot think of why you would have a problem. Come to US, get married, and file for AOS. Where would there be an issue?

Are you married under Indian law if it is not registered.

For example, in USA, we can have a fantastic ceremony, but if the marriage certificate is never completed and filed by someone legally allowed to perform marriages, then we are not married in law.

Edited October 16, 2016 by RobertM54

[Pitaya 2,577]

Regarding the "non-marriage" marriage planning, the general forum recommendation is to NOT make any non-changeable/non-refundable/non-rescheduleable plans (this includes travel plans), until you have the visa in your passport, and your passport in your hand.

YMMV,

Good luck on your immigration journey.

Edited October 16, 2016 by Pitaya

[Unidentified 2,930]

The ceremony will be after the interview? So you know if the K1 visa has been approved?

I cannot think of why you would have a problem. Come to US, get married, and file for AOS. Where would there be an issue?

Are you married under Indian law if it is not registered.

For example, in USA, we can have a fantastic ceremony, but if the marriage certificate is never completed and filed by someone legally allowed to perform marriages, then we are not married in law.

In many countries you don't have to file anything. You have a ceremony and you say you're married and that's it. And the US will see them as married.

Lots of people in India and elsewhere have gotten in trouble when they have had one of these ceremonies and then the embassy finds out. If the embassy thinks you are already married they will tell you that you are no longer eligible for the K1 visa and they have to go the spousal visa route instead.

[AtlantaMumbai 2]

Yes, but all of this will happen AFTER the interview. She will have the k1 visa on her passport by then.

In India, as far as I understand, you still have to sign marriage papers in court to finish the entire legal marriage process.

Should I present this information to uscis? Or mumbai embassy?

[Unidentified 2,930]

Yes, but all of this will happen AFTER the interview. She will have the k1 visa on her passport by then.

In India, as far as I understand, you still have to sign marriage papers in court to finish the entire legal marriage process.

Should I present this information to uscis? Or mumbai embassy?

I would seriously reconsider the whole thing and just have a farewell party and have a ceremony after AOS. If they suspect you guys got married your fiance is no longer allowed to come on the K1 and you are going to have to start over on a CR1. And yes, it doesn't matter if the "ceremony" takes place before or after the interview. If they feel you guys got married you guys will be starting over. And yes, people have had their visa's denied because of a "we won't get it registered ceremony".

You can read more in this thread where someone in 2015 asked pretty much the same question: http://www.visajourney.com/forums/topic/547534-wedding-in-fiancees-country-for-her-family-before-coming-to-the-us-on-k-1/?hl=+interview%20+denial%20+wedding%20+ceremony

[Kastrs 723]

If you are set on having the religious ceremony then you should go ahead and make it totally legal and apply for a k1. If you do anything that could in any way be seen as a wedding before entering the US on a k1 you are asking for trouble.

[Harpa Timsah 13,258]

You must be NOT married when your fiance enters the US. If you get the visa, then get married, then enter the US, she will be committing fraud and can be banned and deported. This has happened before.

If it was important to get married in India then K-1 is not for you.

[Cheezees 1,514]

If you are married, STOP ----> You are not eligible to immigrate under a K-1 visa.

If you apply for a K-1 visa and then marry, STOP ----> You are not eligible to immigrate under a K-1 visa.

If you attend your K-1 interview and then marry, STOP ----> You are not eligible to immigrate under a K-1 visa.

If you attend your K-1 interview, marry, and then receive the K-1 visa, STOP ----> You are not eligible to immigrate under a K-1 visa.

If you had the time to plan and pay for a wedding ceremony after the scheduled interview but before leaving India, STOP ----> You are not eligible to immigrate under a K-1 visa.