Confused between K-1 and IR-1

[aindian310 53]

Hi Friends, I will much appreciate your help in answering my question below.

Currently I am in a relationship with a girl who is citizen of India, we are currently engaged and have documents such as travel receipts, photographs together, conversation records to prove our relationship incase of filing K1 fiancee visa. My problem with K1 visa is that I heard it typically takes six months for the process that means if I file in January and if everything goes smoothly the visa should be in hand by July/August. After she travels to US and registering the marriage in US we are planning to travel back to India for ceremony/reception in November/December. This option will not give us enough time (maybe just enough!) for doing all the paper work in US like SS number, application for parole to travel and AOS. So considering all this I am little hesitant for K1 visa at the moment.

Another option I am considering is that to travel to India and register our marriage first so that IR-1 visa process can be started and then later go back with family and do proper wedding ceremony. I am not sure if this option can create problems or not for us if embassy cross checks details.

I would appreciate any inputs.

Thank you!

[Ben&Zian 4,397]

What do you mean "if the embassy cross checks details"?

If you go get married in India and file for the CR-1(generally takes about 12 months), then you can always go back with family and do another ceremony.... or just do the big, full blown festive wedding in the first place....then file for CR1....

Edited December 28, 2016 by Ben&Zian

[aindian310 53]

What do you mean "if the embassy cross checks details"?

If you go get married in India and file for the CR-1(generally takes about 12 months), then you can always go back with family and do another ceremony.... or just do the big, full blown festive wedding in the first place....then file for CR1....

Thanks for reply.

I have heard that in India embassy generally wants to see wedding ceremony photographs even if you just register the marriage, bcz according to hindu marriage act you must do ceremony and then only marriage certificate can be issued. By cross checking I meant that lets say I register my marriage in March by doing small ceremony and than in November I return to India to do big ceremony, invite many guests etc and if my wife has visa interview next March (March of 2018) then embassy might call friends/neighbors to inquire about when the marriage took place etc, and if they get conflicting answers this may create problems!!?? I wanted to know anyone's thought from this point of view.

I have read on this website and other forums that indian embassy has contacted friends/family/ even neighbors to confirm some details as there are many fraudulent visa applications they receive!

[KierenHby 897]

Why can't you do the wedding, then CR1? India K1s can be tricky; some ceremonies were confused as weddings by the embassy, and K1s were denied.

Never hide facts from the embassy. They're known to randomly cross-check in India because of the tendency to file K1 by married petitioners to get their spouse to the US faster. US embassy COs are known to be aware of that tactic.

I married in India and the CR1 interview was scheduled within 10 months.

Edited December 28, 2016 by KierenHby

[abhi_meli 150]

You will have to get married through "special marriage act".Hindu marriage act is for both Indian Citizens,as far as I know.You will have to stay for more than 30 days and only after that you can get married through Special Marriage Act..My k1 processing starting from applying till I got the visa in hand took 10 months.You will be lucky if you partner gets to US within 6-7 months.Do the research and then take a decision.

[amul 229]

If you decide to do a court marriage in India, you can follow it up with a traditional Indian marriage ceremony when you and your families are all ready. 

 

One of the prerequisites of Hindu Marriage Act is that both parties have to be Hindus. Two Hindus can get married this way and will get the marriage certificate the same day. 

 

The Special Marriage Act is for a non-Hindu and a Hindu marrying -- this will require a Notice of Intended Marriage to be posted for 30 days. After these 30 days, the couple can get married.

 

If you are both Hindu, do a civil ceremony under the Hindu Marriage Act and hold on to your marriage certificate. That is all you will need from that day. When you are ready to file your I-130, on your cover letter you can mention that you two will do the traditional Hindu wedding at a later date due to religious believes (due to auspiciousness etc.).

 

Personally, we did not want to chance it with the K-1 (denial, refiling etc.), thus I converted and we got married under the Hindu Marriage Act. We will do a traditional ceremony when we are ready.

 

Congrats on your engagement & journey and best of luck!

[sajan953 4]

I think you mean CR1, because you are not elligable for IR1.

IR1 filers have to be married for 2+ years. CR1 if married under 2 years.

And even if K1 takes 6 months, CR1 takes longer!