K1 Questions

[haxxx 37]

Hello all, I am hoping for some guidance on a family members current situation. A friend of my mother wants to marry my uncle who is in Somalia. The problem is Somalia isn't an easy country to immigrate from. The relationship started about 8 years ago when my mother went on a trip to Somalia to visit family. Before the trip my mother asked the friend what she wanted as gift from when she got back and she asked for some clothes. My uncle is a great tailor in Mogadishu and has his own shop. When my mother got back, she brought a lot of clothes back for the friend. The friend in fell in love with the clothes and this was the start to a strange relationship. The friend demanded to speak to my uncle to thank him via video chat. From there on it became an every weekend thing where she would come to speak with my uncle. My mother has gone on a trip to Somalia almost every year after and the friend would always send gifts and money to my uncle and ask for more clothes. Last year she asked my grandmother and mother if they would be okay with her and my uncle getting married. My mom told her she had no problem with it but my uncle would have to approve. My mother spoke to my uncle and told her about what he though, he said that he's had feeling for her too but didn't think it would be possible with how things were in Somalia. The friend decided she would go with my mother this year to see him in person to see if the feeling would be the same. As soon as they landed and met, she called and said yes she wants to do the whole marriage process and bring him to America. I want to help but I am not sure where to start. Plus there are a few problems that I told them about:

 

1. She is 14 years older than him but he doesn't mind, as they both don't want children as they both have children already. She's 60 and he's 46.
2. Although she is Muslim, she does not speak Somali. All communication have been through mother, grandmother, or cousin (Uncle's daughter who speaks English).
3. He's been married before but his wife died over15 years ago.

 

Now that she is there for the next 2 months, does it make more sense for her to get married there and then file for a marriage visa or is the fiance visa better? I've read the K1 visa guide and have told her of everything she needs get for us to start the process already.

 

Any guidance or suggestions would be greatly appreciated.

[Timona 4,207]

Cr-1 is better.

That age gap is not a problem.

Keep all evidence of chat/ communication over the years.

They start by marrying, then she files I-130 online. However, make sure that your uncle is free to marry. I do not know Muslim cultures well.. I know you said he is a widower.

Interview will be in Nairobi.

 

Tell your uncle to get me some clothes too...

Does he have a shop in Eastleigh?

 

[JeanneAdil 6,559]

Marriage on 1st face to face meeting is always suspect 

but how long will she stay there altogether?   a long time to get to know him would be good and its hard now with the unrest in the country from what we see on the news   to plan trips there 

have u checked needed documents she would have to have in Somalia to marry ?  does she have them?

i would say do the marriage if possible 

they are older and the 14 years would not be as suspect as it is for younger kids 

the language difference /  he has 2 years to wait for an interview and can study English''

Go for it 

[haxxx 37]

6 minutes ago, Timona said:

Cr-1 is better.

That age gap is not a problem.

Keep all evidence of chat/ communication over the years.

They start by marrying, then she files I-130 online. However, make sure that your uncle is free to marry. I do not know Muslim cultures well.. I know you said he is a widower.

Interview will be in Nairobi.

 

Tell your uncle to get me some clothes too...

Does he have a shop in Eastleigh?

 

I figured that would be case, with the marriage being easier. All communication have been through whatsapp and viber which saves all logs. Also kept all the western union transfer receipts. Yes my uncle is free to marry. I've read the interview would be in Nairobi and have read been on their page, particularly this one: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/NRB-Nairobi.html

 

With Somalia not having a functioning government, no birth certificate, marriage certificate, divorce decree or death certificate will be accepted. The only thing that would be accepted is two (2) notarized letter stating that my uncle is a widower.

 

I will pass along the message for some clothes for you . He's in Somalia now but he did have a shop in Eastleigh. I use to live there as well when I was younger and then moved to the slums in Kangemi before coming to the US as a refugee with my family.

 

8 minutes ago, JeanneAdil said:

Marriage on 1st face to face meeting is always suspect 

but how long will she stay there altogether?   a long time to get to know him would be good and its hard now with the unrest in the country from what we see on the news   to plan trips there 

have u checked needed documents she would have to have in Somalia to marry ?  does she have them?

i would say do the marriage if possible 

they are older and the 14 years would not be as suspect as it is for younger kids 

the language difference /  he has 2 years to wait for an interview and can study English''

Go for it 

I figured it would seem suspect but with muslim tradition, the concept of fiance or dating doesn't really exist, usually most marriage happens on 1st face to face meeting. She is planning on staying there for a month but they only purchased a one way ticket so the possibility of staying longer may be possible. She's already been having a good time, theyv'e gone to so many places and has been sending us videos and pictures of her adventures. BTW don't believe everything you see on the news about Mogadishu; I'm not saying everything is peachy keen but it's not that bad there. Marriage in Somalia is just like any other islamic country, it's usually facilitated by the Mosque and would receive a marriage license but per this site: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/NRB-Nairobi.html It wouldn't be accepted anyways. Would have to get 2 notarized testimonies. 

[Timona 4,207]

4 minutes ago, haxxx said:

I figured that would be case, with the marriage being easier. All communication have been through whatsapp and viber which saves all logs. Also kept all the western union transfer receipts. Yes my uncle is free to marry. I've read the interview would be in Nairobi and have read been on their page, particularly this one: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/NRB-Nairobi.html

 

With Somalia not having a functioning government, no birth certificate, marriage certificate, divorce decree or death certificate will be accepted. The only thing that would be accepted is two (2) notarized letter stating that my uncle is a widower.

 

I will pass along the message for some clothes for you . He's in Somalia now but he did have a shop in Eastleigh. I use to live there as well when I was younger and then moved to the slums in Kangemi before coming to the US as a refugee with my family.

 

 

Waiyaki way is now being modernized. i was there 3 months ago. There are Youtube videos by some Kenyan traveler. Just search on youtube.

Will be waiting for those clothes as payment for my visa services.. 🤣

[haxxx 37]

Sorry I have just a few questions, if anyone can chime in.

1. When it comes to the beneficiary address on the I-130, can the petitioner address be used? There are no residential addresses or ability to receive mail there. We usually have to send to the local DHL location and family member just picks up stuff from there.
2. With the I-864, am I able to be a joint sponsor if needed?
3. How are children treated? Would it make sure to not get his kids involved? He has 2 kids that are both under the age 21, 1 which would most likely not be able come here since they would be turning 21 soon.

[TBoneTX 45,536]

A couple of non-English posts are removed.  If a foreign language must be used, please include a translation so that all can understand.  

[Timona 4,207]

8 hours ago, haxxx said:

Sorry I have just a few questions, if anyone can chime in.

1. When it comes to the beneficiary address on the I-130, can the petitioner address be used? There are no residential addresses or ability to receive mail there. We usually have to send to the local DHL location and family member just picks up stuff from there.
2. With the I-864, am I able to be a joint sponsor if needed?
3. How are children treated? Would it make sure to not get his kids involved? He has 2 kids that are both under the age 21, 1 which would most likely not be able come here since they would be turning 21 soon.

 

1. Yes. I do believe petitioner's address can be used if no address is available for the beneficiary.
2. Yes. You can be a joint sponsor.
3. You have to mention all his kids, whether or not they will immigrate. This become beneficial if they are to immigrate later. To help the kids, I am not sure if K-1 or CR-1 will be better so as to freeze their PD. I am not good at that area. Lemme call @HRQX

 

6 hours ago, TBoneTX said:

A couple of non-English posts are removed.  If a foreign language must be used, please include a translation so that all can understand.  

 

Overruled. Hhahhaa. 

[JeanneAdil 6,559]

11 hours ago, haxxx said:

I figured that would be case, with the marriage being easier. All communication have been through whatsapp and viber which saves all logs. Also kept all the western union transfer receipts. Yes my uncle is free to marry. I've read the interview would be in Nairobi and have read been on their page, particularly this one: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/NRB-Nairobi.html

 

With Somalia not having a functioning government, no birth certificate, marriage certificate, divorce decree or death certificate will be accepted. The only thing that would be accepted is two (2) notarized letter stating that my uncle is a widower.

 

I will pass along the message for some clothes for you . He's in Somalia now but he did have a shop in Eastleigh. I use to live there as well when I was younger and then moved to the slums in Kangemi before coming to the US as a refugee with my family.

 

I figured it would seem suspect but with muslim tradition, the concept of fiance or dating doesn't really exist, usually most marriage happens on 1st face to face meeting. She is planning on staying there for a month but they only purchased a one way ticket so the possibility of staying longer may be possible. She's already been having a good time, theyv'e gone to so many places and has been sending us videos and pictures of her adventures. BTW don't believe everything you see on the news about Mogadishu; I'm not saying everything is peachy keen but it's not that bad there. Marriage in Somalia is just like any other islamic country, it's usually facilitated by the Mosque and would receive a marriage license but per this site: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/NRB-Nairobi.html It wouldn't be accepted anyways. Would have to get 2 notarized testimonies. 

i married a muslim and i know they don't date

but i stayed a month with his family and we were escorted everywhere we went (3 cities)

I then applied K1 on return home and it was denied (age difference i believe but not said at interview)

i went back the next spring and married (took almost a month and a half for a USC and Morocco national to do the paperwork and get permission to marry)

 

The marriage certificate for Islam is the court document for the papers signed in front of court judge or clerk In our country 

 

In Somalia 

11 However, since 1991, local Sharia courts have to a certain extent retained some form of oversight and control over those authorised to perform marriages. Marriage certificates have also been issued by Sharia courts in Mogadishu and other towns after 1991.

[HRQX 4,145]

1 hour ago, Timona said:

To help the kids, I am not sure if K-1 or CR-1 will be better so as to freeze their PD. I am not good at that area. Lemme call @HRQX

Assuming the children are already over 18 then they don't qualify for CR-2 since the step-parent/step-child relationship with the USC would not be created before they turned 18: https://www.visajourney.com/guides/us-immigration-for-children/

 

In regards to the K-2 path it'll depend on the children's exact ages. They would have to enter the US with the K-2 visas before they turn 21: https://www.uscis.gov/family/family-of-us-citizens/visas-for-fiancees-of-us-citizens "The children must continue to be unmarried and under 21 in order to be admitted to the United States as K-2 nonimmigrants."

[TBoneTX 45,536]

A hijack post has been split from this thread and placed in the K-1 Case Progress subforum.

[Timona 4,207]

1 hour ago, HRQX said:

Assuming the children are already over 18 then they don't qualify for CR-2 since the step-parent/step-child relationship with the USC would not be created before they turned 18: https://www.visajourney.com/guides/us-immigration-for-children/

 

In regards to the K-2 path it'll depend on the children's exact ages. They would have to enter the US with the K-2 visas before they turn 21: https://www.uscis.gov/family/family-of-us-citizens/visas-for-fiancees-of-us-citizens "The children must continue to be unmarried and under 21 in order to be admitted to the United States as K-2 nonimmigrants."

 

Good information. Thanks

@haxxx what are the exact ages or DOB of the kids?

[haxxx 37]

9 hours ago, TBoneTX said:

A couple of non-English posts are removed.  If a foreign language must be used, please include a translation so that all can understand.  

I apologize I was unaware of this. I tried to go back to translate the posts but they are gone. For reference I had just stated that "I forgot how to speak swahili but will make sure not to forget your clothes"

3 hours ago, Timona said:

 

1. Yes. I do believe petitioner's address can be used if no address is available for the beneficiary.
2. Yes. You can be a joint sponsor.
3. You have to mention all his kids, whether or not they will immigrate. This become beneficial if they are to immigrate later. To help the kids, I am not sure if K-1 or CR-1 will be better so as to freeze their PD. I am not good at that area. Lemme call @HRQX

 

 

Overruled. Hhahhaa. 

Thank you so much for your responses. I will notify the petitioner that she can utilize her address instead. I wasn't sure if there were rules when it comes joint sponsorship.

1 hour ago, JeanneAdil said:

i married a muslim and i know they don't date

but i stayed a month with his family and we were escorted everywhere we went (3 cities)

I then applied K1 on return home and it was denied (age difference i believe but not said at interview)

i went back the next spring and married (took almost a month and a half for a USC and Morocco national to do the paperwork and get permission to marry)

 

The marriage certificate for Islam is the court document for the papers signed in front of court judge or clerk In our country 

 

In Somalia 

11 However, since 1991, local Sharia courts have to a certain extent retained some form of oversight and control over those authorised to perform marriages. Marriage certificates have also been issued by Sharia courts in Mogadishu and other towns after 1991.

Thank you this is really useful information. I wasn't sure if they would accept the marriage certificate issued by the islamic court in Somalia. When we read this site https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/NRB-Nairobi.html it clearly stated it didn't accept any of the documents from Somalia but it's nice to know that the marriage certificate from the mosque would help. I'll have them get that document along with notarized testimonies to help with their case.

1 hour ago, HRQX said:

Assuming the children are already over 18 then they don't qualify for CR-2 since the step-parent/step-child relationship with the USC would not be created before they turned 18: https://www.visajourney.com/guides/us-immigration-for-children/

 

In regards to the K-2 path it'll depend on the children's exact ages. They would have to enter the US with the K-2 visas before they turn 21: https://www.uscis.gov/family/family-of-us-citizens/visas-for-fiancees-of-us-citizens "The children must continue to be unmarried and under 21 in order to be admitted to the United States as K-2 nonimmigrants."

 

5 minutes ago, Timona said:

 

Good information. Thanks

@haxxx what are the exact ages or DOB of the kids?

I'm unsure of the exact DOB but I do know that his son is around 19-20 and his daughter is around 17.

[Timona 4,207]

11 minutes ago, haxxx said:

I apologize I was unaware of this. I tried to go back to translate the posts but they are gone. For reference I had just stated that "I forgot how to speak swahili but will make sure not to forget your clothes"

Thank you so much for your responses. I will notify the petitioner that she can utilize her address instead. I wasn't sure if there were rules when it comes joint sponsorship.

Thank you this is really useful information. I wasn't sure if they would accept the marriage certificate issued by the islamic court in Somalia. When we read this site https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/NRB-Nairobi.html it clearly stated it didn't accept any of the documents from Somalia but it's nice to know that the marriage certificate from the mosque would help. I'll have them get that document along with notarized testimonies to help with their case.

 

I'm unsure of the exact DOB but I do know that his son is around 19-20 and his daughter is around 17.

 

I'll let @HRQX weigh in on this, if K-1 or CR-1 might be better in this situation. From what was earlier posted, CR-1 will not benefit the son as he is above 18. So, not sure if K-1 is the best option here. Basically, we are trying to see how to help the son. The daughter is good.

 

Sorry for tagging you a lot today @HRQX 

[HRQX 4,145]

1 hour ago, Timona said:

So, not sure if K-1 is the best option here. Basically, we are trying to see how to help the son.

With the K-1 it gives the son some hope but they should bear in mind the risk of him aging-out. Even with the COVID situation (and associated processing delays) that requirement is strict: https://fam.state.gov/fam/09FAM/09FAM050207.html "This relief does not affect rules related to fees or fee collection, age-out restrictions, or other eligibility factors for K-2 status."

 

If the son does age-out then he'll have to wait until his father's I-485 is approved in order to begin F2B process. But the son would have to remain unmarried until after either he enters the US with the F2B visa or his father becomes a US citizen (whichever occurs first).