ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresMy story. Advice needed.

I can get that done easily.



In regards to something like Chat logs... How many would be appropriate, and about what? Me and my GF really lack chat logs as we Skype most of the time...


Lee,

You're three or four years from filing. Why not check back and study the guides at that time. Things change from time to time. With all the time the two of you have spent together, you're not really going to have problems with relationship evidence. Relax, until about a year before you plan to move to the USA and marry.



pushbrkMaleChina2012-09-05 13:07:00
K-1 Fiance(e) Visa Process & ProceduresG325A - have been married more than twice before

Hi

My fiance is currently completing the I-129F petition, we have everything in order. There is just one problem. He has been divorced 3 times before. On the G325A form it asks about previous husbands or wives but gives the space for only 2! Will he be expected to included all three ex-wives? Also he does not remember there date of births, date of marriage or date of divorce or even have all the divorce decrees. How can we get around this. It was over 20 years ago!

Any ideas will be helpful


Yes, he is expected to provide the information and divorce decrees for all three prior marriages. You do NOT get around it. Certified Copies of Divorce Decrees can generally be ordered from the court clerk or other method. Google "Certified Copy of Divorce Decree, ST" with ST being the abbreviation for the State in which the divorce was granted, and you'll find the how.

For this process, there is no "get around" if something is needed and you don't have it, you obtain it.


pushbrkMaleChina2012-02-27 09:15:00
K-1 Fiance(e) Visa Process & ProceduresVisa Denied

Hello Visa Hopefuls!
My fiance's interview was today and his Visa was denied. They allowed him the interview and stated that there was a third part to his police report that he has to send for and then reschedule his interview. The actual interview went great, he just has to get the third part to the police report and bring it in. He has to get it from Gahna. We should be able to get it in by next week, but everyone who went today there, was not approved for the same reasons. Hows come they aren't specific on the uscis website on what police reports are needed? Does anyone know if we are just looking in the wrong place? My love told me that one girl had actually had a plane ticket scheduled for friday morning and was freaking out trying to get it in by tom and reschedule everything! GRRRR this upsets me, but GOd will take care of it. I set my wedding for October 20th! I pray and have faith its all going to work out! any ideas or someone been through this can give us some advice?



USCIS is not the government agency that wants police reports. Go here http://travel.state..../fees_3272.html for the Dept. of State details on police reports. Dept. of State issues visas, not USCIS.
pushbrkMaleChina2012-09-12 10:09:00
K-1 Fiance(e) Visa Process & ProceduresFile Returned to USCIS

My husband's interview was January 12, 2012 and they received the petition in California on June 15, 2012. Returned for Review was all our 221G said.


CSC will handle an I-130 return differently from how they handle an I-129F, because I-130 petition approvals do not "expire".



pushbrkMaleChina2012-07-23 13:08:00
K-1 Fiance(e) Visa Process & ProceduresFile Returned to USCIS

He got the 221G. We submitted additional proof on June 22 in response to the 221G. I emailed the Embassy and did not get a reply after 1 week. I conatacted my Senator's office. They contacted the Embassy on July 16th and the Embassy responded on July 19th. I find it hard to believe they reviewed our proof between June 22nd and July 19th. The Embassy states that the petition has sent the petition back to the United States for review and possible revocation.


We met online September 2009 and met in person July 2011. We are not quite at the 3 year mark. Thank you.


For the person who asked about 221g or denial, that same section (221g) is used for both soft denials that ask for additional documentation and for hard denials returned to USCIS. This case got both.

As far as USCIS and the Consulate are concerned, you have a one year relationship that started when you met in person. They give little, if any, consideration to anything that happened after that. You might as well stow all your thoughts and emotions about discrimination. They will get you nowhere. Your case fits a fraud scenario Ankara and other Consulates in region see multiple times every day. No matter how strong you think your evidence was, the only thing that really counts is the time spent together. Communication evidence does not overcome the red flags that associate your relationship with the common fraud scenario.

Be aware that the California Service Center will simply tell you the petition approval has expired and you're free to start over if you like. So, it really doesn't matter how long it takes to get the response. That's what it will be.


Edited by pushbrk, 22 July 2012 - 07:37 PM.

pushbrkMaleChina2012-07-22 19:33:00
K-1 Fiance(e) Visa Process & ProceduresFile Returned to USCIS

I have spent time with my fiance. We both have jobs. I tried to get off work to see him in June 2010. That was 6 months after we met. We spent time together in July 2011 and filed for K1 visa August 2011. I took two weeks off work, spent $1600 for an airline ticket. We have been saving money ever since. We can not afford to spend $6000 - $7000 on a vacation more than once a year.
The requirements for a K1 visa state that you have to have met once in the last 2 years. We met that requirement. We sent alot of proof from 2009 - 2012.


Meeting within the last two years is one of the MINIMUM requirements for "filing a petition" for a foreign fiance(e). It is not the whole story. Consular officers are expected to and trained to consider the totality of circumstances in making what is ultimately a fairly subjective judgment call about relationships.


I realize you think of the above as "reasons" but for a Consular officer, the above is nothing more than "excuses". Your reverse age difference is a huge red flag for Pakistan or really, any Muslim country. Chances are, the only way you'll ever be successful getting together in the USA is if you go there, marry and spend pretty significant time together living as husband and wife.




pushbrkMaleChina2012-07-22 15:35:00
K-1 Fiance(e) Visa Process & ProceduresFast turn around bewteen divorce and filing petition
QUOTE (Grid @ Sep 14 2007, 06:08 AM) <{POST_SNAPBACK}>
First, a little history.
I have had a 3yr relationship with my soon-to-be fiance and I will have been separated from my wife for 13 months when the final decree is signed. Over the the past 2 of these 3 years I have spent 3 months with my soon-to-be fiance in Ukraine and vacationing in Europe. I have the usual documentation, passport stamps, pictures, email and phone records.

I want to file the petition as soon as possible after I receive the final divorce decree.

In another thread, I received the suggestion that another visit to my fiance shortly after the divorce, but before I file would decrease the chances that my relationship would be viewed as possible fraud.

Another suggestion was to document that my soon-to-be exwife and I have been living separately (which we will have been for 13 mo).

I would like to hear what others think about the ideas mentioned above, and to hear more ideas about how I can demonstrate that I have a bona fide relationship with my soon-to-be fiance.
Thanks


People with bonafide relationships are able to provide evidence of time spent together and regular communication. Bona fides evidence is asked for at interview, so you've got several months to accumulate it. Something more than a single visit while you were still married will go a long ways. Include picture of you and your fiancee on different dates (different clothing) and in different locations with different people. Pictures with family are very helpful. Yes, another visit after your divorce is final and before filing would be better than a next visit after filing but I don't think the specific timing is critical.

You would only provide proof of separate domicile, if asked. Really bona fides evidence is to be available on request. You won't know what they want to see until it is asked for.

Some in your situation have provided a carefully crafted evolution of relationship letter with the petition and an updated one in their evidence.
pushbrkMaleChina2007-09-14 08:50:00
K-1 Fiance(e) Visa Process & ProceduresChild Support Included?

Thanks for all these helpful comments. My case is a little different! I have a kid from my ex-boyfriend and I also have documents for "Court Ordered Child Support". But he has never paid any kind of support in last 5 years (since my child was 6 months). I recently reported DHHS that I haven't received any money all these years and they told me they are going to force him to pay the money... Since my income is $22000 and the only way to meet poverty guideline requirement (almost $23800) is reporting this child support, Can I consider it as my income without providing evidence of payment?

Thanks for any kind of help


Already answered in another thread. No need to post the same question twice.
pushbrkMaleChina2012-09-29 14:24:00
K-1 Fiance(e) Visa Process & ProceduresChild Support Included?

See what I posted above about how child support is used for the care of the child. The money is given to the parent, not the child. The money is to be used by the parent to care for the child in the ways they see fit. Usually it is spent for rent, groceries, insurance, clothes, utility bills, car payment, gas, and things of that nature. All the things that are needed to support and raise a child. It is counted as income for an affidavit of support because it is money that is received by the sponsor and used to support their household. It is also counted when a student that is still dependent on their parents fills out the FASFA for college. They take into account the total income of the parents, taxable or not.

There are several types of income that are non-taxable. Not having to file taxes for non-taxable income does not make it unworthy to use and not countable on an affidavit of support as income.

By the way, the reason the custodial parent that receives the child support does not have to pay taxes on it is because the non-custodial parent already would have. They do not tax the same income twice.


Exactly.



pushbrkMaleChina2012-08-11 05:42:00
K-1 Fiance(e) Visa Process & ProceduresChild Support Included?

well thi issue is yu hav not refuted anything i have said above. Its the fact. How can u call support income whe you are expected to contribute to the support you receive to take care of the kids. If its an income you will not have been obligated to contribute to the money you receive. sadly though, custodial parents in many case have used support money as if its their money instead of seeing it as money for the kids.

People have submitted I12f forms and did not attach many things and they get approved. others have missed the same things and had RFEs. thats why i say, it all boils down to the officer handling the case. they have lots of discretionary powers.


I'm not refuting your facts. I'm saying they are irrelevant in the context of an Affidavit of Support. The additional "fact" that YOUR facts are IRRELEVANT is also a "fact".

I haven't a clue about submitting I12f forms. If you mean submitting an I-129F, affidavits of support are not submitted with an I-129F, they are generally handed over to a Consular Officer who knows how to deal with Court Ordered Child Support documented as being received.

The REASON, it is "counted" is BECAUSE the children it is to support are part of the "household size" of the sponsor. Yes, the Consular Officers have broad discretion in these matters. They may well not approve somebody who would not otherwise qualify for the size their household might be if the children were not there or if the child support is about to end.

I get your logic. It's sound. It's just not how affidavits of support are evaluated.


pushbrkMaleChina2012-08-10 15:14:00
K-1 Fiance(e) Visa Process & ProceduresChild Support Included?

This is very funny. well i know government is as confused as the word confused. But child support is NEVER an income. Its for the kids u help raise. Your salary is an income because you earned it. If you say spousal support i can agree to some extent since atleat that paid to u directly for your upkeep. The child support is not for ou but the kids. Infact in the child support calculations, the custodial parent who receives the money, is also obligated in thesame worksheets of the court to pay support. however, since the children live with the custodial parent, it makes no sense to ask oneself to pay to oneself.

The amount paid by the non custodial parent is not the FULL amount of support. each parent is obligated. so by showing your worksheets, u are also showing that you have obligations to pay to the support fund which money in your situation yu dont have. If the tables were turned and the children move to the other parent, you will be exposed because the worksheets will be enforced for your portion. it does not make u look good anyway. well pray for a lenient officer to handle your matter and having been here for long time, people have got away with things from one case but not in another case. The sad truth is the Immigration Officer does not know anyrthing about incomes and support issues. so for them its easy to pull wool over someone's face.


All the above is irrelevant to the question at hand. In the context being discussed, Court Ordered Child support is counted as income on affidavit of support submitted by a US Citizen. PERIOD, end of story. The OP doesn't need a lenient officer. They will have an officer that follows the Field Adjudicator's Manual.



pushbrkMaleChina2012-08-10 13:56:00
K-1 Fiance(e) Visa Process & ProceduresChild Support Included?

yes, call the child support agency request a print out of your child support payment that you received for the last 3yrs..and also make sure you include you child support court order...that exactly what we did :thumbs:

goodluck!!!!!!!!!




i totally disagree w/your statement. child support is an income.


While child support is not counted as income when filing taxes, court ordered child support that is actually received IS counted as income for the purposes we are discussing. She does not, however, need to document receipt for three years. A few recent months of documentation is sufficient.

Edited by pushbrk, 10 August 2012 - 01:24 PM.

pushbrkMaleChina2012-08-10 13:23:00
K-1 Fiance(e) Visa Process & ProceduresChild Support Included?

Hello. This is my first time posting and am very new to this process so please be patient with me :) My fiancee and I will be doing our paperwork for the K-1 visa in the next couple of months and I had a few questions. For the affidavit of support would child support I currently receive be included in that? Also, I am reading that my last 3 years of tax information will needed to be submitted. Currently I meet the requirements for income but, the years prior would be a little iffy because I was a student and only worked part time. Would we need to look into finding a co-sponsor based on that? I am sure I will have many more questions but that is it for now...ha! Thanks for any information. It is greatly appreciated!


You do not need to have qualifying income for three years. For the I-134, nothing is asked about the past but it is good to provide at least the most recent tax return.

Court ordered child support that can be documented as actually being received as well as ordered, can be counted as income.


pushbrkMaleChina2012-08-10 11:20:00
K-1 Fiance(e) Visa Process & ProceduresLied to immigration officer at the airport... K1 in jeopardy?

Her children entered the U.S. with a VWP on June 26, 2011 and left August 28, 2012. The reason why I pointed out that they are minors is to keep in mind that, at least according to what I've read in the internet and old topics that I have made in the forum, they don't have any ban since they overstayed as minors and left as minors. They would have to be 18 in order to have their days counted for a 3 or 10 year ban depending on how long they overstayed.


Then there is probably no issue.
pushbrkMaleChina2012-10-07 09:07:00
K-1 Fiance(e) Visa Process & ProceduresLied to immigration officer at the airport... K1 in jeopardy?

A family member of mine was brought to "custom service" at the airport in the U.S. when travelling over there for a summer vacation. She was asked by the immigration officer where were her children at the time and she lied, saying that they were in their native country when in real they were overstaying a little more than a year in the U.S. (both children are minors). The immigration officer find out that they were overstaying in the U.S. That was the only question she lied about. After the immigration officer find out the truth my family member told the truth in every question she was asked. At the end of her stay in the U.S. she returned to her native country with her children. Now she has met an American citizen and they are planning to marry. Is she at risk of having a K1 Visa approved in the future because of the fact that she lied in a question to an immigration officer?


If she was allowed to visit anyway, there should be no issue. If the children wish to immigrate though, they may be subject to an entry ban because of their overstay. How long ago did they leave the USA?

Edited by pushbrk, 07 October 2012 - 08:50 AM.

pushbrkMaleChina2012-10-07 08:49:00
K-1 Fiance(e) Visa Process & Proceduresvery confusing

but his line 22 in 1040 was already 15k after all the deduction attachment with his schedule c..his 1099 was 40k that was his total income earned yearly..which is his gross income is it 40k or the 15k??
in our case are we reach the poverty guidelines ?


It's the number on line 22. Really! 40K was not the total income. It is the total business revenue before business expenses. "Income" (for a business) is revenue minus expenses.

The same would apply to an employee who has business expenses. Lots of sales people are in this situation. If they deduct their business expenses, it reduces their "income".

Edited by pushbrk, 07 October 2012 - 09:05 AM.

pushbrkMaleChina2012-10-07 09:04:00
K-1 Fiance(e) Visa Process & Proceduresvery confusing

gross



Yes, it's gross income but not gross business revenue. For the self employed with a schedule C, "total income" from line 22 is considered to be the current income regardless of total business revenue.
pushbrkMaleChina2012-10-07 08:53:00
K-1 Fiance(e) Visa Process & ProceduresHow to Cancel or Withdraw K-1 Petition?
QUOTE (milimelo @ Oct 22 2009, 11:53 AM) <{POST_SNAPBACK}>
Write a letter and fax it or email it to the embassy then send it snail-mail.
You can do the same to notify the USCIS but since they're already done with your case since it's in the embassy, not sure if you need to do this.

You can notarize it in your bank.

Letter can go:

US Embassy in XXXX

I hereby notify you that I no longer want to proceed with the processing of the fiancee petition - case number XXX000000, beneficiary name XX, DOB XXX, address XXXX.

Signed

petitioner.

I am not sure if you need to state your reason as I don't think it matters to them as long as you, the petitioner, are withdrawing the petition.


No need to give a reason. For USCIS, notify them you are "withdrawing" the petition. You could simply include a copy of that letter faxed to the Consulate's IV unit.
pushbrkMaleChina2009-10-22 14:19:00
K-1 Fiance(e) Visa Process & ProceduresK2 Interview

I understand that the K2 visa is issued in favor of the KI visa. I'm just wondering if the child will be interrogated as the K1 visa holder was.



Thanks! But I know what the procedures are. I just wanted to know if there will be any questioning for that visa as there was for the K1.


Depends on the age but usually it's nothing more than if they know the petitioner and/or if they wish to come to the USA.



pushbrkMaleChina2012-10-25 09:37:00
K-1 Fiance(e) Visa Process & ProceduresK2 Interview

The K-2 Visa is a nonimmigrant visa that is issued in favor of the child of a K-1 fiance visa holder.


That's correct. However, depending on age, there may not be an actual interview. What you need is the procedure for follow to join for the specific country. Best to post your questions in the K1 forum.



pushbrkMaleChina2012-10-25 09:03:00
K-1 Fiance(e) Visa Process & Procedurespetitioner arrested

My boyfriend planned to submit the application for a K1 visa supposedly this November but unfortunately he was arrested for Possession of Controlled drugs just last week. He was bailed out and scheduled for a court hearing by the end of this month.how would this affect the application... :crying: :unsure: :help:


As long as he isn't sent to prison, losing his job, it would only impact the petition if this is this means he would have three or more convictions related to controlled substances. Just having the convictions would not impact petition or visa approval but he would have to answer a question YES on the petition and provide the court records. If this is his first or second conviction, no impact as long as he stays out of prison and keeps his job.

How it impacts your relationship with him is none of our business.




Edited by pushbrk, 02 November 2012 - 09:21 AM.

pushbrkMaleChina2012-11-02 09:20:00
K-1 Fiance(e) Visa Process & ProceduresFiancee has owes 200k on Credit Card. Help!!!

Why would I think twice? Come on now. It's only $4,000 converted.


With all due respect, you brought this kind of judgmental THINKING on yourself by not making it clear which currency the 200k was referring to. Nevertheless, the judgmental comments are out of line. We're all adults here.
pushbrkMaleChina2010-11-29 01:00:00
K-1 Fiance(e) Visa Process & ProceduresFiancee has owes 200k on Credit Card. Help!!!

people are entitled to their opinion.considering OP didnt give complete and accurate information,you cant fault them.
you really need to stop getting all defensive over things that dont even concern you


Yes, I can fault them BECAUSE judgmental comments are against the terms of service on VJ.

Push, you made a big assumption that those were mexican pesos...a rare moment of speculation for ya....Its ok, big guy, it happens to the best of us.


:thumbs:


So, about $4,500. Yes, the OP should have clarified but the answer doesn't change based on the currency, just the inappropriate judgments are impacted.

I often pay more than that in credit card bills in a given month. I like the miles. :thumbs: Everything is relative.

Edited by pushbrk, 28 November 2010 - 08:27 PM.

pushbrkMaleChina2010-11-28 20:26:00
K-1 Fiance(e) Visa Process & ProceduresFiancee has owes 200k on Credit Card. Help!!!

200k Pesos. Thanks for the replies.


So, about 16k USD. People should really refrain from making judgmental comments but pesos are not dollars. As long as the Mexican Government allows a valid passport, it sounds like you are marrying some debt.
pushbrkMaleChina2010-11-28 20:11:00
K-1 Fiance(e) Visa Process & ProceduresFiancee has owes 200k on Credit Card. Help!!!

Hello everyone,

My fiancee owes 200k on her Credit Card and hasn't paid in 6 months. Will this affect our fiance visa?


You don't indicate whether you are the US Citizen or the foreigner or 200K in which currency, dollars, pesos etc. If it's the foreigner that owes the money, the US doesn't care but local laws may get in the way of obtaining a valid passport in which to affix the visa.
pushbrkMaleChina2010-11-28 19:54:00
K-1 Fiance(e) Visa Process & ProceduresVisa Interview Date
If you can go, go! It is not required by the embassy that you attend, but let me tell you, if your loved one is told no, having you out there is more than needed. Been there, done that. And finally, when the loved one is approved, you are there to embrace and make memories with them. And one day, you will sit back and say, "Remember when I was sitting out in the courtyard going crazy waiting for you to come out!!??" It's those things you can never get back if you miss them!
So, if you can, be there!! For them. Not because it is or is not a requirement.
ShanSHANFemaleJamaica2012-08-02 09:39:00
K-1 Fiance(e) Visa Process & ProceduresFiling for K1 after nikah in Pakistan

I re read the thread and what you said.

This is where you are losing me with the "too married".

Nikkah in Islam just means marriage. It isnt a special ceremony. It is the acceptance of the marriage between the man and the woman. That is all it is. If you have the Nikkah in Islam with no celebration, the man and woman are still considered married. Right?

So if someone in Pakistan was to have a Nikah with a woman and then file for a K1 they would be denied. Why? Because the nikkah IS the marriage in Islam. Of course if the Nikkah is consummated then is is the same as a marriage that is done in the courthouse here in the US because it fulfils the obligations of marriage in the place that it was contracted.
Right?
But in Pakistan the Nikkah is the marriage ceremony so regardless of whether then man and woman have consummated their marriage...it is still considered a marriage (Remember that they have to be in the same place for USCIS purposes as they dont accept unconsummated proxy marriages)
Right?

So HOW is the OP too married in a situation where his marriage is considered invalid., and it is considered invalid for USCIS purposes because he was not free to marry anyone.

How is he going to even use a marriage that is null for USCIS purposes?

I understand how others who have had Nikkah will get denied for K1. They are applying for the wrong visa but I dont follow how someone whos marriage is considered void will not be able to get a K1?

Help!


You're going to think my explanation is ridiculous and I won't argue that. I would ridicule this explanation too, even though I know it to be correct.

You have to separate the issues. First, we agree the couple isn't "married enough" for a spouse visa BECAUSE he wasn't free to marry.
He's also (let's say "not unmarried enough" instead of "too married") for a fiancee visa because of the fact he both had a Nikah AND consummated the marriage. The Consulate will ask if there was a Nikah. If there was, and particularly if the marriage was later consummated, they are going to say she doesn't qualify for a fiancee visa.

This is HOW one can be too married for fiancee visa and not married enough for a spouse visa. Couples with an unregistered Nikah being denied fiancee visas happens frequently all over the Muslim world. Yes, I think it's ridiculous, just as you do. But it pretty consistently works this way with regard to fiancee visas and Nikahs, and will definitely work that way for a spouse visa when the Nikah occurred before the groom was free to marry.


Google "Catch 22".


pushbrkMaleChina2011-02-25 08:24:00
K-1 Fiance(e) Visa Process & ProceduresFiling for K1 after nikah in Pakistan

I see your point. Both the options are sort of risky i guess. The question is which one is riskier :).



The fiancee visa is less likely to succeed but with the spouse visa you risk additional time and expense. The question I would ask myself is, what would I do if the fiancee visa is denied? If the answer is go there, have a civil marriage and start over, then you have the information you need to make your own decision.


pushbrkMaleChina2011-02-25 00:20:00
K-1 Fiance(e) Visa Process & ProceduresFiling for K1 after nikah in Pakistan

Just talked to a friend who applied for his wife on fiancee visa after Nikah. He actually had a whole wedding ceremony in Pakistan. It was pretty recent too, about 3 years ago.



There are many data points. Check out the ones who have been denied K1 visas after a Nikah.


pushbrkMaleChina2011-02-24 21:10:00
K-1 Fiance(e) Visa Process & ProceduresFiling for K1 after nikah in Pakistan

You are dead wrong. His nikkah is not valid for immigration purposes. Not valid and he cant use it. He can mention it if he wants but he can not use it in any way, shape or form when it comes to the immigrant visa so how is he "too married". The USCIS will not even allow that nikkah to be used because, again, it is in conflict with public laws that do not allow plural marriage. He is married legally in Pakistan and he wont have a problem in Pakistan but he wont be able to immigrate based on this.

To the OP there is a case of a man who was married in his own country to a second wife and the court clearly said that this second marriage violated public policy and is viewed as invalid.

Fact 1- You are not free to remarry because you are still married.

Fact 2- You can have 2 more nikkahs in this interim time and it will not make those nikkahs valid for USCIS purposes.

Fact 3- Everyone that is telling you that you can file a CR1 based on this Pakistani nikkah is incorrect. Please do not file anything based on being "too married" yes you are "two married" but not for Immigration purposes, Dont spend all that money to be denied because of fact #1 and #2.


I explained this in detail earlier in the thread. He's too married for a K1 but not married enough for a CR1. A K1 would be denied because of the Nikah. I don't agree necessarily with such a decision. I just know that's the decision they will make and have made many times over. It's a "Catch 22" situation.



pushbrkMaleChina2011-02-24 20:39:00
K-1 Fiance(e) Visa Process & ProceduresFiling for K1 after nikah in Pakistan

I agree...I know it isn't waht you wanted to hear but USCIS will know everything so don't move forward until you can correct this...then take care of the divorce...go back to pakistan and do a civil ceremony with a new date with new papers...file CR1 visa and then you may still have issues but at least now you aren't so far in you can't correct them....good luck to you...


Actually, USCIS will NOT know everything but eventually the Consulate WILL. I cannot predict how they'll deal with the plural marriage issue resulting from the early Nikah. What I AM sure of is that any OTHER option will end in failure, plus the potential of a lifetime ban from the USA for the foreign spouse.

This is not some process where you can pay some extra to an official to look the other way. US immigration officials take their jobs VERY seriously. The first step here is to fully embrace truth telling. Failure to do so will bring grave consequences.



Edited by pushbrk, 24 February 2011 - 08:09 PM.

pushbrkMaleChina2011-02-24 20:07:00
K-1 Fiance(e) Visa Process & ProceduresFiling for K1 after nikah in Pakistan

Thanks alot .. thats what i was thinking of doing. My only concern is that they might find out that we had nikah when they do background check on my wife.


You need to stop being concerned whether they will find out. They WILL find out. Be concerned about the actual TRUTH. You have a consummated marriage with the Pakistan woman prior to obtaining a divorce. You do NOT have a fiancee anymore. The K1 visa is out of the question FOREVER in this relationship. Unfortunately, you're getting confusing responses from people who are NOT considering the totality of your circumstances.

Get a divorce. Go to Pakistan and obtain a civil marriage that occurs AFTER you are free to marry. Then, pursue a CR1 visa. BE TRUTHFUL in everything you do from this point forward and you'll still be taking your chances at the interview. Does your new wife know you were married when you did the Nikah and consummated the marriage with her? If so, she needs to be truthful. If not, you need to be truthful with her, TODAY, and help prepare her to deal with that truth from today forward, specifically in any dealings with the Consulate.



pushbrkMaleChina2011-02-24 18:55:00
K-1 Fiance(e) Visa Process & ProceduresFiling for K1 after nikah in Pakistan

I appreciate all the replies regarding my post. Things are still a little confusing because of some contradicting statements.

I guess my best bet is to have civil marriage or nikah again and file for spousal visa after that. Do I have to be present in Pakistan for that or will US recognize over phone marriage?

Thanks


I'll tell you for the third time. You must "go to Pakistan" and have a civil marriage". This is a minimum requirement. It does not solve the problem of having a Nikah when already married.




That leads me to believe that i can easily file for K1 after my divorce as i had planned. If the marriage is not recognized, then there shouldn't be any problem.


The problem is that the above poster is simply wrong about the K1 part of their assessment. I already told you, you're too married (Nikah) for a fiancee visa.



pushbrkMaleChina2011-02-24 18:50:00
K-1 Fiance(e) Visa Process & ProceduresFiling for K1 after nikah in Pakistan

Thanks .. yes have to figure something out for that. Attorney can't help in any way, can they?


An attorney can't change the facts, no. The way I see it, you're in a catch 22 situation. You're too married to the second wife to have a fiancee and you were "too married" to your first wife for the second wife to qualify as a spouse for a spouse visa. You can provide a marriage certificate from a later civil marriage, so you're "married enough" to qualify for a spouse visa. The Catch 22 is that even after you are "married enough" (subsequent civil marriage) she'll face the question of a NiKah at the interview. If she answers truthfully, (she really must do so) then they'll want to see the Nikah certificate, see the dates and know you married while still married.

The reason you're "too married for a fiancee visa is sort of obvious but I'm going to go out on a very short, strong limb here and presume this "marriage" between two Muslims in Pakistan has been consummated. Way too married in Pakistan.

Back to my first sentence. Playing fast and loose with the truth dooms you for immigration. Does your new wife know you were already and still married at the time of the Nikah? If she doesn't, you're double doomed.





Its not bigamy. Its polygny and the only thing that USCIS say is the first wife is the only wife allowed to get immigration benefits but they do understand that other countries allow and practice it. You just wont be able to practice it in the USA.



US laws consider this "Bigamy".

Edited by pushbrk, 24 February 2011 - 05:21 AM.

pushbrkMaleChina2011-02-24 05:20:00
K-1 Fiance(e) Visa Process & ProceduresFiling for K1 after nikah in Pakistan

I am actually planning to file petition after divorce, which will be finalized in roughly a month. I think i kinda screwed myself by having nikah before that, but i could use court marriage document (which will be later date) instead of nikah document, correct?



Yes, that's the go back to Pakistan and have a civil marriage part of my recommendation. Not sure you got the impact of what I meant though. You did something that would be illegal in the USA, in that you got married to two women at the same time. It's a crime called Bigamy. Whether and when you had a Nikah is still likely to be asked in the interview, with unpredictable consequences.


pushbrkMaleChina2011-02-24 00:10:00
K-1 Fiance(e) Visa Process & ProceduresFiling for K1 after nikah in Pakistan

Thanks. But the weeding date will be a problem, correct? nikah document has a date of Dec 2010. Divorce will be finalized in March 2011.




Yes, it will be a problem but the whole suggestion was wrong. You can't file for the same person as spouse and fiancee at the same time. The poster was referring to the obsolete K3 process where the I-130 and I-129F are both filed for a spouse. Read my post for your viable options.


pushbrkMaleChina2011-02-23 23:55:00
K-1 Fiance(e) Visa Process & ProceduresFiling for K1 after nikah in Pakistan

Hi - I had a Nikah ceremony in Dec last year in Pakistan. Currently I am going through divorce with my wife in the US. We had been separated for a little while, but just filed divorce last month. I have couple of questions:

1) Will it be smart to apply for K1 visa since its faster? Can the Embassy figure out that we already had nikah and deny k1?
2) Should i just go down the route of applying visa for spouse? What is a rough timeline?

Any help will be appreciated.



Fast and loose with the truth will doom you with US Immigration. First, having an actual full fledged qualified Nikah, means you are married. Having one while still married to somebody else opens a whole other can of worms. If you file a petition now, I would expect the Consulate to consider you a liar and your relationship a lie as well, this whether you were to now petition for fiancee OR spouse. You MIGHT manage to succeed with a spouse visa if you get divorced, then go back to Pakistan for a civil marriage.

A fiancee visa is out of the question entirely at this time. You aren't free to marry.


pushbrkMaleChina2011-02-23 23:50:00
K-1 Fiance(e) Visa Process & ProceduresNOA2 next!?

So I am both excited and a little concerned, I had received an RFE requesting more information pertaining to a 2005 domestic violence case. I sent in all certified court docs and USCIS changed my status to RFE Response Review on 02/23. Last night I received a notice of intent to deny. It is asking to to provide information that I have completed a court approved domestic violence program and marriage termination for my GF at the time being who was involved in the altercation. Good news is that I have the proof that I finished and completed the 52 week course which was done about 4 years ago and I also was never even married before so I'm going to go to Court Records and get a certificate of non-existence.

My only concern here is that why did they not send me a 2nd RFE but instead a notice of intent to deny? If I send them back the required doc's will NOA2 finally be next?
0


If that's what it ask for, exactly, then sending it should be enough to get the petition approved. Remember that USCIS does NOT issue visas. This NOID is IMBRA related. IMBRA is not about denying visas. It's about informing the foreign fiancee. Your fiancee is likely to be asked what she knows about this, so she should know everything already. Your past will not deny her the visa but concealing from her will indicate less than a bona fide relationship. Lack of a bona fide relationship (in the eyes of a Consular Officer) CAN cause the visa to be denied.



pushbrkMaleChina2012-03-20 07:03:00
K-1 Fiance(e) Visa Process & ProceduresCountry of both question

My wife was born in USSR and her son born in Russia.


There's no need to over-think these questions. My grandmother was born where she was born, but on the day she was born, her community was part of Texas. A few years later, the border was re-designated as another fork of the red river, making her birthplace a part of Oklahoma. Was she born in Texas or Oklahoma? Either answer is correct, as there would be no birth certificate. In the OP's case, where will the birth certificate say she was born? The question is only a curiosity, as either answer would be both understood and accepted.

Edited by pushbrk, 24 March 2012 - 09:04 AM.

pushbrkMaleChina2012-03-24 09:03:00
K-1 Fiance(e) Visa Process & ProceduresCountry of both question

We are currently filling out my fiancées profile on the Russian consulates website. She was born in Ukraine but while it was still the USSR. My question is what should we put down as country of birth Russian Federation or


Ukraine is correct, and if you put USSR, that would also be OK. There was no Russian Federation when she was born. It was the USSR then.
pushbrkMaleChina2012-03-24 07:14:00