Confused Please Help !

[Naina 0]

I live in Minnesota and have a spouse in Pakistan …Though we have been married for about year n half but I never filed any immigration form for him since my husband never wanted to move to U.S. After marrying him in Pakistan, I came back to U.S to finish my studies first and then was planning to settle in Pakistan permanently….So legally am still single according to U.S law because I never filed anything once I came back from Pakistan saying that I got married there …because my husband had no intention of moving to states and plus I was too absorbed with my studies.

Five months ago I was in Pakistan for the 2nd time and when I returned back to the U.S ..I found out that I was pregnant …so after a lot of thinking my husband has finally changed his mind and decided to move to U.S ….

Now, here’s my complication …

I am confused what I should file for my husband. I-130 (Petition for alien spouse) ? Or I-129 F (Petition for Alien Fiancé) ? Reason why am confused is because like I said in U.S am still single but we got married legally in Pakistan.

What I do want is the quickest way to bring him over to U.S? And by reading the forum I see that a lot of you have chosen I-129 F but am confused whether I should file for him this way since we are already legally married in Pakistan. Can I still file for him as my fiancé and get married again here in the U.S? Or do I have no choice but to file for him as my Alien spouse (which I know is a lot longer process)

Also, currently am a full time college student and living with my parents. I have no income since I do not work …all I do is just study ..study ..study…will this also complicate the whole procedure ? I do have some money in my bank account …and since I live with my parents ..I know that my parents will also help us out financially till am through with college ….so financially he will get support from my parents as well if that is needed. Will this be O.K or do I need to start looking for a job?

Thanks a ton …

Your responses will be much appreciated!

[payxibka 10,045]

There is no confusion.... YOU ARE MARRIED..... There is no procedure for the recording of a foreign marriage in the USA

I-130

Edited October 7, 2008 by payxibka

[Mononoke28 135]

Yes, you are currently legally married if your marriage was legal the day of your wedding. As long as you have a marriage certificate, no matter where it's from, you are married.

With that said, your options now are either an IR1 visa or K3 visa. The processing time for the most part is just as long for both at the USCIS and it all depends on how fast the US embassy in Pakistan processes these visas. Most embassies process them at the same rate. The reason why you can file for an IR1 visa instead of a CR1 is because you will most likely be married for over 2 years at the time of your husband's interview, once he arrives in the US, he will automatically be given his 10 year green card. With the K3 visa, he will have to apply for AOS, pay an additional $1,010 and not be able to work until his EAD is approved which can take at least 3 months.

Since you do not currently work, you will need a co-sponsor to file an I-864, otherwise his visa will be denied.

Diana

[cmnb 0]

I live in Minnesota and have a spouse in Pakistan …Though we have been married for about year n half but I never filed any immigration form for him since my husband never wanted to move to U.S. After marrying him in Pakistan, I came back to U.S to finish my studies first and then was planning to settle in Pakistan permanently….So legally am still single according to U.S law because I never filed anything once I came back from Pakistan saying that I got married there …because my husband had no intention of moving to states and plus I was too absorbed with my studies.

Five months ago I was in Pakistan for the 2nd time and when I returned back to the U.S ..I found out that I was pregnant …so after a lot of thinking my husband has finally changed his mind and decided to move to U.S ….

Now, here’s my complication …

I am confused what I should file for my husband. I-130 (Petition for alien spouse) ? Or I-129 F (Petition for Alien Fiancé) ? Reason why am confused is because like I said in U.S am still single but we got married legally in Pakistan.

What I do want is the quickest way to bring him over to U.S? And by reading the forum I see that a lot of you have chosen I-129 F but am confused whether I should file for him this way since we are already legally married in Pakistan. Can I still file for him as my fiancé and get married again here in the U.S? Or do I have no choice but to file for him as my Alien spouse (which I know is a lot longer process)

Also, currently am a full time college student and living with my parents. I have no income since I do not work …all I do is just study ..study ..study…will this also complicate the whole procedure ? I do have some money in my bank account …and since I live with my parents ..I know that my parents will also help us out financially till am through with college ….so financially he will get support from my parents as well if that is needed. Will this be O.K or do I need to start looking for a job?

Thanks a ton …

Your responses will be much appreciated!

you cannot apply for him on the fiance visa. that is not an option for you since you have already been married in Pakistan. i am guessing your marriage was registered in a court in pakistan. if not, then please go ahead and do that and apply for your husband on a spousal category visa. you mentioned that you have not told the US government that you are married. dont worry about that coz that would hardly matter. you cannot be held liable for not disclosing your marital status.

you will need to file either a K3 or a CR-1/IR-1. in any of these options you will have to fill out a I-130 form and mail it with the supporting documents. having said that, K3 is usually a quicker option for ur spouse to join you in the states but the hassle is not worth it since you have to file for an adjustment of status to permanent residence and your spouse cannot work immediately. if the job situation is an issue for you and u want for him to start working right away, you should be considering CR-1/IR-1. there is a ton of info on this website to walk you through and make an informed decision which visa you want to persue.

but going back to the first point, you are legally married and must file for him as a spouse. applying for a fiance visa can get you into trouble as he is not your fiance and it can be considered visa fraud. good luck and God bless and congratulations on your pregnancy.

Edited October 7, 2008 by cmnb

[Phillip2 3]

yes you are married no matter were is was as long as it was legal!!!

IR 1 is the way to go because the timeline is almost the same and it will save you some money.

[cmnb 0]

yes you are married no matter were is was as long as it was legal!!!

IR 1 is the way to go because the timeline is almost the same and it will save you some money.

...and will save you a lot of hassle and nonsense from USCIS. welcome to the world of waiting...

[frali 2]

Time wise, It will take you anywhere from 9 months to 18 months to get him over.

Good luck!

[Devkpaik 1]

I live in Minnesota and have a spouse in Pakistan …Though we have been married for about year n half but I never filed any immigration form for him since my husband never wanted to move to U.S. After marrying him in Pakistan, I came back to U.S to finish my studies first and then was planning to settle in Pakistan permanently….So legally am still single according to U.S law because I never filed anything once I came back from Pakistan saying that I got married there …because my husband had no intention of moving to states and plus I was too absorbed with my studies.

Five months ago I was in Pakistan for the 2nd time and when I returned back to the U.S ..I found out that I was pregnant …so after a lot of thinking my husband has finally changed his mind and decided to move to U.S ….

Now, here’s my complication …

I am confused what I should file for my husband. I-130 (Petition for alien spouse) ? Or I-129 F (Petition for Alien Fiancé) ? Reason why am confused is because like I said in U.S am still single but we got married legally in Pakistan.

What I do want is the quickest way to bring him over to U.S? And by reading the forum I see that a lot of you have chosen I-129 F but am confused whether I should file for him this way since we are already legally married in Pakistan. Can I still file for him as my fiancé and get married again here in the U.S? Or do I have no choice but to file for him as my Alien spouse (which I know is a lot longer process)

Also, currently am a full time college student and living with my parents. I have no income since I do not work …all I do is just study ..study ..study…will this also complicate the whole procedure ? I do have some money in my bank account …and since I live with my parents ..I know that my parents will also help us out financially till am through with college ….so financially he will get support from my parents as well if that is needed. Will this be O.K or do I need to start looking for a job?

Thanks a ton …

Your responses will be much appreciated!

You need to read the guides and read other threads that pertain to your situation, such as being a college student and having no income and how that plays into effect and how having money in your bank is not what they mainly look for as you being the primary sponsor.

So, read the guides at the top of the page and get a better understanding of the process.

And yes, if you are LEGALLY married in Pakistan, you are LEGALLY married in the US. You MAY NOT file for a K1.

[Gumbolette 58]

There's really no confusion here. Once you got married, you are married in the eyes of the world.

Like most of our cases here, USC leaves US in single status and get married to the country of origin of his fiancee. when he gets back to US,he's no longer single since he married someone in this planet, so what he will do is he will file an I-130 for his wife as an immigrant, either way file a K3 and deal with Adjustment of Status. If you didn't marry your husband now in Pakistan, then the route you will be taking is K1,petition for alien fiance'.

hope that's a lil light for you.

[Ling Ling 22]

There's really no confusion here. Once you got married, you are married in the eyes of the world.

Like most of our cases here, USC leaves US in single status and get married to the country of origin of his fiancee. when he gets back to US,he's no longer single since he married someone in this planet, so what he will do is he will file an I-130 for his wife as an immigrant, either way file a K3 and deal with Adjustment of Status. If you didn't marry your husband now in Pakistan, then the route you will be taking is K1,petition for alien fiance'.

hope that's a lil light for you.

Dear Pink Lady....

Why do you punish us old people with this difficult to read color?

[Gumbolette 58]

There's really no confusion here. Once you got married, you are married in the eyes of the world.

Like most of our cases here, USC leaves US in single status and get married to the country of origin of his fiancee. when he gets back to US,he's no longer single since he married someone in this planet, so what he will do is he will file an I-130 for his wife as an immigrant, either way file a K3 and deal with Adjustment of Status. If you didn't marry your husband now in Pakistan, then the route you will be taking is K1,petition for alien fiance'.

hope that's a lil light for you.

Dear Pink Lady....

Why do you punish us old people with this difficult to read color?

I didn't notice that Old people are having hard time reading my post.

I guess I was just too young. Alrigthy...

[Phillip2 3]

Well pink does not do well with the bacvkground

[Gumbolette 58]

ahem, always remember that the word "prerogative" exist.

~fin