Tips? Pointers? Am I missing something?

[HappyDeux :-) 0]

Hello,

My fiancée and I have just started this visa journey and I'm already driving myself crazy. We filed about three weeks ago. My intent in starting this topic was to gain some insight from those who have dealt with the US Embassy in Casablanca. Also, to maybe see if there are certain things about our case that we should address (i.e. potential red flags) in preparation for the interview.

Here are our stats:

USC: 25 yr old Muslim female in the military, finishing up a B.S. degree. Divorced, no children previous marriage lasted 3 years

Beneficiary: 26 yr old Muslim male employed with the Moroccan government has a two year degree. Single, no children.

We communicate in some capacity all day everyday. My fiancée even went as far as to purchase a wireless router for me to make sure that I have a reliable Internet connection. Yes, I've been living in the dark ages;-)

Met on a Muslim matrimonial site in September '12, visited morocco in november '12 for 8 days...and met the entire family. For religious reasons we decided to have a nikah (Islamic marriage ceremony not a "legal" marriage) with family and friends present as we are very serious about marriage and could not talk or spend time alone without a third party present. This is why our relationship has progressed quickly, dating is not an option. I plan insha'Allah to go back to morocco for the interview just to support my fiancée through the process. I would love to visit before the interview, but because of my profession I cannot just leave the country whenever I feel like it.

I'm saving all of my personal leave to be in country for the interview, do some site seeing, and insha'Allah help my fiancée get everything in order for moving to the states.

I've analyzed our case repeatedly, and the only potential red flags i can see is my previous marriage, the length of the relationship, difference in racial background, and number/length of visits to morocco. Only one of those potential red flags can be altered: the number/length of visits. I'm hoping a three week visit for the interview will suffice. We've already started doing a few mock interviews. I have no doubt of the validity of our relationship, but the horrors stories I've read about the counsulate makes me a little concerned. Based on the information I've provided is there something I'm missing that might be an issue?

Any tips/suggestions would be greatly appreciated. Thanks in advance!

[Cathi 5,696]

The moment you sign the Nikkah you are legally married. Your petition will be denied because in the eyes of USCIS you are married and no longer qualify for a K-1. You will have to withdraw your petition and file the I-130 for CR-1 visa. this is from the USCIS website about marriage and the difference between the 2 visas.

"Katib Al Kitab" and Its Legal Implications

Please note that the nonimmigrant fiancé(e) (K-1) visa is created to enable you to travel to the United States in order to marry your U.S. citizen fiancé(e) in the United States within 90 days from your arrival date to the United States. Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter (during the visa interview). By signing a marriage contract (Katib Al Kitab), you are considered to be legally and officially married under both Moroccan and U.S. law, regardless of consummation of marriage or the holding of a wedding party.

If you and your U.S. citizen petitioner have signed the Katib Al Kitab, or intend to sign before travel to the U.S., you are not eligible for a K-1 visa. If you have signed the Katib Al Kitab, your spouse must file for a family-based immigrant visa (CR1 form I-130)

You must inform the USCIS that you have signed the contract. If you do not tell them it would be lying, and lying to USCIS in order to obtain a visa is misrepresentation and carries a lifetime ban.

Edited December 25, 2012 by mimolicious

[HappyDeux :-) 0]

The moment you sign the Nikkah you are legally married. Your petition will be denied because in the eyes of USCIS you are married and no longer qualify for a K-1. You will have to withdraw your petition and file the I-130 for CR-1 visa. this is from the USCIS website about marriage and the difference between the 2 visas.

“Katib Al Kitab” and Its Legal Implications

Please note that the nonimmigrant fiancé(e) (K-1) visa is created to enable you to travel to the United States in order to marry your U.S. citizen fiancé(e) in the United States within 90 days from your arrival date to the United States. Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter (during the visa interview). By signing a marriage contract (Katib Al Kitab), you are considered to be legally and officially married under both Moroccan and U.S. law, regardless of consummation of marriage or the holding of a wedding party.

If you and your U.S. citizen petitioner have signed the Katib Al Kitab, or intend to sign before travel to the U.S., you are not eligible for a K-1 visa. If you have signed the Katib Al Kitab, your spouse must file for a family-based immigrant visa (CR1 form I-130)

I think you misunderstood me. This was not a legal ceremony.. Nothing was signed. We did not go to an 'adoul. There were no papers involved, no Katib Al Kitab.

[PalestineMyHeart 1,897]

Hello,

My fiancée and I have just started this visa journey and I'm already driving myself crazy. We filed about three weeks ago. My intent in starting this topic was to gain some insight from those who have dealt with the US Embassy in Casablanca. Also, to maybe see if there are certain things about our case that we should address (i.e. potential red flags) in preparation for the interview.

Here are our stats:

USC: 25 yr old Muslim female in the military, finishing up a B.S. degree. Divorced, no children previous marriage lasted 3 years

Beneficiary: 26 yr old Muslim male employed with the Moroccan government has a two year degree. Single, no children.

We communicate in some capacity all day everyday. My fiancée even went as far as to purchase a wireless router for me to make sure that I have a reliable Internet connection. Yes, I've been living in the dark ages;-)

Met on a Muslim matrimonial site in September '12, visited morocco in november '12 for 8 days...and met the entire family. For religious reasons we decided to have a nikah (Islamic marriage ceremony not a "legal" marriage) with family and friends present as we are very serious about marriage and could not talk or spend time alone without a third party present. This is why our relationship has progressed quickly, dating is not an option. I plan insha'Allah to go back to morocco for the interview just to support my fiancée through the process. I would love to visit before the interview, but because of my profession I cannot just leave the country whenever I feel like it.

I'm saving all of my personal leave to be in country for the interview, do some site seeing, and insha'Allah help my fiancée get everything in order for moving to the states.

I've analyzed our case repeatedly, and the only potential red flags i can see is my previous marriage, the length of the relationship, difference in racial background, and number/length of visits to morocco. Only one of those potential red flags can be altered: the number/length of visits. I'm hoping a three week visit for the interview will suffice. We've already started doing a few mock interviews. I have no doubt of the validity of our relationship, but the horrors stories I've read about the counsulate makes me a little concerned. Based on the information I've provided is there something I'm missing that might be an issue?

Any tips/suggestions would be greatly appreciated. Thanks in advance!

You are the USC ?

I don't think your previous marriage is a red flag, unless your divorce occurred very shortly before (or even during) the new relationship - that would draw a lot of interest from the consulate.

A difference in racial background is not really a red flag, either. However, a difference in cultural background might be. Still, many couples with such differences get approved every week.

I think the very quick progression of your relationship (going from initial meeting to a nikah ceremony a mere 2 months later) is probably going to be scrutinized very closely. Also the fact that you've only spent 8 days together in real life before filing for a visa.

I would strongly suggest that if at all possible, you make at least one more visit to your fiance before the interview, and stay for a longer period of time than just a week. I would also strongly suggest that you document everything that shows your constant communication with each other and the normal "couple things" that you talk about together. The consulate will want to see your correspondence from initial meeting up through the time of the interview, and if the decision to marry occurred very quickly after initial meeting - and before even meeting in person - it will definitely get a lot of scrutiny.

Casa is a tough consulate. Best to get all your ducks in a very compelling row before even filing.

[HappyDeux :-) 0]

Yes, I'm the USC. I had been divorced well before this relationship...As I stated in my post because of my job I cannot leave whenever I want to. I'm planning to stay for three week during the time of the interview. I'm quite familiar with extensive paperwork, so I've kept adequate records thus far of "couple things" and will continue to do so. Nothing was set in stone until the visit took place. And I also stated that for religious reasons our relationship developed quickly.

[PalestineMyHeart 1,897]

This may help a little in seeing the kinds of patterns that the consulates are looking for when trying to detect fraud:

http://www.latinamericanstudies.org/immigration/USCIS_Fraud_Referral_Sheet.pdf

[HappyDeux :-) 0]

Cheers!

[PalestineMyHeart 1,897]

Yes, I'm the USC. I had been divorced well before this relationship...As I stated in my post because of my job I cannot leave whenever I want to. I'm planning to stay for three week during the time of the interview. I'm quite familiar with extensive paperwork, so I've kept adequate records thus far of "couple things" and will continue to do so. Nothing was set in stone until the visit took place. And I also stated that for religious reasons our relationship developed quickly.

I understand what you're saying. I'm just telling you what the consulate looks at as a red flag. Regardless of religious reasons (and Casa is very familiar with Muslim custom) they still look at fast relationships between USCs and foreigners (especially MENA males in a high fraud consulate like Casa) in a suspicious light. So you have to think like the consulate and determine where the weak points are in your case (as you're doing) and be prepared to provide compelling and convincing evidence that despite this red flag, you are for real. And you've already found your way to the best place for advice on that - VJ's MENA forum.

Wishing you and your fiance all the best of luck for a successful process.

[HappyDeux :-) 0]

Thank you

[Sarah Elle-Même 660]

Well I am not a Morocco petitioner but there are many here on the MENA sub-forum on VJ. Having had your nikah already may make the K-1 impossible because USCIS and/or the Embassy views it as you are already married and not eligible for the fiance(e) petition. That just seems to be the experiences of other people who post on this site. The whole religious or cultural "ceremony" seems to be a crapshoot. But the general rule is if you are considered married in Morocco, you will be considered married for the purposes of this immigration petition/visa application. You may consider going back to Morocco to finish getting legally married and applying for the I-130 petition/CR-1 visa.

If you look in the search bar on the top right corner of the site for the CASA Embassy or look at reviews you'll see it is possibly one of the most difficult embassies to get through, especially if you had a short courtship. But that is not the only factor. Some couples get approved with one visit no problem, others do not even after several visits. The consular officers look through all the evidence you provide for red flags that your husband may be using your relationship for a green card. I'm totally not saying that is his intentions but the Casa Embassy considers itself a "high fraud" embassy and the onus is on your husband to prove he has the best intentions. Also your plan for visiting for 3 weeks for the interview may not be the best timing because after the NOA2 (USCIS approval) they will ask you to send the National Visa Center another packet of forms and evidence which includes proof of ongoing relationship. This is the time to show you have visited again because they are not required to look at any evidence you bring to the interview.

A lot of people have tough job circumstances. In the last whole year I will have only seen my fiance for 4 weeks total. I feel your pain, but a gals gotta do what a gals gotta do. Any effort you can muster up to visit your husband will not only help with the application but also help both of you cope with the distance.

[HappyDeux :-) 0]

Well I am not a Morocco petitioner but there are many here on the MENA sub-forum on VJ. Having had your nikah already may make the K-1 impossible because USCIS and/or the Embassy views it as you are already married and not eligible for the fiance(e) petition. That just seems to be the experiences of other people who post on this site. The whole religious or cultural "ceremony" seems to be a crapshoot. But the general rule is if you are considered married in Morocco, you will be considered married for the purposes of this immigration petition/visa application. You may consider going back to Morocco to finish getting legally married and applying for the I-130 petition/CR-1 visa.

If you look in the search bar on the top right corner of the site for the CASA Embassy or look at reviews you'll see it is possibly one of the most difficult embassies to get through, especially if you had a short courtship. But that is not the only factor. Some couples get approved with one visit no problem, others do not even after several visits. The consular officers look through all the evidence you provide for red flags that your husband may be using your relationship for a green card. I'm totally not saying that is his intentions but the Casa Embassy considers itself a "high fraud" embassy and the onus is on your husband to prove he has the best intentions. Also your plan for visiting for 3 weeks for the interview may not be the best timing because after the NOA2 (USCIS approval) they will ask you to send the National Visa Center another packet of forms and evidence which includes proof of ongoing relationship. This is the time to show you have visited again because they are not required to look at any evidence you bring to the interview.

A lot of people have tough job circumstances. In the last whole year I will have only seen my fiance for 4 weeks total. I feel your pain, but a gals gotta do what a gals gotta do. Any effort you can muster up to visit your husband will not only help with the application but also help both of you cope with the distance.

Thank you:-) we're not considered as legally married in morocco. Advice well noted. I'll discuss with him about visiting sooner.

[sandinista! 1,816]

In the past there's been a few couples who went through morocco with a similar arrangement. I don't know if they had any complications or not, I don't recall their updates. It's been more common with those petitioning for an SO in Egypt than elsewhere in this forum anyways. Is it an arrangement to disclose to the consulate before or during the interview, I don't know.

I don't know how Casablanca looks at this type of marriage in terms of fraudy or not. In my own opinion it's shady as all getout, lots of people maintained halal relationships with their SO and got to know them without agreeing to get married in a manner that completely deprives them of any and all of their Godgiven rights in a marriage, and without agreeing to a marriage that really no self-respecting Moroccan guy would ever condone for their own daughter or sister or the woman they loved, respected, and wanted to share the rest of their life with. But how important any of that is to the consulate-maybe someone else has more insight?

[HappyDeux :-) 0]

In the past there's been a few couples who went through morocco with a similar arrangement. I don't know if they had any complications or not, I don't recall their updates. It's been more common with those petitioning for an SO in Egypt than elsewhere in this forum anyways. Is it an arrangement to disclose to the consulate before or during the interview, I don't know.

I don't know how Casablanca looks at this type of marriage in terms of fraudy or not. In my own opinion it's shady as all getout, lots of people maintained halal relationships with their SO and got to know them without agreeing to get married in a manner that completely deprives them of any and all of their Godgiven rights in a marriage, and without agreeing to a marriage that really no self-respecting Moroccan guy would ever condone for their own daughter or sister or the woman they loved, respected, and wanted to share the rest of their life with. But how important any of that is to the consulate-maybe someone else has more insight?

I'm sorry, I didn't understand what you meant by an "arrangement" and that "no self-respecting Moroccan guy would ever condone" said "arrangement" for his sister or daughter...Interestingly enough, that would mean a lot of men are lacking in self-respect. And where does fraudulence come into play?

[PalestineMyHeart 1,897]

I'm sorry, I didn't understand what you meant by an "arrangement" and that "no self-respecting Moroccan guy would ever condone" said "arrangement" for his sister or daughter...Interestingly enough, that would mean a lot of men are lacking in self-respect. And where does fraudulence come into play?

She means that a nikah without the legal recognition and registration of a marriage leaves the female participant without any legal recourse to the rights she would have as a wife - so the nikah is essentially meaningless, other than that some couples consider it a "license" to consummate a relationship. The vast majority of Moroccan men would not condone this arrangement for their daughters or sisters or fiancees, as it leaves the female at terrible risk of being used and then dumped at will, with none of the rights that a legal marriage would guarantee to her.

I am not saying your fiance is going to use you and dump you. I am saying that this type of arrangement is very uncommon and even eschewed by Moroccans marrying other Moroccans or women from other Arab countries.

Just wondering - what was your reason for not legally marrying ?

[HappyDeux :-) 0]

She means that a nikah without the legal recognition and registration of a marriage leaves the female participant without any legal recourse to the rights she would have as a wife - so the nikah is essentially meaningless, other than that some couples consider it a "license" to consummate a relationship. The vast majority of Moroccan men would not condone this arrangement for their daughters or sisters or fiancees, as it leaves the female at terrible risk of being used and then dumped at will, with none of the rights that a legal marriage would guarantee to her.

I am not saying your fiance is going to use you and dump you. I am saying that this type of arrangement is very uncommon and even eschewed by Moroccans marrying other Moroccans or women from other Arab countries.

Just wondering - what was your reason for not legally marrying ?

Conjecture aside, the nature of my profession was the reason we didnt marry legally. My career field is time sensitive and a myriad of factors would make staying in morocco a month to marry nothing less than a daunting task. In short, a k-1 visa was the best option for my situation.