Is it possible to do a k-1 and k-3 at the same time?

[BillyB 0]

Hi guys,

I have plans to marry my fiancee in Uzbekistan in a few months. I just checked the American Embassy in Uzbekistan's website and they said "The Ministry of Foreign Affairs of Uzbekistan and the U.S. Embassy in Uzbekistan are currently reviewing the requirements for American Citizens who wish to register their marriage to citizens of the Republic of Uzbekistan. "

They also went on to say for the people who planned on starting a k-3 to start a k-1. Now... if I did that and the marrying "Uzbek citizens" issue is resolved when I arrive in Uzbekistan, could I start a k-3 at the same time or will I get in trouble with immigration? I'm thinking filing a k-1 and k-3 would be benefitial since one may be faster than another but I don't want to be a target for termination of the visas if I did something wrong.

Any suggestions?

Thanks,

BillyB

[Kez/JWolf 6]

To file for K1 you have to be free to marry

To file for K3 you have to be already married

so no you can not file for both a K1 and a K3

[Ecalos 0]

Nope, you have to pick one or the other.

[Yodrak 7]

BillyB,

To get an I-129f for fiancee approved you have to be single.

To get an I-129f for spouse approved you have to be married.

That pretty much makes them mutuallly exclusive, don't you think?

Yodrak

Hi guys,

I have plans to marry my fiancee in Uzbekistan in a few months. I just checked the American Embassy in Uzbekistan's website and they said "The Ministry of Foreign Affairs of Uzbekistan and the U.S. Embassy in Uzbekistan are currently reviewing the requirements for American Citizens who wish to register their marriage to citizens of the Republic of Uzbekistan. "

They also went on to say for the people who planned on starting a k-3 to start a k-1. Now... if I did that and the marrying "Uzbek citizens" issue is resolved when I arrive in Uzbekistan, could I start a k-3 at the same time or will I get in trouble with immigration? I'm thinking filing a k-1 and k-3 would be benefitial since one may be faster than another but I don't want to be a target for termination of the visas if I did something wrong.

Any suggestions?

Thanks,

BillyB

[BillyB 0]

Yodrak, I'd file an I-129f for both a fiancee and spouse if I could and wouldn't get in trouble. The only option now is to do the k-1 and cancel the wedding unless the bureaucratic BS gets solved. Who knows how long it's going to take the governments to sort it out?

I know a guy who did a k-3 with his Uzbek wife and it took him 5 months from start to finish last year. Anybody have any ideas what a k-1 is going to take me if I send in the paperwork now? I'm out of Washington State and I think I send my paperwork to Nebraska.

Thanks,

Billy

[Yodrak 7]

BillyB,

What do you mean by "get in trouble"? You won't be sent to jail (I don't think), but you might find it would take a couple of RFEs and an abnormally long time for the USCIS to decide which petition to approve and which to deny.

Yodrak

Yodrak, I'd file an I-129f for both a fiancee and spouse if I could and wouldn't get in trouble. .....

Thanks,

Billy

Edited November 10, 2006 by Yodrak

[BillyB 0]

you might find it would take a couple of RFEs and an abnormally long time for the USCIS to decide which petition to approve and which to deny.

That's exactly the trouble I don't want. The biggest issue I have to deal with now is a cancellation of a wedding and breaking the news to my fiancee. It's important to her to marry in front of her family. I guess we could do that without registering? She's a good woman and she'll take it well. Here's a few pics of my joy and I.

[Sinergy 3]

ennie meenie miny mo

[meauxna 15]

Hi guys,

I have plans to marry my fiancee in Uzbekistan in a few months. I just checked the American Embassy in Uzbekistan's website and they said "The Ministry of Foreign Affairs of Uzbekistan and the U.S. Embassy in Uzbekistan are currently reviewing the requirements for American Citizens who wish to register their marriage to citizens of the Republic of Uzbekistan. "

They also went on to say for the people who planned on starting a k-3 to start a k-1. Now... if I did that and the marrying "Uzbek citizens" issue is resolved when I arrive in Uzbekistan, could I start a k-3 at the same time or will I get in trouble with immigration? I'm thinking filing a k-1 and k-3 would be benefitial since one may be faster than another but I don't want to be a target for termination of the visas if I did something wrong.

Any suggestions?

Thanks,

BillyB

BillyB, slow down a little a breathe.

First of all, you have made plans to marry abroad and pursue a spousal visa. You also express how important it is for your fiance to marry at home. You also seem quite enamored of her and likely to listen to her wants. Remember that 'fastest ain't always bestest'. Some things are important, and they just *are*.

Now, the website does not way what you say it does. It says:

http://www.usembassy.uz/home/index.aspx?&mid=193 (links are always a courtesy to add)

"ATTENTION AMERICAN CITIZENS

The Ministry of Foreign Affairs of Uzbekistan and the U.S. Embassy in Uzbekistan are currently reviewing the requirements for American Citizens who wish to register their marriage to citizens of the Republic of Uzbekistan. Therefore, American citizens may encounter delays in registering marriages in Uzbekistan until the issue is resolved. Those citizens considering marriage may wish to review the process for filing a fiance/fiancee petition as a possible alternative."

So that's nice; they've offered an alternative. It doesn't mean you have to take them up on it.

So what happens if you file an I-129f now, for a fiance? It chugs along, but it's not going to change your fiance's mind about where she wants to marry. If you can get more info on what's going on with this marriage registration (for example, does it matter to you--what exactly is the problem and is it a bar for you having a legal wedding?) then you'll be in a position to make a decision.

You can't start a K-3 application until after you are married. It is OK to start a K-1 petition and get married and change visa types. You simply start from where you *were* going to start after marriage. You cancel the fiance petition out of courtesy when you file for a spouse.

I will say, you may have missed something even better. I don't see any residency restrictions on filing directly with the consulate after you get (if you can) an official marriage certificate.

See here:

http://www.usembassy.uz/home/index.aspx?&a...p;overview=1644

Skip down to this section:

HOW TO FILE AN I-130 PETITION IN TASHKENT

[Yodrak 7]

BillyB,

This is a frequently - and hotly - debated proposition here at VJ.

In a different context I see that it may be an issue in Britney's divorce!

Yodrak

..... It's important to her to marry in front of her family. I guess we could do that without registering? .....

Edited November 10, 2006 by Yodrak

[BillyB 0]

I will say, you may have missed something even better. I don't see any residency restrictions on filing directly with the consulate after you get (if you can) an official marriage certificate.

See here:

http://www.usembassy.uz/home/index.aspx?&a...p;overview=1644

Skip down to this section:

HOW TO FILE AN I-130 PETITION IN TASHKENT

Is that DCF? I did some reading at visajourney on DCF and it looks very attractive. I guess I wouldn't need to file an I-129f if I can get a marriage certificate in Uzbekistan and file an I-130 at the American Embassy in Uzbekistan. The problem could be getting that marriage certificate since there are complications based on requirements. How do I get it if I don't know the requirements? But a little bribing can go a long way. I should file a k-1 now and like you say meauxna, cancel teh k-1 if I get a marriage certificate the DCF going. On average for the members here at visajourney, how much faster is the DCF process compared to K-1 process?

Thanks,

Billy

[BillyB 0]

This is a frequently - and hotly - debated proposition here at VJ.

Whether to marry before or after her/his arrival to the spouse's country? I understand the need to "get to know each other" before making the big decision but we're beyond that point and have put more effort than probably most people here have done before they marry.

I've been writing and calling this woman nearly everyday since March 2005. Visited her three times. She has a work visa to Germany, where her best friend lives, and don't need use me as a mule to go to a more prosperous country. I'm pretty confident she's not taking me for a ride. But I'm clearly aware of other men who jump into this too fast or fall in love with the first woman they meet. Not much chance to succeed. I participate on a couple of forums dedicated to former Soviet Union women and not in the dark when it comes to looking for red flags. You could read a little of my story here. To see the pics, I think one has to sign up though.

http://www.russianwomendiscussion.com/Foru...hp?topic=1303.0

[meauxna 15]

Is that DCF? I did some reading at visajourney on DCF and it looks very attractive. I guess I wouldn't need to file an I-129f if I can get a marriage certificate in Uzbekistan and file an I-130 at the American Embassy in Uzbekistan. The problem could be getting that marriage certificate since there are complications based on requirements. How do I get it if I don't know the requirements? But a little bribing can go a long way. I should file a k-1 now and like you say meauxna, cancel teh k-1 if I get a marriage certificate the DCF going. On average for the members here at visajourney, how much faster is the DCF process compared to K-1 process?

Thanks,

Billy

That *is* DCF. It *is* very attractive!

First, you need to find out more about this marriage registration business. Try to find out what the hold up is, is it regular red tape or something more serious and is there an ETA for success. Find out if it even matters; will your marriage be legal if it is not registered. What is the Embassy registration referenced on their website? etc etc etc

DCF is different in every country. Ours took 33 days, some take one day, some take 6 months. This should be one of your questions when you ask if they'll let you file there.

This is a frequently - and hotly - debated proposition here at VJ.

Whether to marry before or after her/his arrival to the spouse's country?

I suspect Yodrak was referring to the ceremony with no registration and what makes someone legally married in the country concerned.

Tricky territory, proceed with caution.

[Yodrak 7]

BillyB,

Whether to have a ceremony but not register in the foreigner's country before entering the USA on a K1 visa. Is such a ceremony a recognized marriage or not? And even if it's not a recognized marriage, how does one prove a negative (that there's no recognized marriage) if the consulate, CBP, or CIS questions whether or not there is.

As I wrote, this may be a hot issue in Britney's divorce. She and KFed had a nice private wedding ceremony. Then they signed a pre-nup. Then they had the 'real deal'. Did that first ceremony result in a recognized marriage? KFed's attorney will surely try to prove that it was. Keep your eyes on it, it may be interesting in concept although not applicable to Uzbekistan.

Yodrak

This is a frequently - and hotly - debated proposition here at VJ.

Whether to marry before or after her/his arrival to the spouse's country? .....

Edited November 10, 2006 by Yodrak

[BillyB 0]

Yodrak,

I think the marriage certificate registered with the Uzbek government is a must for the Embassy to recognize a marriage. A ceremony would be for purposes of pleasing my fiancee and her relatives.

For now, my best bet is to apply for a k-1 and go for a DCF when I get there in a few months.

In my state of Washington, one can have a meritricious relationship before actual marraige. If two people live together for 3 years and marry for one, a judge would recognize it as a 4 year marriage and split the assets accordingly as if they were married for 4 years.

Britney could be screwed. Pre-nups are really only good when each party has a lawyer present and if KFed didn't have one then he has an out. KFEd could say he was pressured to sign it thus making it void. If you have an immigrant fiancee spouse sign a pre-nup, not only does she need her own attorney but a translator otherwise the pre-nup isn't any good.