Filed for K1 in october, getting married in India in April, is it wise?

[ELW 5]

Super advice, maya62! Yes sauron, get ready in case of a RFE. If it is approved here, the proof that it is not a legally binding marriage from a lawyer in India (besides other proof) might just get the visa approved in India. Maybe the ceremony you had in India can be considered an engagement. Good luck and definitely let us know the news!

[maya62 7]

I found the appeal case I was talking about (finally!)... I remember it was one of a very few where the USCIS decision was withdrawn and the appeal was sustained.

Go to:

http://www.uscis.gov/uscis-ext-templating/...errFrameset.jsp

choose Administrative Decisions after August 1, 2000

choose D6 Fiancyes and Fiancys of US Citizen (K-1)

choose 2003

choose apr2203_01d6101.pdf

The critical paragraph (imho) is near the end:

It is concluded that, if the petitioner's marriage is not recognized for immigration purposes in order to have an immigrant visa petition approved, then the petitioner cannot be considered "married" for the purpose of denying a fiance(e) visa petition.

Hope this helps...

Maya

PS I'll PM this to the OP, too

[cantwait2long 0]

You can get you marrige registered in court or marriage registrar. You do not have to get married again for registration purpose.

[sauron 0]

I found the appeal case I was talking about (finally!)... I remember it was one of a very few where the USCIS decision was withdrawn and the appeal was sustained.

Go to:

http://www.uscis.gov/uscis-ext-templating/...errFrameset.jsp

choose Administrative Decisions after August 1, 2000

choose D6 Fiancyes and Fiancys of US Citizen (K-1)

choose 2003

choose apr2203_01d6101.pdf

The critical paragraph (imho) is near the end:

It is concluded that, if the petitioner's marriage is not recognized for immigration purposes in order to have an immigrant visa petition approved, then the petitioner cannot be considered "married" for the purpose of denying a fiance(e) visa petition.

Hope this helps...

Maya

PS I'll PM this to the OP, too

Thank you so much Maya. I will have this ready in the event of a denial or RFE.

A quick update: My fiancee (or wife, depending on your definition and to whom you're defining it) has found an attorney in India willing to offer an opinion on the legal status of our marriage in writing. We're just waiting on the USCIS to act one way or another. I see some October NOA1s receiving their NOA2s now, hopefully we hear something soon.

-Matt

[rinkie 0]

I filed a K1 visa app on behalf of my fiance in August, NOA1 in October 07. Her parents didn't know at the time, but now they do and they're ok, so I'm flying to India to get married to her. Will this affect our status as K1 petitioners? Will they ask us to re-file an I-130F? We still plan to wed in the USA.

You can absolutely have a religious marriage, since it is not considered legal in India. But make sure that the registration of the marriage takes place in the US first since you have filed for a Fiance visa! A religious marriage in India is not considered to be legal until registered in the court of law, and until it gets written in papers. Your fiance loves you very much... She can't wait to see her cutie pie that is, You. So just go ahead, take the plunge of having a religious marriage, and Yo, there you go! kisses to you both