Apply for K1 or K3?

[achubhai 0]

Hello All,

A friend of mine has this question:

He met his fiance in January 2008. They then had their nikkah in February 2008 (via the internet, i.e. no physical meeting, nikkah done through web-cam). The nikkah was done but was not filed at the local court.

In April 2008, he went overseas to visit her.

His question is, since the nikkah is not filed at the civil court, should he apply for her visa as K1 (fiance) or K3 (spouse)? The next time they plan on meeting, it will be for their wedding ceremony.

Thanks in advance for your advice.

[Sylvia_n_Joseph 3]

I believe that USCIS does NOT recognise proxy marriages. So I think K1 is the only route available

[pushbrk 12,910]

I believe that USCIS does NOT recognise proxy marriages. So I think K1 is the only route available

USCIS does recognize proxy marriages after they are consumated but I don't know what a "Nikkah" is. Married is Married but only if the marriage is legal.

[Beth/ Paris Heart 2]

I believe that USCIS does NOT recognise proxy marriages. So I think K1 is the only route available

USCIS does recognize proxy marriages after they are consumated but I don't know what a "Nikkah" is. Married is Married but only if the marriage is legal.

USCIS recongnized my proxy marriage, and need to prove it was consumated, not sure how to do that, I showed my passsport stamps, hotel receipts, and ATM with draws boarding passes and luggage tags to show I was in Paris right after the ceremony.

[truffles 2]

For those who are unaware of what a Nikkah is then this may be useful - In Islam Nikkah is the actual marriage. Everything else is only traditions. A couple will be officially married after the Nikkah. No other ceremony is vital.

[pushbrk 12,910]

For those who are unaware of what a Nikkah is then this may be useful - In Islam Nikkah is the actual marriage. Everything else is only traditions. A couple will be officially married after the Nikkah. No other ceremony is vital.

That's good to know but for USCIS and the Consulate there are technicalities to deal with. Tell a Conoff you had a Nikkah and you're not getting a K1 visa but without a goverment issued marriage certificate, you're not getting a spouse visa or adjusting status in the US after a K1 visa.

[truffles 2]

Perhaps OP, it might be worth asking this in the relevant regional forum as well as here?

[achubhai 0]

Thank you everyone for your feedback.

Yes, basically 'nikkah' is a religous committment between the girl and boy to agree to marry each other. However, after their nikkah, their relationship was not consumated nor was the marriage contract submitted in the legal court.

Based on most everyone's post, it seems like it is ok to go with K-1 (fiance) visa.

Second question:

Once the K-1 visa is approved, he would like to go to her country and have the 'wedding ceremony' (wedding feast, celebration etc.) and THEN bring her to the US. Does that pose any problems when arriving to the US? Will they know that the marriage ceremony was held after receiving the K-1 visa?

I am also posting this question in the relevant country forum.

[KimandRuss 0]

Same rules apply. If she is granted a K1 visa they must be married in the states. If they come to the border married there is going to be a problem and they will need to apply for a spousal visa.

They are dancing on dangerous grounds as it is. I would not mention the first ceremony to anyone because even tho some may see it as 'non-legal' the Consulate may not. People have been denied visa's for much less.

[Saddle Bronc 124]

Thank you everyone for your feedback.

Yes, basically 'nikkah' is a religous committment between the girl and boy to agree to marry each other. However, after their nikkah, their relationship was not consumated nor was the marriage contract submitted in the legal court.

Based on most everyone's post, it seems like it is ok to go with K-1 (fiance) visa.

Second question:

Once the K-1 visa is approved, he would like to go to her country and have the 'wedding ceremony' (wedding feast, celebration etc.) and THEN bring her to the US. Does that pose any problems when arriving to the US? Will they know that the marriage ceremony was held after receiving the K-1 visa?

I am also posting this question in the relevant country forum.

How about an elaborate BETROTHAL ceremony in non-Yank fiancée's country, and simple marriage in US?

(edit: this is exactly what Pras and I did)

[achubhai 0]

Same rules apply. If she is granted a K1 visa they must be married in the states. If they come to the border married there is going to be a problem and they will need to apply for a spousal visa.

They are dancing on dangerous grounds as it is. I would not mention the first ceremony to anyone because even tho some may see it as 'non-legal' the Consulate may not. People have been denied visa's for much less.

I do agree this is walking on treacherous ground. But they will NOT mention to anyone that they had their nikkah done (i.e. not tell the consulate) or tell them that they will have the wedding ceremony before they reach the U.S.

It is a very unusual circumstance, but the girl's family would like to have the wedding ceremony in the home country. I guess once they reach here they would have a small ceremony and also the civil marriage.

[pushbrk 12,910]

Same rules apply. If she is granted a K1 visa they must be married in the states. If they come to the border married there is going to be a problem and they will need to apply for a spousal visa.

They are dancing on dangerous grounds as it is. I would not mention the first ceremony to anyone because even tho some may see it as 'non-legal' the Consulate may not. People have been denied visa's for much less.

I do agree this is walking on treacherous ground. But they will NOT mention to anyone that they had their nikkah done (i.e. not tell the consulate) or tell them that they will have the wedding ceremony before they reach the U.S.

It is a very unusual circumstance, but the girl's family would like to have the wedding ceremony in the home country. I guess once they reach here they would have a small ceremony and also the civil marriage.

Married is still married. I they marry abroad, they cannot marry in the US without making a fraudulent application for a marriage license. These people need to either conform their plans to the fiance visa process or get married and go the spouse visa route. They are risking she'll never be allowed in the USA or worse, that she arrives, is deported and never allowed to return.

Edited June 26, 2008 by pushbrk

[Saddle Bronc 124]

Same rules apply. If she is granted a K1 visa they must be married in the states. If they come to the border married there is going to be a problem and they will need to apply for a spousal visa.

They are dancing on dangerous grounds as it is. I would not mention the first ceremony to anyone because even tho some may see it as 'non-legal' the Consulate may not. People have been denied visa's for much less.

I do agree this is walking on treacherous ground. But they will NOT mention to anyone that they had their nikkah done (i.e. not tell the consulate) or tell them that they will have the wedding ceremony before they reach the U.S.

It is a very unusual circumstance, but the girl's family would like to have the wedding ceremony in the home country. I guess once they reach here they would have a small ceremony and also the civil marriage.

Re-asking my earlier question: what about a fancy engagement ceremony (much-hoopla party with the word "BETROTHAL" prominently displayed) in home country and simple (I didn't think of civil-only-->but that is as simple as it gets) marriage in US?

[chris-lei 1]

Hello All,

A friend of mine has this question:

He met his fiance in January 2008. They then had their nikkah in February 2008 (via the internet, i.e. no physical meeting, nikkah done through web-cam). The nikkah was done but was not filed at the local court.

In April 2008, he went overseas to visit her.

His question is, since the nikkah is not filed at the civil court, should he apply for her visa as K1 (fiance) or K3 (spouse)? The next time they plan on meeting, it will be for their wedding ceremony.

Thanks in advance for your advice.

for your friend, i suggest they go through the real nikkah proper and file for K3. that is to satisfy the lady's family and not to risk denial. i've seen posts stating that they undergo religious weding rites, not filing it to the registry but still the CO got hold of the info and denied the visa.

it is clearly stated that the benificiary is single when she/he reaches US soiland that she/he'll marry the petitoiner in the US. another petition that got denied was when the benificiary applied for a marriage license, although the license was not used, still the CO denied the visa.

i hope this will enlighten your friend.

[KimandRuss 0]

i've seen posts stating that they undergo religious weding rites, not filing it to the registry but still the CO got hold of the info and denied the visa.

This is very true and should be considered. Although many people here on VJ have had 'non-legal' ceremonies and have been fine ...other's have had serious consequences for what they 'thought' or were even told was nothing.

Is it worth the risk? How lucky do you feel?