Filing for K1 after nikah in Pakistan

[Myopia 93]

I appreciate all the replies regarding my post. Things are still a little confusing because of some contradicting statements.

I guess my best bet is to have civil marriage or nikah again and file for spousal visa after that. Do I have to be present in Pakistan for that or will US recognize over phone marriage?

Thanks

1. The Pakistani Marriage is invalid for immigration purposes.

You can not use the date of marriage for immigration purposes.

You can not legally marry your wife under us law (that you are subject to) until your current marriage is dissolved.

The USCIS will not recognize your marriage in Pakistan because even if you argue that it is legal at the time that it was conducted in Pakistan, it directly contradicts US public policy and it will not be recognized.

2. The Pakistani marriage is a void marriage to the USCIS.

3. The US doesnt recognize unconsummated proxy marriages. There was a law specially created for the japanese widow of a fallen soldier but this law is specific and wont apply to you.

You can marry her by proxy and file for a K1 visa. This is acceptable.

4. As the subsequent marriage is void then you will have to remarry her again. How that is done in Pakistan with the legal documents that you already have is up to the Pakistani process.

[Adzy 0]

1. The Pakistani Marriage is invalid for immigration purposes.

You can not use the date of marriage for immigration purposes.

You can not legally marry your wife under us law (that you are subject to) until your current marriage is dissolved.

The USCIS will not recognize your marriage in Pakistan because even if you argue that it is legal at the time that it was conducted in Pakistan, it directly contradicts US public policy and it will not be recognized.

2. The Pakistani marriage is a void marriage to the USCIS.

3. The US doesnt recognize unconsummated proxy marriages. There was a law specially created for the japanese widow of a fallen soldier but this law is specific and wont apply to you.

You can marry her by proxy and file for a K1 visa. This is acceptable.

4. As the subsequent marriage is void then you will have to remarry her again. How that is done in Pakistan with the legal documents that you already have is up to the Pakistani process.

That leads me to believe that i can easily file for K1 after my divorce as i had planned. If the marriage is not recognized, then there shouldn't be any problem.

[LoveMyMiky 35]

Just as a matter of reference to get a divorce in the US in 30 days may be considered magic. Obviously this all depends on what state and county you reside, if it is contested by your current spouse, if there are children involved, the amount of assets and division, etc. Judges in many areas will not even put the prelim on the docket until 30 days after a petition has been filed. Below are 2 State examples.

Michigan: “If there are no children involved, a divorce may be granted in 60 days. When children are involved, a divorce cannot be granted until six months have passed. It should be stressed that these are minimum statutory times. More often than not, doubling that time would be more appropriate, based on the level of contention, the court docket, and many other factors”.

California: "While California has a six-month waiting period for divorces, your case will not necessarily be resolved within six months. The California divorce timeline for simple cases can often be finished in less than six months and complicated cases could take several years to complete. The point of the six-month waiting period is that it’s the earliest point at which the court can restore your status as a single person. You cannot remarry or file taxes separately until the court has granted your request to have your status restored as a single person. Nothing automatically happens in six months".

[Adzy 0]

Just as a matter of reference to get a divorce in the US in 30 days may be considered magic. Obviously this all depends on what state and county you reside, if it is contested by your current spouse, if there are children involved, the amount of assets and division, etc. Judges in many areas will not even put the prelim on the docket until 30 days after a petition has been filed. Below are 2 State examples.

Michigan: “If there are no children involved, a divorce may be granted in 60 days. When children are involved, a divorce cannot be granted until six months have passed. It should be stressed that these are minimum statutory times. More often than not, doubling that time would be more appropriate, based on the level of contention, the court docket, and many other factors”.

California: "While California has a six-month waiting period for divorces, your case will not necessarily be resolved within six months. The California divorce timeline for simple cases can often be finished in less than six months and complicated cases could take several years to complete. The point of the six-month waiting period is that it’s the earliest point at which the court can restore your status as a single person. You cannot remarry or file taxes separately until the court has granted your request to have your status restored as a single person. Nothing automatically happens in six months".

Divorce is uncontested and there are children involve.

[Myopia 93]

That leads me to believe that i can easily file for K1 after my divorce as i had planned. If the marriage is not recognized, then there shouldn't be any problem.

You will have to do a NEW nikah by proxy if thats the way you want to go AFTER the divorce is finalized.

You can file a K1 with your then wife but the nikah by proxy wont allow you to bring her over using the CR1 process.

So yea you can but remember once you bring her on the K1, you will have to marry her in the USA.

Edited February 24, 2011 by Myopia

[Harsh_77 716]

Does US recognize nikah as marriage? Thought a person had to be legally married here.

Yes - ppl file for CR1 based on nikah.

For your culture thats accepted as wedding and USCIS repescts that.

[Utha 10]

I appreciate all the replies regarding my post. Things are still a little confusing because of some contradicting statements.

I guess my best bet is to have civil marriage or nikah again and file for spousal visa after that. Do I have to be present in Pakistan for that or will US recognize over phone marriage?

Thanks

Once u got Final Divorce Decree, you could file K1 or CR1. See the plus and minus of that kind of visa here: http://www.visajourn...content/compare

One thing you should remember; if you file for K1, never mention your nikah that u just had.

If you file CR1 then you have to back to Pakistan and perform a registered marriage again. I believe present yourself there is more proper than just on the phone.

Dont get confuse. Just finish your divorce first.

Edited February 24, 2011 by Utha

[Adzy 0]

Once u got Final Divorce Decree, you could file K1 or CR1. See the plus and minus of that kind of visa here: http://www.visajourn...content/compare

One thing you should remember; if you file for K1, never mention your nikah that u just had.

If you file CR1 then you have to back to Pakistan and perform a registered marriage again. I believe present yourself there is more proper than just on the phone.

Dont get confuse. Just finish your divorce first.

Thanks alot .. thats what i was thinking of doing. My only concern is that they might find out that we had nikah when they do background check on my wife.

[pushbrk 12,801]

I appreciate all the replies regarding my post. Things are still a little confusing because of some contradicting statements.

I guess my best bet is to have civil marriage or nikah again and file for spousal visa after that. Do I have to be present in Pakistan for that or will US recognize over phone marriage?

Thanks

I'll tell you for the third time. You must "go to Pakistan" and have a civil marriage". This is a minimum requirement. It does not solve the problem of having a Nikah when already married.

That leads me to believe that i can easily file for K1 after my divorce as i had planned. If the marriage is not recognized, then there shouldn't be any problem.

The problem is that the above poster is simply wrong about the K1 part of their assessment. I already told you, you're too married (Nikah) for a fiancee visa.

[pushbrk 12,801]

Thanks alot .. thats what i was thinking of doing. My only concern is that they might find out that we had nikah when they do background check on my wife.

You need to stop being concerned whether they will find out. They WILL find out. Be concerned about the actual TRUTH. You have a consummated marriage with the Pakistan woman prior to obtaining a divorce. You do NOT have a fiancee anymore. The K1 visa is out of the question FOREVER in this relationship. Unfortunately, you're getting confusing responses from people who are NOT considering the totality of your circumstances.

Get a divorce. Go to Pakistan and obtain a civil marriage that occurs AFTER you are free to marry. Then, pursue a CR1 visa. BE TRUTHFUL in everything you do from this point forward and you'll still be taking your chances at the interview. Does your new wife know you were married when you did the Nikah and consummated the marriage with her? If so, she needs to be truthful. If not, you need to be truthful with her, TODAY, and help prepare her to deal with that truth from today forward, specifically in any dealings with the Consulate.

[Utha 10]

You need to stop being concerned whether they will find out. They WILL find out. Be concerned about the actual TRUTH. You have a consummated marriage with the Pakistan woman prior to obtaining a divorce. You do NOT have a fiancee anymore. The K1 visa is out of the question FOREVER in this relationship. Unfortunately, you're getting confusing responses from people who are NOT considering the totality of your circumstances.

Get a divorce. Go to Pakistan and obtain a civil marriage that occurs AFTER you are free to marry. Then, pursue a CR1 visa. BE TRUTHFUL in everything you do from this point forward and you'll still be taking your chances at the interview. Does your new wife know you were married when you did the Nikah and consummated the marriage with her? If so, she needs to be truthful. If not, you need to be truthful with her, TODAY, and help prepare her to deal with that truth from today forward, specifically in any dealings with the Consulate.

Pushburk more educated about it, so listen to him.

1. Get your divorce.

2. Go to Pakistan and obtain a Civil Marriage.

3. File CR1.

Edited February 25, 2011 by Utha

[EAbbas 213]

Pushburk more educated about it, so listen to him. Finish your divorce. File CR1. Let your Paki wife know about the process.

I agree...I know it isn't waht you wanted to hear but USCIS will know everything so don't move forward until you can correct this...then take care of the divorce...go back to pakistan and do a civil ceremony with a new date with new papers...file CR1 visa and then you may still have issues but at least now you aren't so far in you can't correct them....good luck to you...

[pushbrk 12,801]

I agree...I know it isn't waht you wanted to hear but USCIS will know everything so don't move forward until you can correct this...then take care of the divorce...go back to pakistan and do a civil ceremony with a new date with new papers...file CR1 visa and then you may still have issues but at least now you aren't so far in you can't correct them....good luck to you...

Actually, USCIS will NOT know everything but eventually the Consulate WILL. I cannot predict how they'll deal with the plural marriage issue resulting from the early Nikah. What I AM sure of is that any OTHER option will end in failure, plus the potential of a lifetime ban from the USA for the foreign spouse.

This is not some process where you can pay some extra to an official to look the other way. US immigration officials take their jobs VERY seriously. The first step here is to fully embrace truth telling. Failure to do so will bring grave consequences.

Edited February 25, 2011 by pushbrk

[Myopia 93]

I'll tell you for the third time. You must "go to Pakistan" and have a civil marriage". This is a minimum requirement. It does not solve the problem of having a Nikah when already married.

The problem is that the above poster is simply wrong about the K1 part of their assessment. I already told you, you're too married (Nikah) for a fiancee visa.

You are dead wrong. His nikkah is not valid for immigration purposes. Not valid and he cant use it. He can mention it if he wants but he can not use it in any way, shape or form when it comes to the immigrant visa so how is he "too married". The USCIS will not even allow that nikkah to be used because, again, it is in conflict with public laws that do not allow plural marriage. He is married legally in Pakistan and he wont have a problem in Pakistan but he wont be able to immigrate based on this.

To the OP there is a case of a man who was married in his own country to a second wife and the court clearly said that this second marriage violated public policy and is viewed as invalid.

Fact 1- You are not free to remarry because you are still married.

Fact 2- You can have 2 more nikkahs in this interim time and it will not make those nikkahs valid for USCIS purposes.

Fact 3- Everyone that is telling you that you can file a CR1 based on this Pakistani nikkah is incorrect. Please do not file anything based on being "too married" yes you are "two married" but not for Immigration purposes, Dont spend all that money to be denied because of fact #1 and #2.

[Myopia 93]

You need to stop being concerned whether they will find out. They WILL find out. Be concerned about the actual TRUTH. You have a consummated marriage with the Pakistan woman prior to obtaining a divorce. You do NOT have a fiancee anymore. The K1 visa is out of the question FOREVER in this relationship. Unfortunately, you're getting confusing responses from people who are NOT considering the totality of your circumstances.

Get a divorce. Go to Pakistan and obtain a civil marriage that occurs AFTER you are free to marry. Then, pursue a CR1 visa. BE TRUTHFUL in everything you do from this point forward and you'll still be taking your chances at the interview. Does your new wife know you were married when you did the Nikah and consummated the marriage with her? If so, she needs to be truthful. If not, you need to be truthful with her, TODAY, and help prepare her to deal with that truth from today forward, specifically in any dealings with the Consulate.

Its not a marriage for USCIS purposes. The man who married a wife in NY state went to Nigeria and married a young girl there as a second wife. It was solemnized in Nigeria and consummated. When he brought the wife to the US on a non immigrant visa, he was arrested for rape of a minor. When he went to court to argue that the marriage was valid in Nigeria, the court rejected that marriage because it violated public policy. The policy being that a man can not be married to two women at the same time.

Pakistan allows plural marriage. It is legally allowed so the Pakistani authorities won't have a problem in allowing the OP to marry again even without a divorce from the first wife.

Again how is someone married for USCIS purpose when the marriage is not recognized in the US. He should tell the truth..there is no need to lie but he needs proper information not just opinions.

Edited February 25, 2011 by Myopia