IN MAJOR DILEMMA, plz help...help...help and help.

[skiptex 225]

I think you mean that if the marriage is not recognized by Indian law, the husband should still be eligible to apply for a fiancee visa. If that's what you mean, then you're wrong. I covered this already. In India, if they had a marriage ceremony, they are too married for a fiancee visa, legal or not. If they have no legal marriage certificate then they are too married for a K1 and not married enough for a spouse visa. It's a "Catch 22" situation.

If they have or can obtain the marriage certificate, all is well. In either event, K1 is not an option.

i concur

[Oksana & Max 94]

Thanks for your replies to my previous post under the same Title. Just wanted to clarify couple of points here. First of all I am a very proud US citizen holding a crystal clear record of my professional, social, and personal life (even for my driving record). I feel my post has created some negative replies. So in need of that I am clarifying couple of points here.

1. My marriage was not pre-planned as I had not even met the person. So, it was rather spontaneous decision. The plan was to visit India, meet up the person, and come back and think of marriage in near future here, as all of my side of family resides here. But since his side of family would not be able to travel here they insisted on a little ceremony there, which consisted of only 6 people. My family was here, they didn't flew there for it.

2. Per the reply # 4 by "pushbrk", you are 100% right. In fact, I was not able to register my marriage there. As it is consider too small by the law. So, I was NOT able to obtain any "Marrige-certificate".

I hope this makes sense. So, per the legal advice there I was told this is not considered marriage. So, I hope now you see the major dilemma I am in.

Thanks.

While you were not being able to obtain a "marriage certificate". As it was pointed out in the previous post. You are in the limbo. You are not elligible for K-1 as the ceremony took place. But you don't have marriage certificate to apply for CR-1. So get a marriage certificate and apply for CR-1.

There is no dilemma, and this is what you have to do, if you want to be together.

[OnMyWayID 1,489]

Hi Everyone,

I am new to the Visa Journey site and the process as well. So, plz your guidance will be appreciated. Here are my questions. Thanking you all in advance for reading this post, but I seriously need help. So, urging you to read it all the way.

I am a US CITIZEN and married an Indian Citizen in India last month, whom I knew for about 1 year before marriage on long distance scale. I went to India to meet him for the 1st time and in 3 weeks we had very little and a personal wedding ceremony there. Now I am back in the States and would like to file. I went through and read about K1/K3/IR1-CR1 forums to understand the categories.

Hi.. Welcome to VJ

A couple of things here:

1) K-1 is not an option.. You are married. If you try to pull one over on the government to shave off a month it could cost your husband a life-time ban. Take it off the table.

2) Unfortunately there are no magic/secret ways through the spousal visa process. There are thousands of us on here that are going through it and if there was some form to fill out or call to make or lawyer to be paid to push it through faster most of us would have gone that route. The best thing you can do is get the process started - get the paperwork and forms needed, mail them in, and get the countdown clock ticking.

3) This is not a major dilemma. I know it feels like one, we were all there at one point and felt the same thing... Set up for video conferencing and daily communication... You mentioned money is no problem so plan a couple of visits during the process and break the waiting time into manageable increments instead of one chunk.

4) Approvals have been going through much faster lately through USCIS and NVC has made progress on its back-log,, There are people right behind me in getting their interview that started months after. This fluctuates of course but right now the times are shorter.

[Penguin_ie 5,993]

***** follow-up merged with original topic *****

[pushbrk 12,763]

Thanks for your replies to my previous post under the same Title. Just wanted to clarify couple of points here. First of all I am a very proud US citizen holding a crystal clear record of my professional, social, and personal life (even for my driving record). I feel my post has created some negative replies. So in need of that I am clarifying couple of points here.

1. My marriage was not pre-planned as I had not even met the person. So, it was rather spontaneous decision. The plan was to visit India, meet up the person, and come back and think of marriage in near future here, as all of my side of family resides here. But since his side of family would not be able to travel here they insisted on a little ceremony there, which consisted of only 6 people. My family was here, they didn't flew there for it.

2. Per the reply # 4 by "pushbrk", you are 100% right. In fact, I was not able to register my marriage there. As it is consider too small by the law. So, I was NOT able to obtain any "Marrige-certificate".

I hope this makes sense. So, per the legal advice there I was told this is not considered marriage. So, I hope now you see the major dilemma I am in.

Thanks.

You need to obtain a marriage certificate. Do whatever is required to do so, even if it means another trip to India. K1 is not an option for you.

This is the circumstance I described. You are too married for a K1 and not married enough for a spouse visa.

Please keep all your discussion in the same thread. While you may not be pleased to read these answers, people are not being negative. They are helping you understand what you need to do and why.

Edited October 21, 2011 by pushbrk

[Gosia & Tito 199]

Thanks for your replies to my previous post under the same Title. Just wanted to clarify couple of points here. First of all I am a very proud US citizen holding a crystal clear record of my professional, social, and personal life (even for my driving record). I feel my post has created some negative replies. So in need of that I am clarifying couple of points here.

1. My marriage was not pre-planned as I had not even met the person. So, it was rather spontaneous decision. The plan was to visit India, meet up the person, and come back and think of marriage in near future here, as all of my side of family resides here. But since his side of family would not be able to travel here they insisted on a little ceremony there, which consisted of only 6 people. My family was here, they didn't flew there for it.

2. Per the reply # 4 by "pushbrk", you are 100% right. In fact, I was not able to register my marriage there. As it is consider too small by the law. So, I was NOT able to obtain any "Marrige-certificate".

I hope this makes sense. So, per the legal advice there I was told this is not considered marriage. So, I hope now you see the major dilemma I am in.

Thanks.

If you are absolutely, positively, 100% sure that what you described as marriage is not considered/registered as marriage in India, then you are not married. I'm not familiar with India laws, but not sure how you would have a marriage ceremony and not being married after it, regardless of "size". Maybe this is just my "westerner view" and for that I apologize.

"Considered" and recorded/registered are two different things. I know Indian weddings are usually big events (being to a good friend of mine and it took 2-3 days for the entire evernt) and while family/people might not considered this a marriage, what matters here is whether the government in India does. If the requisites of the law were fulfilled, then you would be able to register. Make sure that it is not that people are saying "cannot be register".

I never heard of size of wedding being a requirement...but again....maybe the "westerner view"; perhaps other members that are more knowledgeable of India laws can post here.

In your case, seems you could do K-1 but the embassy might see it different, so I'd say to be prepared to demonstrate that you are not married (if such a thing as a not-married certificate is possible from the government).

On the other side, to work a CR-1, a marriage cert needs to be produced.

I think it would be worth to spend some $ with an immigration attorney that understands India laws to make sure. I'm sure that there are Hindu-origin attorneys stateside that can provide that advice. Immigration law is federal so it does not matter where the attorney is or where do you live.

[pushbrk 12,763]

If you are absolutely, positively, 100% sure that what you described as marriage is not considered/registered as marriage in India, then you are not married. I'm not familiar with India laws, but not sure how you would have a marriage ceremony and not being married after it, regardless of "size". Maybe this is just my "westerner view" and for that I apologize.

"Considered" and recorded/registered are two different things. I know Indian weddings are usually big events (being to a good friend of mine and it took 2-3 days for the entire evernt) and while family/people might not considered this a marriage, what matters here is whether the government in India does. If the requisites of the law were fulfilled, then you would be able to register. Make sure that it is not that people are saying "cannot be register".

I never heard of size of wedding being a requirement...but again....maybe the "westerner view"; perhaps other members that are more knowledgeable of India laws can post here.

In your case, seems you could do K-1 but the embassy might see it different, so I'd say to be prepared to demonstrate that you are not married (if such a thing as a not-married certificate is possible from the government).

On the other side, to work a CR-1, a marriage cert needs to be produced.

I think it would be worth to spend some $ with an immigration attorney that understands India laws to make sure. I'm sure that there are Hindu-origin attorneys stateside that can provide that advice. Immigration law is federal so it does not matter where the attorney is or where do you live.

It's much more helpful if you read previous responses. K1 is out of the question for these folks.

[Deputy Purple 1,294]

I never heard of size of wedding being a requirement...but again....maybe the "westerner view"; perhaps other members that are more knowledgeable of India laws can post here.

And this is exactly why VJ Members shouldn't be talking about Embassy specific issues in countries that they don't know.

While I've never been through the process in India I have seen more than 5 threads where the OP was't able to obtain either a K-1 or CR-1 Visa for the exact same situation as this OP.

We all want to be helpful but telling people things that we simply don't know about actually does more harm than good as it confuses the situation.

[Madhavi 1]

I think your case is more complicated - especially if you haven't met your husband before the marriage. I remember when filing for either spouse or fiance visa (k3/k1) they asked for circumstances of if you have met each other before marriage and all that.

If you don't have evidence to prove that, I think there is a strong possibility they will consider this marriage as fraud and done for immigration purposes.

Just make sure you have that covered for whatever visa you chose to apply for like pictures, emails, affadivits of people who know of your relationship (preferably non family) and who were there for the ceremony etc.

Because of that, it is better to just file for your marriage in India and then file for a K3. Just because I don't think you should risk the whole fiance route especially when you weren't really engaged or had a courtship period.

I had a similar dilemma. My husband is American and I am Canadian. After our courtship for 8 months we got engaged. We weren't sure if we should go through the fiance route to go to the US or the marriage route. Our friends who went through similar situation recommended K3 route to us. So we got legally married in Toronto - a small, intimate family ceremony and applied for a K3. We are doing a full Hindu marriage ceremony later this year. So according to the law, we are married and we use that in all our forms. But our formal religious marriage ceremony is only later this year.

Hope that helps and good luck!

[Harsh_77 716]

Thanks for your replies to my previous post under the same Title. Just wanted to clarify couple of points here. First of all I am a very proud US citizen holding a crystal clear record of my professional, social, and personal life (even for my driving record). I feel my post has created some negative replies. So in need of that I am clarifying couple of points here.

1. My marriage was not pre-planned as I had not even met the person. So, it was rather spontaneous decision. The plan was to visit India, meet up the person, and come back and think of marriage in near future here, as all of my side of family resides here. But since his side of family would not be able to travel here they insisted on a little ceremony there, which consisted of only 6 people. My family was here, they didn't flew there for it.

2. Per the reply # 4 by "pushbrk", you are 100% right. In fact, I was not able to register my marriage there. As it is consider too small by the law. So, I was NOT able to obtain any "Marrige-certificate".

I hope this makes sense. So, per the legal advice there I was told this is not considered marriage. So, I hope now you see the major dilemma I am in.

Thanks.

There is no such thing as a small marriage, did you have 3 or more guest in your wedding?

In India to be married in civil ceremony that is all is required you need 3 witness.

Now if you did not register the marriage for whtever reason is a different story. It is still not late your spouse in India can register your marriage and he should be able to obtain a marriage certificate.

You cannot file for K1 as you are already married, doing so and getting caught can lead you into many many more problems such as mis-representation.

K3 was stopped as far as I was aware, could be wrong on this one... so only option you have is filing for CR1 as per me which is the best and cleanest option.

[Casprd 167]

As pushbrk said, India is a unique country where you can fall in to a limbo and be legally married but the VO will look at how you were married and decide it wasn't enough but at the same time by being legally married you loose out on the K-1 spouse visa. It is a catch 22 but your best bet IMO is to do everything possible to get the marriage certificate and have the marriage recognized in India. The CR-1 visa is not any slower than a K-1 and in many instances, the CR-1 gets approved where a K-1 wouldn't.

[NY_BX 397]

Thanks for your replies to my previous post under the same Title. Just wanted to clarify couple of points here. First of all I am a very proud US citizen holding a crystal clear record of my professional, social, and personal life (even for my driving record). I feel my post has created some negative replies. So in need of that I am clarifying couple of points here.

1. My marriage was not pre-planned as I had not even met the person. So, it was rather spontaneous decision. The plan was to visit India, meet up the person, and come back and think of marriage in near future here, as all of my side of family resides here. But since his side of family would not be able to travel here they insisted on a little ceremony there, which consisted of only 6 people. My family was here, they didn't flew there for it.

2. Per the reply # 4 by "pushbrk", you are 100% right. In fact, I was not able to register my marriage there. As it is consider too small by the law. So, I was NOT able to obtain any "Marrige-certificate".

I hope this makes sense. So, per the legal advice there I was told this is not considered marriage. So, I hope now you see the major dilemma I am in.

Thanks.

It has already been said, over and over again, that K-1 is not for you. Thousands make this mistake: they do a symbolic, religious, small ceremony in hopes their families will witness their love and end up being "married." You can't do that, period. It is a wedding. You're married. With or without a certificate. So, is better to get the certificate and apply.

The issue you're responding to is the pre-planned wedding. You must understand that your record has nothing to do with what the CO's view will be. There's a set of "informal rules" when falling in love with someone from another country. One of those rules is simple: NEVER marry in the first meeting, ever. Even if its as spontaneous as a drive-thru wedding in Vegas, NEVER marry in the first meeting; no matter how much love and desire come out from your pores. That is almost a stamp that your marriage is fraudulent. Remember, this is not my opnion, so I apologize if I sound extremely harsh. The CO more than likely will grill you or your spouse at the interview. At this point, the advice is not which visa to apply for. Marriage visa, period. The advice is to be very prepared to prove your marriage is bonafide. I have no doubts it is. But you must convince a Consular. So, save all your emails, all daily communications, all proof of your visits, etc.

Good luck!

[jac_chappin 24]

OP -

As many have said, the CR1 is your only hope but the certificate is needed.

You might not like the points below but they are reality:

1. No visa is guaranteed whether k-1 or CR1. Don't fall into this trap. As I understand, India is a touch place to get visa so you have to be prepared.

2. The visa process is not fast so you have to mentally get ready to wait at least 10 months.

3. The whole process is emotionally draining and very frustrating

Best wishes!

[pushbrk 12,763]

It has already been said, over and over again, that K-1 is not for you. Thousands make this mistake: they do a symbolic, religious, small ceremony in hopes their families will witness their love and end up being "married." You can't do that, period. It is a wedding. You're married. With or without a certificate. So, is better to get the certificate and apply.

The issue you're responding to is the pre-planned wedding. You must understand that your record has nothing to do with what the CO's view will be. There's a set of "informal rules" when falling in love with someone from another country. One of those rules is simple: NEVER marry in the first meeting, ever. Even if its as spontaneous as a drive-thru wedding in Vegas, NEVER marry in the first meeting; no matter how much love and desire come out from your pores. That is almost a stamp that your marriage is fraudulent. Remember, this is not my opnion, so I apologize if I sound extremely harsh. The CO more than likely will grill you or your spouse at the interview. At this point, the advice is not which visa to apply for. Marriage visa, period. The advice is to be very prepared to prove your marriage is bonafide. I have no doubts it is. But you must convince a Consular. So, save all your emails, all daily communications, all proof of your visits, etc.

Good luck!

See bold above.

There is no such informal rule that you never marry on the first visit. I know many who have including myself, the man who married my wife's sister and numerous others from MANY countries including India. It IS true that sometimes getting married on the first visit is ONE of the things LISTED among others as factor in finding against a bona fide marriage but it is just one factor among several. The issue is easily overcome when people actually LIVE a bona fide relationship and show evidence that they do, including being well prepared for the interview.

[Deputy Purple 1,294]

There is no such informal rule that you never marry on the first visit. I know many who have including myself, the man who married my wife's sister and numerous others from MANY countries including India. It IS true that sometimes getting married on the first visit is ONE of the things LISTED among others as factor in finding against a bona fide marriage but it is just one factor among several. The issue is easily overcome when people actually LIVE a bona fide relationship and show evidence that they do, including being well prepared for the interview.

I married my wife less than a week after our first in person meeting, we had only known each other 3 months before I got on the plane...