Islamabad: major problem in visa status need desperate advise please K1-K3

[Awan021 0]

Salam and hello to all members.

I have a issue going on and seeks a good advice of what to do . I will explain the who case in short .

The case:

Applied for 129 fiancé visa last year in miami and my fiancé lives in Pakistan . Last week she got her 3.5 package sent back from Islamabad . After uncountable phone calls to embassy they finally answered me . According to them lady said that we have found by our "intelligence" that you are married not engaged to her so send a copy of nikkahnama(don't know why they want that at first place) and file a petition for cr1 in US. I explained her we are only engaged and asked me to call back this Friday to see what we can do ? It either will be that you can send the package back to us and 3 weeks later she will get the interview call and then she can argue with interviewer . Or you can apply for cr1 to expedite it "

The reality :

In reality I was engaged to my fiancé and filed for k1 visa . 6 months after slow process and after heavy family pressure (all Pakistani viewed would understand this ) we only did small celebration and only had nikkah done while case was in pending. She does not live with me there was no actual wedding happened at all or what not .

Secondly that nikkahnama was only signed by moulvi and others as witnesses (whole actual Islamic process) and was not sent tp count for registration or what not there is no way in the world thy know i had nikkah done (unless they do have a way that i don't know )

So problem is one of my arttorney friend here told me mostly they do that to scare you so you can accidentally agee that you are legal husband wife and live together .

Second advise i am getting is leave it as is and wait to see what happens if it gets denied it's denied apply for R1 or if she gets the visa that good for you .

Third advice i m getting is that ftell e,bassy not to send the interview letter and file a petition for I-130 here and upon approval of the case call visa center and tell the, that k1 is in process in Islamabad with valid case numbers so they know it's a legit case and can expedite the process as our intentions were absolutely not to lie to government but circumstances change. I sm a 100% law biding citizen and do everything proper and legal from day 1

So is there anyone here can give me best legal advise what should I do ? 1. Wait for the interview I'd worst comes to worst she is denied thn apply for R1 or file a petition for I-130.

Thank you so much in advance god bless and Salam

[ButtSaab 5]

SALAM

I THINK YOU SHOULD TELL THEM THE TRUTH AND FIND OUT FROM UNION COUNCIL IF MARRIAGE WAS REGISTERED ( GET A COPY OF COMPUTERIZED NIKKAHNANAMA) IT'S ONLY 200 RUPEES IF THEY GIVE YOU ONE THAT MEANS YOUR MARRIAGE WAS REGISTERED THERE YOU JUST DIDN'T KNOW ABOUT IT.

[EAbbas 213]

Even if you do Nikah You still file CR1 Visa ... a religious ceremony is still a marriage ceremony and you ARE by all accounts married! So you shot yourself by marrying when the K1 visa was being petitioned.

Withdraw the K1 and start all over with CR1 petition

They will deny the k1... look at the ppl doing engagement ceremonies that look like nikah ceremonies to them that got denied ....

It won't be expedited unless you can prove there is something to expedite. Wanting her here sooner won't be a reason they would approve.

Edited March 29, 2012 by EAbbas

[Penguin_ie 5,995]

I agree with EAbbas, who is very knowledgeable in Pakistani issues. You do not need to live together to be officially married, you just need to be married by the laws of your country, and it sounds like you are.

[mahar 0]

hello u should need to check from the union council of your region that your marriage is registerd because unregisterd marriges are illegal in pakistan and the moulvie who signed nikhanama should submitt nikhnama to the union council within few days.u check in union council and get your nikhnama from union council and Nadra and apply for K3 visa or IR1.for further information about the registration of marrige in pakistan visit www.vakilno1.com/saarclaw/pakistan/muslim_family_laws_ordinanc

[EAbbas 213]

He can't apply ir1 unless the Nikah is over two yrs and the k3 usually gets administratively closed leaving only the cr1 as the only path for visa

The cr1 is for marriages less than two years and ir1 is for marriages over two years

Edited March 29, 2012 by EAbbas

[Hope15 1]

" i m getting is that ftell e,bassy not to send the interview letter and file a petition for I-130 here and upon approval of the case call visa center and tell the, that k1 is in process in Islamabad with valid case numbers so they know it's a legit case and can expedite the process as our intentions were absolutely not to lie to government but circumstances change. I sm a 100% law biding citizen and do everything proper and legal from day 1 "

To me, this looks like the right option but I dont think it would be expedited as EAbbas said unless you have reasons for expedite. And you should follow the CR1 route as you are married to her and God forbid if your finance gets denied in the interview for k-1 petition for misrepresentation God forbid that can lead to serious consequences.

Edited March 29, 2012 by Hope15

[Sabian 4]

I would be honest with the embassy and do what they tell you to do. If you performed a nikah its still a marriage ceremony no matter how small.

[EAbbas 213]

I also agree with Hope15..if you go into the k1 interview and they already know your married (and obviously they do)... and you lie saying you aren't married you risk being not only denied the k1 but the beneficiary can be banned for life for misrepresentation as well as the petitioner in trouble too.

Basically your only option will be to just tell them the truth... you are withdrawing the k1 to pursue the CR1 spousal visa instead since you went back after filing the k1 and prior to the interview and performed the Nikah with your now spouse

Expect the new i130 CR1 process to take at least 6-8 months at USCIS and then whatever time after for interview and issuance of visa.

If ANY attorney tells you that you can pursue the k1 visa at this time then you need a much better attorney!!!

Edited March 30, 2012 by EAbbas

[Awan021 0]

Thank you so very much everyone for all the replys .

Thank you Abbas for detailed clarifications .

Update on the case is this :

She Received a email from Islamabad embassy saying that "according to our records you are married so we are sending the application back to national visa center . Have your husband file a petition I-130 n US and call NVC"

So so I guess just apply for I130 and do it right . I do have the nikahnama here in Miami also I have 2 questions of anyone can answer .

1:) Can i get the original nikkahnama in (Urdu) translated from Pakistani embassy in Chicago(my family lives there n can get it done in one day .

2:) do I have to sens nikkahnama to Karachi to be recorded in nadra system (is it mandatory)

3:) is i130 is sane thing as CR1?

Thank you everyone so much

Alhumduallah Salam

[EAbbas 213]

Thank you so very much everyone for all the replys .

Thank you Abbas for detailed clarifications .

Update on the case is this :

She Received a email from Islamabad embassy saying that "according to our records you are married so we are sending the application back to national visa center . Have your husband file a petition I-130 n US and call NVC"

So so I guess just apply for I130 and do it right . I do have the nikahnama here in Miami also I have 2 questions of anyone can answer .

1:) Can i get the original nikkahnama in (Urdu) translated from Pakistani embassy in Chicago(my family lives there n can get it done in one day .

2:) do I have to sens nikkahnama to Karachi to be recorded in nadra system (is it mandatory)

3:) is i130 is sane thing as CR1?

Thank you everyone so much

Alhumduallah Salam

start with this guide

http://www.visajourney.com/content/i130guide1

We did have our nikah registered with NADRA you don't have to but i would recommend it

THey will need a translation but you can do it here in the states im sure...

Just be sure to get copies of the originals and have them notarized in case anything happens to originals and do not send originals to USCIS you will need them for NVC

Edited March 30, 2012 by EAbbas