Evaluate Our Case Please

[thedude6752000 360]

Hello.

So I just got back from my second trip ever to India. I went to gather evidence, with some helpful tips from VJ, and now I'm back in the states and planning to file for the K1. So here's out case and here's our evidence:

We met in the summer of 2011 when I was in Lucknow with the 2011 CLS Urdu program. I had been an Arabic major in college and decided that I was interested in India after studying in Oman with the same CLS program and meeting lots of Indian folks there. We met randomly whilst I was walking in a park, then the whole love story thing happened. She is a Muslim, Pathan, and I am white. We met in July and carried on our relationship from then. I went back to the US in August and we continued to stay in contact by Skype and email etc. for 3 months, until I asked her parents for permission to marry her in November. Although Muslim her family is very well educated and live in the city so they accepted. We continued to carry on our relationship by email etc. after that. She applied for a student visa to come to the US on an English language program (she has her bachelors degree in English) but was denied. At that point I got a tourist visa to India and headed over to India for a month. I spent lots of time with her family and they all love me. We did an engagement ceremony and got well over 500 pictures, over 100 of the wedding (thanks to my American friend Tabby who brought her awesome camera to the mangani...she had studied with me on the CLS last year and had come again this year). While I was there in addition to photos I got lots of receipts, her signed letter of intent, her filled out biographical information, ticket stubs, and flight itineraries. So now I'm back in the US and trying to put it all together. I currently work at a restaurant making barely above minimum wage (the whole "can't find a job after college" phenomenon) and am currently applying everywhere I can. Nothing's bitten yet, but it is looking like I'll be able to get a very good job with the local police department, if all goes well.

As to the details about us, as I said she is Muslim Pathan and I am a white American (Greek-Irish if that matters at all, which of course it does not). Her last name is indeed Khan as were the names of both her mother and her father before marriage (they're not related though). She is older than me by slightly more than a year, her birthday is 24 August 1987 and mine is 6 December 1988. We both have bachelors degrees and are very open minded. I speak Hindi/Urdu and she speaks English (neither of us speaks the others' language close to perfectly lol though we understand each other completely), though we talk mostly in Hindi. Both of us are educated and have bachelors degrees. Both of our parents know about the relationship and approve. We have met twice in person but we have spent a total of about 3 and 1/2 months together face-to-face and we met in person, not on the internet. We have probably more than 1000 emails and tons of facebook messages and skype chats and skype calls. She has never been to the US though as mentioned she was turned down for a student visa.

Here are the red flags I see:

She's older than me (though negligibly so, and she looks like she's 18 or 19 and I look like I'm 30)

She's a Muslim

She was denied a student visa

Is there a good chance that any of this will cause us problems? Do we need more evidence or face-to-face time? Should I wait to get a better job if I apply? Will filing with a co-sponsor due to my lack of sufficient income be a problem (I was in college last year and made around $800 the whole year at a part time job)? She will be applying at the Delhi embassy and I would like to be able to fly out for her interview. Is this a good idea? If so, should I delay filing until I am sure that I'll be able to fly out for the interview?

[Jarrod&Vicky 17]

We did an engagement ceremony and got well over 500 pictures, over 100 of the wedding (thanks to my American friend Tabby who brought her awesome camera to the mangani...she had studied with me on the CLS last year and had come again this year).

I'm not who to evaluate your case but... you said wedding?? K1 Visa is a Fiance visa, if you are already married you need to file for a different one.

Just my 2 cents.

Good luck!

[X Factor 1,112]

I'm not who to evaluate your case but... you said wedding?? K1 Visa is a Fiance visa, if you are already married you need to file for a different one.

Just my 2 cents.

Good luck!

As Jarrod & Vicky pointed out was that an engagement party or a wedding party?

[Boiler 45,489]

My thought too:

planning to file for the K1

over 100 of the wedding

Strongly suggest you re read the guides.

[dwheels76 5,468]

Yes that "wedding word caught my eye for real". Also you entioned she will be filing at the New Delhi embassy. I am confused. Or do you mean when time comes she will interview there?

[dwheels76 5,468]

Is there a good chance that any of this will cause us problems? Well from what you posted there seems to be no issues with your case

Do we need more evidence or face-to-face time? 3 months is alot of face time. And if you are K1 you show you meet within the last 2 years and seeing its India more proofs ads in all thing s things you mentioned. Affidavits from both parents would be wonderful.

Should I wait to get a better job if I apply? Depends if you want to be sole sponsor or not and delya the filing.

Will filing with a co-sponsor due to my lack of sufficient income be a problem (I was in college last year and made around $800 the whole year at a part time job)? Be sure to explain if you use a co-sponsor. However I would also review The India's interview reviews and ask on their forums here how The embassy (CO's) look at C-sponsors some embassy hate them and frown on them.

She will be applying at the Delhi embassy and I would like to be able to fly out for her interview. Is this a good idea? Check the embasssy website to see if you can go inside. If not its always good moral support. I will be there for my husband but have to wait outside. A little somethin many have suggested when your love one goes in for interview give them your passport when they present their passport to CO theyt will hand over both. Alerting the CO to the fact you are outside. Can't hurt.

If so, should I delay filing until I am sure that I'll be able to fly out for the interview? Dominican Republic is the only Embassy I know of that the Petitioner is required to be there.

[thedude6752000 360]

Ouch sorry I meant engagement. We are NOT married.

[sunshine_84 11]

I don't see any problem in your case.

[catknit 144]

The biggest issue I see is that she's Muslim and you are not. The COs know the "traditional" rules when it comes to religion and culture. A huge rule for many [read: almost all] Muslims is that females don't marry out of Islam. There are a some who have [very valid] arguments as to why this rule is false - but for many, many families it is followed. This will completely peak the CO's interest. Be prepared to have her handle this question.

***Extra bonus points if she's from a truly progressive family where many close and intermediate family members have mixed marriages [ie, "Well, my bro married a Sikh, and my first cousin on my dad's side married a Buddhist, etc" - this would concretely show that in her family mixed marriages are accepted.]***

If you're going through Delhi - and I haven't a clue where Lucknow interviews - go to the interview.

[thedude6752000 360]

The biggest issue I see is that she's Muslim and you are not. The COs know the "traditional" rules when it comes to religion and culture. A huge rule for many [read: almost all] Muslims is that females don't marry out of Islam. There are a some who have [very valid] arguments as to why this rule is false - but for many, many families it is followed. This will completely peak the CO's interest. Be prepared to have her handle this question.

***Extra bonus points if she's from a truly progressive family where many close and intermediate family members have mixed marriages [ie, "Well, my bro married a Sikh, and my first cousin on my dad's side married a Buddhist, etc" - this would concretely show that in her family mixed marriages are accepted.]***

If you're going through Delhi - and I haven't a clue where Lucknow interviews - go to the interview.

No, this will be the first mixed marriage in her family. How exactly should we handle the question?

[catknit 144]

Just have her be honest and forthright with her answer. Why is she okay with marrying a non-Muslim? Maybe she is extraordinarily liberal minded and strongly feels that the woman marrying out rule is wrong. Maybe she sees religion as a very personal and private thing and has no place to judge others. Maybe she is a "cultural" Muslim and not a religious Muslim [lives the lifestyle but is at best an agnostic].

There really isn't a right or wrong answer to this...but be prepared that it may very well be asked.

Also - to follow up with the whole being at the interview thing - I totally missed your last sentence in your OP confirming that she'll be going through Delhi. Yes, I would recommend going there for the interview. Historically, Delhi allows the petitioner in for the interview and usually they are sworn in and questioned at the same time. You just need your passport to get in. It will allow you to clear up any questions the CO may have.

And, just some things I've seen over the years, typically women have an easier go at getting the visa. Not sure why, but men seem to get denied or tangled up in AP a whole lot more than women. Given she's Muslim, there is a chance she may get AP but, again, with women it appears that AP is shorter. There is a whole forum dedicated to AP here on vj. You may want to go have a little look-see at that.

[seema45 0]

Did she apply for her Student Visa before the summer of 2011? or afterwords? - Usually the Delhi Consulate is already aware of the situation. Because there may be a mark in the last page of her passport when she applied for her student visa. Since she is going to apply for a fiance visa (K1) and not married (IR1/CR1) visa, need to be prepared and anticipate questions... - All the best.

[thedude6752000 360]

Did she apply for her Student Visa before the summer of 2011? or afterwords? - Usually the Delhi Consulate is already aware of the situation. Because there may be a mark in the last page of her passport when she applied for her student visa. Since she is going to apply for a fiance visa (K1) and not married (IR1/CR1) visa, need to be prepared and anticipate questions... - All the best.

Caknit, thanks for the answer.

Seema45, we applied after. I helped her with her with the application, I live near the university she was going to go to and I knew someone who worked in the program. Will this be counted against us????????

[seema45 0]

Seema45, we applied after. I helped her with her with the application, I live near the university she was going to go to and I knew someone who worked in the program. Will this be counted against us????????

It is my observation, perception when people apply for K1 visa..... Student visa refusal may not be a problem in CR1 Visa..... But, my suggestion is to be honest and well prepared to handle the question pertains to

Student Visa refusal.. CO is experienced, well trained to connect the dots, sequence of events.... ----- Don't think I am alarming you... Each and every case is different.... I raised this question mainly to raise your

"AWARENESS" on this issue.

[usaind 3]

Ususally i have seen two common questions in most cases in indian embassies :

Why do u want to get married in US ?

Will your parents come to teh wedding and what happens if your parents cant still make it to the marriage ?

These are couple of questions , just be prepared well .. u would be fine.