I-130 Not Filing Question

[Ergosphere 0]

Page 1, Who May Not File Form I-130?, #4

4. A husband or wife, if you and your spouse were not both physically present at the marriage ceremony, and the marriage was not consummated.

My Situation

I am a natural born US citizen.

I went on a trip to Pakistan in the middle of May.

Met my wife on May 15th and 5 days later we were engaged.

Now here's the dilemma, on June 22nd we got married, however we did it over skype. I was here at home in Pennsylvania, and she was there in Pakistan with our families and her friends. My uncle represented me in person in Pakistan for the marriage.

So in short, I was not physically present for the nikkah( marriage contract), and of course no consummation yet. The rest of the functions are planned for the beginning of January.

My question is this, can I still apply for her as a spouse? Or would it be faster for her to come here if I brought her here as a fiance'? ( Legally married in Pakistan but not US right? )

[aaron2020 11,651]

Page 1, Who May Not File Form I-130?, #4

My Situation

I am a natural born US citizen.

I went on a trip to Pakistan in the middle of May.

Met my wife on May 15th and 5 days later we were engaged.

Now here's the dilemma, on June 22nd we got married, however we did it over skype. I was here at home in Pennsylvania, and she was there in Pakistan with our families and her friends. My uncle represented me in person in Pakistan for the marriage.

So in short, I was not physically present for the nikkah( marriage contract), and of course no consummation yet. The rest of the functions are planned for the beginning of January.

My question is this, can I still apply for her as a spouse? Or would it be faster for her to come here if I brought her here as a fiance'? No. ( Legally married in Pakistan but not US right? No. You are legally married in both the US and Pakistan. There is no such thing as married in one country and not married in another.)

You've certainly created a pickle for yourself.

You are legally married. You are not free to marry another woman in the US, so you are legally married.

Read this thread on proxy marriages; http://www.visajourney.com/forums/topic/317098-proxy-marriage/

The easy route is for you to go to Pakistan and consummate the marriage, and then file for her as your spouse.

The harder route is for you to file for her as your "fiancee." The K-1 visa path is available to those who enter into a proxy marriage that has not been consummated. (This is allowed, but harder than the first option.)

9 FAM 40.1 N1.3-2 Unconsummated

(CT:VISA-1165; 03-06-2009)

A proxy marriage, that has not been subsequently consummated, does not

create or confer the status of “spouse” for immigration purposes pursuant to

INA 101(a)(35). A party to an unconsummated proxy marriage may be

processed as a nonimmigrant fiancé(e). A proxy marriage celebrated in a

jurisdiction recognizing such marriage is generally considered to be valid,

thus, an actual marriage in the United States is not necessary if such alien is

admitted to the United States under INA provisions other than as a spouse.

(See 9 FAM 41.81 N1.1.)

http://www.state.gov/documents/organization/86920.pdf

Edited July 31, 2012 by aaron2020

[aaron2020 11,651]

Page 1, Who May Not File Form I-130?, #4

My Situation

I am a natural born US citizen.

I went on a trip to Pakistan in the middle of May.

Met my wife on May 15th and 5 days later we were engaged.

Now here's the dilemma, on June 22nd we got married, however we did it over skype. I was here at home in Pennsylvania, and she was there in Pakistan with our families and her friends. My uncle represented me in person in Pakistan for the marriage.

So in short, I was not physically present for the nikkah( marriage contract), and of course no consummation yet. The rest of the functions are planned for the beginning of January.

My question is this, can I still apply for her as a spouse? No. Or would it be faster for her to come here if I brought her here as a fiance'? You can bring her to the US as a "fiancee." Faster? Maybe. ( Legally married in Pakistan but not US right? ) No. You are legally married in both the US and Pakistan. There is no such thing as married in one country and not married in another. This is why you could bring her on the K-1 visa without having to get marry in the US.

Notice a mistake. I couldn't edit. Place a "no" in the wrong spot.

[Anh map 2,098]

Page 1, Who May Not File Form I-130?, #4

My Situation

I am a natural born US citizen.

I went on a trip to Pakistan in the middle of May.

Met my wife on May 15th and 5 days later we were engaged.

Now here's the dilemma, on June 22nd we got married, however we did it over skype. I was here at home in Pennsylvania, and she was there in Pakistan with our families and her friends. My uncle represented me in person in Pakistan for the marriage.

So in short, I was not physically present for the nikkah( marriage contract), and of course no consummation yet. The rest of the functions are planned for the beginning of January.

My question is this, can I still apply for her as a spouse? Or would it be faster for her to come here if I brought her here as a fiance'? ( Legally married in Pakistan but not US right? )

Once you have gone there in January then file the I-130 spouse visa petition. It will save you lots of stress and headaches.

[Ergosphere 0]

So mainly it seems like if i havent lived with her after the marriage then i cant apply for k-3, correct?

Also someone mentioned it's harder to go the k-1 route, what's harder about it?

[Mohsin786 23]

USCIS can send you RFE they would want to see your passport stamps when your nikkah happened. i have seen recently i'm not trying to scare you. they did their nikkah even both of them were in pakistan. but girl was denied reason they didn't do their valima by mistake that girl said we planned to do it in US in the interview. so the consular told her get your walima done and then show me pics. so what i'm trying to say they might RFE since it was a telephonic nikkah or either way on Skype. because USCIS neeed to see the evidence both of you being present in the Beneficiary's country.Good luck

[Ergosphere 0]

Okay, so if i can find an affordable ticket, the best thing i should do is fly over there, live with her for a little bit, maybe re-do the nikkah, then come back and apply for a k-3 spouse?

This would take the least amount of time for her to get here right?

Also, what do you mean by RFE?

Edited July 31, 2012 by Ergosphere

[aaron2020 11,651]

Don't do the K-3. k-3 is not any faster than an I-130 for a CR-1.

If you go k-1 or k-3, you will need to adjust her status which means more fees and a 2-3 months of her not legally able to work or go to school.

With a I-130, she immediately gets a green card and can work.

The K-1 for an unconsummated marriage is harder because people may not be familiar with it. This can cause confusion which leads to delays.

Look at the CR-1 route vs. the K-1/AOS route and see which one fits your needs better.

The K-3 route requires you to go to Pakistan to consummate the marriage, file the K-3, and adjust. One more step and another fee vs. the CR-1.

[Anh map 2,098]

Okay, so if i can find an affordable ticket, the best thing i should do is fly over there, live with her for a little bit, maybe re-do the nikkah, then come back and apply for a k-3 spouse?

This would take the least amount of time for her to get here right?

Also, what do you mean by RFE?

Proxy marriages (what you had) are notoriously difficult and stressful for immigration purposes. Go there, do what's needed to have a legal marriage and obtain a marriage certificate.. And then that date is your wedding date.

[reelss 4]

Proxy marriages (what you had) are notoriously difficult and stressful for immigration purposes. Go there, do what's needed to have a legal marriage and obtain a marriage certificate.. And then that date is your wedding date.

[/quote

This.

And I agree with others, don't waste your time on the K3. Just follow the IR1 route by way of the I-130.

[Mohsin786 23]

K-3 is not longer Valid it will not proceed from NVC stage it takes longer than I-130. the fastest petition is K-1 i got my interview and 5 and half Months from day one but in order to Apply for i-129f you need to know each other for 2 years of time and met. because USCIS will ask for evidence between you people met like Passport stamps Boarding passes and etc since you got married K-1 is no longer valid now.RFE means when you send your petition to USCIS. if the officer thinks you don't have sufficient Proof to show your relationship whether in the form of documents or pictures they will send a letter to Petitioner saying them to send more evidence that is called RFE. you must got to pakistan get married make sure you have your nikkahnama registered from Nadra.

[talean nawaz 41]

K-3 is not longer Valid it will not proceed from NVC stage it takes longer than I-130. the fastest petition is K-1 i got my interview and 5 and half Months from day one but in order to Apply for i-129f you need to know each other for 2 years of time and met.You do not need to know each other for 2 years, you need to have met each other within the last 2 years. because USCIS will ask for evidence between you people met like Passport stamps Boarding passes and etc since you got married K-1 is no longer valid now.RFE means when you send your petition to USCIS. if the officer thinks you don't have sufficient Proof to show your relationship whether in the form of documents or pictures they will send a letter to Petitioner saying them to send more evidence that is called RFE. you must got to pakistan get married make sure you have your nikkahnama registered from Nadra.

[Ergosphere 0]

K-3 is not longer Valid it will not proceed from NVC stage it takes longer than I-130. the fastest petition is K-1 i got my interview and 5 and half Months from day one but in order to Apply for i-129f you need to know each other for 2 years of time and met. because USCIS will ask for evidence between you people met like Passport stamps Boarding passes and etc since you got married K-1 is no longer valid now.RFE means when you send your petition to USCIS. if the officer thinks you don't have sufficient Proof to show your relationship whether in the form of documents or pictures they will send a letter to Petitioner saying them to send more evidence that is called RFE. you must got to pakistan get married make sure you have your nikkahnama registered from Nadra.

I have the nikkahnama, its attested by the Pakistani government.

it looks like the best thing will be to go there to show that i at least lived with her for a little bit ( i hope 2 weeks or so is enough )