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Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

Namaste and Hello everybody!

So, obviously I am new here and just starting... I am American and my fiance is Nepali, we just officially got engaged(as in set an approximate date) a few weeks ago. I was doing research on the visa process and came across this site, am wondering if there is anyone in a similar situation and how did you two deal with the red tape? Since there is no way we can get all of our families together we have decided to get married first in Nepal next summer and again in the US where we will be living... I imagine Kumar will need to get a K3 visa to join me in the US. So my first(but I imagine it won't be the last) question is do we need to do any paperwork before we get married in Nepal or does all the fun :P start afterwards? Anybody have experience with the US Consulate in Kathmandu?

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

... do we need to do any paperwork before we get married in Nepal

Read this- http://kathmandu.usembassy.gov/marriage.html

(love your screen name... c'mon, dal bhat ain't that bad!)

Dhanyabhad daai/didi! :D

Heh, I love dal bhat(fortunately for Kumar I can make it pretty well), it's just the amount served at the typical Nepali home is a bit...overwhelming... :D

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

... the amount served at the typical Nepali home is a bit...overwhelming... :D

I hear ya. I'm Bengali, we're the same way. Mountains of rice and when you finish one plate, in comes more.

Good luck with everything. Hope the link helped.

Haha, that's right - Kumar's family could go through a 20kg bag of rice in a week, and his family isn't that big... :lol:

Yes, the link is very helpful - I just forwarded it to Kumar and asked him to go to the consulate so we can get started, I guess that's the first step. It's a bit vague on what I need to do on my end, just says to consult with the Consular Office - I would hate to arrive in KTM and find out we can't get married because there was some form I should have filled out three months ago... :(

Thanks for your good wishes and take care!! :thumbs:

Filed: Timeline
Posted (edited)
Yes, the link is very helpful - I just forwarded it to Kumar and asked him to go to the consulate so we can get started, I guess that's the first step. It's a bit vague on what I need to do on my end, just says to consult with the Consular Office...

There's nothing you need to do in the US (unless you are either already married, in which case you need to get that marriage terminated, or are otherwise ineligible by US law to marry). You need to go to Kathmandu and prepare an Affidavit of Eligibility to Marry which has to be notarized by a Consular Officer at the US Embassy. There's nothing your fiance can do at this point to get the Affidavit ready. Your presence is required.

Edited by Gupt

Man is made by his belief. As he believes, so he is.

Filed: Country: United Kingdom
Timeline
Posted

Welcome :)

Since you're getting married overseas, I recommend this article for you:

http://www.visajourney.com/forums/index.ph...om&page=dcf

There are no hints on the Embassy site, but it might be worth a phone call for you.

best wishes!

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Filed: Timeline
Posted
Since you're getting married overseas, I recommend this article for you:

http://www.visajourney.com/forums/index.ph...om&page=dcf

There are no hints on the Embassy site, but it might be worth a phone call for you.

Very few American citizens are eligible to file the petition here in Kathmandu. The Embassy only will accept petitions on behalf of the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) provided that the American citizen is a current resident of Nepal, and filing the petition in the U.S. would create an undue hardship on the American citizen. It is recommended that petitioners contact the Consular Section directly to discuss the options for filing the petition.

http://kathmandu.usembassy.gov/marriage.html

Man is made by his belief. As he believes, so he is.

Filed: Country: United Kingdom
Timeline
Posted

Since you're getting married overseas, I recommend this article for you:

http://www.visajourney.com/forums/index.ph...om&page=dcf

There are no hints on the Embassy site, but it might be worth a phone call for you.

Very few American citizens are eligible to file the petition here in Kathmandu. The Embassy only will accept petitions on behalf of the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) provided that the American citizen is a current resident of Nepal, and filing the petition in the U.S. would create an undue hardship on the American citizen. It is recommended that petitioners contact the Consular Section directly to discuss the options for filing the petition.

http://kathmandu.usembassy.gov/marriage.html

I stand by my suggestion (but damn you for reading ALL the links!).

OP also has a long lead time. I wonder what it takes to become a 'current resident' of Nepal. Often, showing up is all that is required.

And, tho they seem to kill this idea in the following text, 'newlywed' has been considered an undue hardship at other posts.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Filed: Timeline
Posted
I stand by my suggestion (but damn you for reading ALL the links!).

OP also has a long lead time. I wonder what it takes to become a 'current resident' of Nepal. Often, showing up is all that is required.

meauxna,

I agree that they should call the Consulate. Their website asks to call 444-5577 to make a DCF appointment, perhaps the OP should call that same number to enquire about the option.

One point which may or may not be relevant: The USCIS office with jurisdiction over Nepal is in New Delhi, India. For I-130 applicants in India, that office requires that US citizen petitioners be resident in India and states the following (new) requirements:

U.S. citizens who wish to file an I-130 (Petition for Alien Relative) for their immediate relatives must provide evidence that they are residents of India. Proof of such residency will include a U.S. passport with an appropriate long-term, valid Indian visa and a Registration Report and Residential Permit issued by the Foreigner’s Regional Registration Office (FRRO) of the Government of India. Additional evidence should include, but is not limited to, on-going employment in India, taxes paid in India, rent/property receipts, and utility receipts in India. In most instances a finding of residency cannot be made with less than 90 days continuous presence in India.

Source: http://newdelhi.usembassy.gov/uscisi130pet.html

Same office, I'm guessing DCF requirements may be similar.

Man is made by his belief. As he believes, so he is.

Filed: Country: United Kingdom
Timeline
Posted

I stand by my suggestion (but damn you for reading ALL the links!).

OP also has a long lead time. I wonder what it takes to become a 'current resident' of Nepal. Often, showing up is all that is required.

meauxna,

I agree that they should call the Consulate. Their website asks to call 444-5577 to make a DCF appointment, perhaps the OP should call that same number to enquire about the option.

One point which may or may not be relevant: The USCIS office with jurisdiction over Nepal is in New Delhi, India. For I-130 applicants in India, that office requires that US citizen petitioners be resident in India and states the following (new) requirements:

U.S. citizens who wish to file an I-130 (Petition for Alien Relative) for their immediate relatives must provide evidence that they are residents of India. Proof of such residency will include a U.S. passport with an appropriate long-term, valid Indian visa and a Registration Report and Residential Permit issued by the Foreigner’s Regional Registration Office (FRRO) of the Government of India. Additional evidence should include, but is not limited to, on-going employment in India, taxes paid in India, rent/property receipts, and utility receipts in India. In most instances a finding of residency cannot be made with less than 90 days continuous presence in India.

Source: http://newdelhi.usembassy.gov/uscisi130pet.html

Same office, I'm guessing DCF requirements may be similar.

The whole idea behind Direct Consular Filing is that the USCIS gives Consular Officers limited powers to adjudicate I-130s locally. The USCIS Field Office overseeing the country doesn't set the policy for I-130 acceptance (residency reqs etc)--the head of the Consular Section does.

http://foia.state.gov/masterdocs/09fam/09n0200.pdf

Note that the listed exceptions are locations of USCIS Field Offices, including India. Note that Greece is on that list, too. I mistakenly thought that my petition could not be adjudicated locally & that AThens wouild have to send it to Rome. All it meant is that an INS officer adjudicated my petition and passed it over to the Immigrant Visa Unit.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

Since you're getting married overseas, I recommend this article for you:

http://www.visajourney.com/forums/index.ph...om&page=dcf

There are no hints on the Embassy site, but it might be worth a phone call for you.

Very few American citizens are eligible to file the petition here in Kathmandu. The Embassy only will accept petitions on behalf of the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) provided that the American citizen is a current resident of Nepal, and filing the petition in the U.S. would create an undue hardship on the American citizen. It is recommended that petitioners contact the Consular Section directly to discuss the options for filing the petition.

http://kathmandu.usembassy.gov/marriage.html

I stand by my suggestion (but damn you for reading ALL the links!).

OP also has a long lead time. I wonder what it takes to become a 'current resident' of Nepal. Often, showing up is all that is required.

And, tho they seem to kill this idea in the following text, 'newlywed' has been considered an undue hardship at other posts.

Oy, looks like I have a lot of research to do... Kumar had asked around and said something about having to stay in Nepal for 3 months, whether that is to establish residence or not I am unsure, will look further. :unsure:

Dhanyabad for all of your help guys! :)

 
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