k-1 ? or not? London or Pakistan?

[Gulabjamun 0]

My fiance is a Pakistani Citizen, but he lives in London right now on a visa for school and has been there for 2 years. We met there while I was on a vacation to London and we had a religious marriage ceremony... (Islamic Marriage) The marriage was not filed at any official office, or stamped by any embassy. However we have now sent the marriage certificate to Pakistan (to his father) and he is getting it attested by the Ministry of foreign affairs. My first question is will they consider us married and we will have to file the spousal visa.. or is k-1 ok since it was a religious marriage?? Second question is; I am confused, If it is ok that we file the k-1 visa and my fiancé will be able to have his correspondence take place at the US embassy in UK? Or if he needs to travel back to Pakistan (since its his place of citizenship) before they will even process our k-1 petition?

[Pitaya 2,577]

~Moved from K-1 Process to Which Visa Do I Need Forum~

~Visa-type inquiry~

[britishdakota 18]

Regarding marriage as I understand from the visa process all that matters is if it is a legal marriage. From the UK's point of view it sounds like it was not legal as you did not register the marriage; if the marriage is attested will you be legally married in Pakistan?

[Gulabjamun 0]

Yes, once the marriage certificate is attested and stamped by Pakistan embassy/ ministry of foreign affairs, then it will be a recognized marriage there. We are doing that so that I can obtain an id card from pak and be able to travel there without needing a visa. However we didn't marry there and I have not travelled there before... Neither of us will be present in pakistan as it gets attested.... My other question was if its ok to start the k-1 process even though he is in UK on student visa? Can he complete the process from a country which he is currently on a visa ?

[Cathi 5,755]

you are not eligible for a k-1, you must file an 1-130 for cr1.

Regarding marriage as I understand from the visa process all that matters is if it is a legal marriage. From the UK's point of view it sounds like it was not legal as you did not register the marriage; if the marriage is attested will you be legally married in Pakistan?

they signed an Islamic marriage contract, it is legal and binding as a marriage. They are not eligible for a k-1

[britishdakota 18]

they signed an Islamic marriage contract, it is legal and binding as a marriage. They are not eligible for a k-1

Thanks for clarifying, as I said in the UK it must be registered but I guess attesting completes the process.

Anyway when you petition for an alien relative by filing form I-130 it will be dealt with in the USA as you can only file at the consulate if you (the USC) are a resident of that country. When it comes to the beneficiaries interview and such that will be at the consulate where he lives. The process can take a while to get there at the moment it could be as long as 12 months, so if he will still be living in the UK in 12 months time his interview will be there.

[Carie_Azan 35]

you are not eligible for a k-1, you must file an 1-130 for cr1.

they signed an Islamic marriage contract, it is legal and binding as a marriage. They are not eligible for a k-1

She's right - do not even waste your time on a K-1. Married is Married to Immigration.

[Gulabjamun 0]

ok. but just to clarify.. THE MARRIAGE CONTRACT is just a piece of paper.... signed by me, him, and an Imam (religious leader) It was not filed, stamped or seen by anyone in usa or UK... and I was on a tourist visa in London (not legal to marry) I just want to be sure as I don't want to waste my time or money on either process. Also Does that 'legal and binding' mean that if either of us have had an Islamic marriage before (unfiled) we will need a divorce decree???

[aamirpearl 47]

My fiance is a Pakistani Citizen, but he lives in London right now on a visa for school and has been there for 2 years. We met there while I was on a vacation to London and we had a religious marriage ceremony... (Islamic Marriage) The marriage was not filed at any official office, or stamped by any embassy. However we have now sent the marriage certificate to Pakistan (to his father) and he is getting it attested by the Ministry of foreign affairs. My first question is will they consider us married and we will have to file the spousal visa.. or is k-1 ok since it was a religious marriage?? Second question is; I am confused, If it is ok that we file the k-1 visa and my fiancé will be able to have his correspondence take place at the US embassy in UK? Or if he needs to travel back to Pakistan (since its his place of citizenship) before they will even process our k-1 petition?

Their Islamic Marriage Center supose to be registerd with goverment in order to send in the Nikah Nama. btw dont even think abt K-1 since ur married religiouse marriage is same as civil marriage so you cant think to file K-1 it considerd as a fraud

[aamirpearl 47]

ok. but just to clarify.. THE MARRIAGE CONTRACT is just a piece of paper.... signed by me, him, and an Imam (religious leader) It was not filed, stamped or seen by anyone in usa or UK... and I was on a tourist visa in London (not legal to marry) I just want to be sure as I don't want to waste my time or money on either process. Also Does that 'legal and binding' mean that if either of us have had an Islamic marriage before (unfiled) we will need a divorce decree???

ok. but just to clarify.. THE MARRIAGE CONTRACT is just a piece of paper.... signed by me, him, and an Imam (religious leader) It was not filed, stamped or seen by anyone in usa or UK. so no witnesses?well this isnt even a n islamic marriage style, nd if its just a regular white paper thn it has no value cant be recognised as a proper nikah nama. I hope previouse marriage wasnt like this too

[Gulabjamun 0]

Yes, there were 2 witnesses and a wali for me... It was definitely an Islamic contract (we are halal to be together) But yes it is on a white piece of paper with nothing legally saying that it is a civil or registered marriage. That is why I think we still qualify for the k-1 visa. I did have one lawyer tell me that we still qualify for k-1 and that the uscis will not care about this and will consider it similar to engagement. ... Also, yes the previous marriage I am speaking of was also just nikah and not registered, so will we need a divorce decree for that one?

[Happytobe 164]

You are too married for the K-1 and (until the certification is complete) you're not married enough for the CR-1. If the US government finds out about the previous nikkah they will have issue on that as it is the same "too much but not enough" and yes they could want a divorce decree. At least this is my understanding from previous situations I have seen posted on VJ over the years. Try the advanced search option to find some of those posts. Good luck!

[Boiler 45,531]

How much longer will he be studying in the UK?

[Girl from Celebes 588]

ok. but just to clarify.. THE MARRIAGE CONTRACT is just a piece of paper.... signed by me, him, and an Imam (religious leader) It was not filed, stamped or seen by anyone in usa or UK. so no witnesses?well this isnt even a n islamic marriage style, nd if its just a regular white paper thn it has no value cant be recognised as a proper nikah nama. I hope previouse marriage wasnt like this too

I had friend in Indonesia. She was married to her then-boyfriend which is called nikah mut'ah or marriage contract. They were married to avoid zina because in Islam, they are not recognise what it calls dating. Only needs Imam, 2 witnesses, groom and bride to be.

I am not sure if the OP marriage is according to shiah or not. It means, nikah mut'ah is not registered in any Islamic Marriage Office or Civil Office which is means no legal binding over it. But, I am not sure which is visa would be suit for her. Maybe someone would come up here and shed a light of this.

[Gulabjamun 0]

His visa for uk will expire april 2014.

His visa for uk will expire april 2014.