Looking for advice - US citizen engaged to Indian

[tim626 0]

Hello,

Let me apologize in advance for not being very familiar with the process. I'll explain my situation, along with what I learned from my consultation with an immigration lawyer. I'm a bit befuddled at the moment, and can use some direction.

I am a US citizen living and working in the UAE. I met my girlfriend/fiancee here last year. She is from India, and is also in UAE on an employement visa. I am wondering what the best path would be for us. I'm thinking the best option would be to register the marriage in UAE, because 1) we are currently living together as an unmarried couple, which is illegal and somewhat risky in UAE, and 2) in case she loses her job or her visa expires before she gets a green card, if we're married she could remain in the UAE on my sponsorship.

So based on this, I'm thinking the K-3 visa might be a better option for us. However, after speaking with an immigration lawyer, I was surprised to learn that the K-3 is only valid if it is approved prior to the I-130. Here is our email corresponse on the topic:

Me: "What happens if the K-3 is not approved prior to the I-130? Is there a way to avoid this problem (e.g. waiting until the K-3 is approved before filing the I-130)?"

Lawyer: "If the K-3 is not approved prior to the I-130, it becomes null and void (which we have seen happen before). Unfortunately, the K-3 requires that the I-130 to be filed first; if it is not, we cannot even file for the K-3. This is a frustrating point (given that the K-3 is meant to bring your spouse in quickly while the I-130 is pending), but we have seen this exact senario happen recently."

Obviously this is very troubling to me, and his response does not shed much light on the matter. I'm wondering what would be the best way for me to proceed? Would it be wise to consider the K-1 instead, or is there some other option I'm not aware of?

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OTHER ISSUE: My main hope is to obtain advice on the issue above, but I do have one further concern as well. If anyone could shed any light on this I would greatly appreciate it.

My fiancee was previously married to a Nepali man. Their divorce was finalized earlier this year. Everything regarding the registration and dissolution of this marriage was done in Nepal itself. My fiancee registered for a Nepali citizenship for this purpose. However, it is my understanding that it is illegal under Indian law to hold a dual citizenship; so, the Indian authorities were never notified about the matter. Therefore there is no record of this marriage in any Indian records.

However, when my fiancee and I register our marriage and petition for the visa, we will have to disclose this prior marriage. My worry is that when the Indian authorities find out that she held a Nepali citizenship, there might be some legal trouble and issues with her Indian passport. The lawyer I spoke to said he cannot advise on this matter since their firm knows nothing about Indian law. But I wonder where I can find more information about this, and what steps we might be able to take to avoid any problems regarding this?

Thanks in advance for any replies/advice. :-)

[NikLR 13,227]

You would continue on the CR1 route if the NVC closes the K3 route to you. It's less expensive anyhow.