Can we get a k-1 fiance visa if we are married outside the US?

[DC85 113]

You got a lot of good advice. I will tell you a story of one of my friends. He is married to a USC, and his Immigrant visa was on the last stages at the NVC. He applied for a visit visa and he was denied right away. His wife was due to deliver their first baby in a month, and that's the reason for him to travel to the US. What he did, he wrote a letter to explain his intention, he mentioned on his letter that he has no interest to live in the states, and his wife is the one who filed the petition without his interest to move to US. and all what he cares about is to be next to his wife while having the first baby. He papered everything and applied again. The CO believed his story and he was granted the visa. IF you go ask any lawyer, they will tell it's impossible to get a visit visa while you have an immigration visa on the final stages.

Lesson to learn, it's not about what documents you have or how much money you make in your country , it's all about if the CO believed your story or not. my advice, Let your husband apply again, and be honest about your intentions and try to support that with documents if they asked for any.

[Boiler 45,525]

Always amuses me when this. Ones up, do people think they are suddenly divorced when entering the US and them married again when leaving?

You can apply as often as you like for a Tourist visa from what has been said he does not have a strong case.

[AHandSD 1]

Dear OP: We had local marriage papers when I lived in Egypt, which are required in Egypt or the Egyptian citizen involved is subject to arrest. A couple cannot legally live together otherwise. This came up during my husband's (then fiance's) interview and we found that the US embassy in Cairo is well aware that this is a required document for couples to live together. We submitted these papers when we filed for the K-1 visa. My husband entered the US with a K-1 visa and we were legally married here.

[ce2010 7]

You cannot file k1 while married. its illegal..

[Egyptian Cotton 1]

Dear OP: We had local marriage papers when I lived in Egypt, which are required in Egypt or the Egyptian citizen involved is subject to arrest. A couple cannot legally live together otherwise. This came up during my husband's (then fiance's) interview and we found that the US embassy in Cairo is well aware that this is a required document for couples to live together. We submitted these papers when we filed for the K-1 visa. My husband entered the US with a K-1 visa and we were legally married here.

Yes! Exactly! This is what I have heard as well. This is not an attempt by me to fool the system or to lie or get in illegally. When I began filling out the K-1 form I indicated that we were married on the form. I have heard the same thing now from 3 people in Cairo - that they have gotten the K-1 being upfront that their Egyptian marriage papers were obtained so that they could legally live and travel together. (Without the papers my husband runs the risk of arrest if anyone reports we are living together, or if we go through a checkpoint alone together and the cop wants to be a #######. We also could not stay in hotels together or buy plane tickets together)

I asked the question here because I thought it sounded a bit sketchy and wanted input. I resent those of you who have ridiculed my very legitimate question. I also emailed the US embassy in Cairo the same question. Like I said, I have no intention of trying to hide the marriage papers here, so much so that I even included my passport number and his name in the email. It takes weeks to hear back from them though. Once I do I will post their official response.

I am not stupid or posting this for anyone's "amusement", I have no intention of being "suddenly divorced" as one very unhelpful poster suggested... As I and the above quoted poster mentioned, it seems that here in Egypt couples with local marriage papers are occasionally granted the K-1 visa.

I m very appreciative to those of you who have given me some really useful advice about acceptable evidence to present for the tourist visa.

Edited July 24, 2015 by Egyptian Cotton

[AHandSD 1]

We were not trying to "pull" anything either. We were up front with what we did, and presented our documentation as part of our petition. This is something well known of by those working at the embassy. You had documents drawn up there by a lawyer, correct? The flippant responses might be from those not considering that in that society, it is impossible for couples to even spend time with one another for any period of time without some sort of 'contract' in place. That's all this is, a contract, and not even fully recognized as a marriage in Egypt either. There's a street name there for this paper too, and it isn't complimentary!

[Udella&Wiz 325]

Disregard - I see you responded that these type pf 'marriage papers' are normal in Egypt. Definitely helpful to provide all information at the outset.

Perhaps I've missed the reply, why was he denied and did you state at that time of his visitor visa application what his marital status was...not sure if that's information is asked for.

Other folks have made good suggestions on what can be considered good examples of ties to home (Egypt)

Yes, he was denied like 3 months after we were married. What is an OP? :-/

Edited July 24, 2015 by Udella&Wiz

[Egyptian Cotton 1]

They didn't give him a reason. Literally he went into the interview with a file full of "evidence" which they wouldn't even look at. They asked what his job was (translator and editor), how he was going to pay for the trip (him and my income together plus savings) and why he was going (my best friends wedding) then said "sorry, maybe when your circumstances improve". He was literally in the interview for 2 minutes. I don't know what circumstances they mean other than they think that an editor and translator isn't serious enough to keep him in Egypt. But we had loads of other stuff we wanted them to see - my work contract, multiple contracts he has for books he was in the process of translating, the wedding invitation, etc

Yes, his application did say that he was married to me.

[Transborderwife 4,666]

Perhaps OP you could clarify, did you marry in a court in Egypt or was it simply a contract drawn up by a lawyer?

[Egyptian Cotton 1]

At the Ministry of Justice. We just signed a contract and they stapled our passport photos to it. Legally we are married in Egypt.

[Transborderwife 4,666]

Ok that sounds different than what AHandSD was talking about. In your case the k1 would likely be denied.

In regards to a tourist visa, if he had a lease with his name or property it may help. Unfortunately a lot of proofs that you mentioned are tied to you. You're showing that you could support him in America whereas he needs to show why he would return to Egypt. I'm sure you can see how a contract job may not be significant proof.

[Ihavequestions 419]

If you would have asked your question in the MENA forum, the responses would have been different because MENA people know the difference between a marriage that's registered and one that's not. But you didn't, and people gave you general, not country-specific answers. That's not their fault.

Okay, that said, knowing it's an orfi marriage makes a big difference. For example, your tax person was right. And, as others have said, Embassy personnel are quite versed in what an orfi is and why it's used, so that's not a big deal. Actually, we had a member here who was orfi married. When they went to the Ministry to get a registered marriage done, the officiate re-did the orfi papers because she wasn't legally divorced at the time the original orfi was signed. She took submitted both orfis and the registered marriage papers for her husband's CR-1 application and he was in the US within three weeks.

"Yes, his application did say that he was married to me."

That could have been the problem. Perhaps there was a records check done and no evidence of a marriage appeared. If/when he re-applies, he's going to have to jump that hurdle and hope the Embassy doesn't see it as a material misrepresentation. I'm not trying to scare monger, I'm just trying to be realistic.

At the Ministry of Justice. We just signed a contract and they stapled our passport photos to it. Legally we are married in Egypt.

Straight answer, please:

Is it an orfi marriage or a registered marriage? Which one is it; the information you've given hasn't been clear.

[Egyptian Cotton 1]

It is a registered marriage not just orfi. We have been trying to get things in his name, the problem is in the nicer neighbourhoods in Cairo many landlords will only rent to foreigners. Its stupid I know, but the way it is.

[Ihavequestions 419]

It is a registered marriage not just orfi. We have been trying to get things in his name, the problem is in the nicer neighbourhoods in Cairo many landlords will only rent to foreigners. Its stupid I know, but the way it is.

I'm so happy that I spent all of that time banging out an answer on my keyboard, only to find it irrelevant.

1. You're married, whether you're in the US or outside of it.

2. A K-1 isn't an option, because you're married.

3. Your tax person was wrong. Amend your return.

4. The burden is going to be proving that he has a compelling reason to return from the US. Many people have given you sage advice about how to do that. A lease agreement isn't the end-all, be-all. Joint bank accounts, etc., will help. I will say, though, with a very short marriage, you'd do well to wait a bit before re-applying. That will give you time to build the evidence that comes with a longer term marriage.

[Egyptian Cotton 1]

So sorry you had to waste your time banging out an answer I already had.