Arranged Marriage - Should I go for K-1 ( marry later ) or get married and then apply

[electricspark 0]

Hi Everyone,

I was afraid that I , too, would be asking these questions someday. Always heard others talking about these things when I was younger.

I am to marry a girl whose a family friend. I did not date her as per Pakistani customs but I have the option to either do Nikkah ( marriage in Islam) and then apply for spousal visa OR just apply for finance visa and marry in the US.

The issue is that I want to save time and given that I havent married yet, the K-1 is still an option. Now the question I have is that if I marry in religious terms, I would not be able to live with her until the visa shows so I can take her to the US. So as you can guess, I would not have honeymoon or other stuff to show during the interview because technically im waiting for the visa before i start celebrating.

Is there a way I can marry her and apply for some sort of visit visa while she stays with me? She wont be working for the time being so GC isnt a hurry.

everyone's help is appreciated,

electricspark in New York ( dude )

to-be wife is in pakistan

[Unshakable Faith 493]

Well the first question is- have you physically met before? Do you have proof of this? It is a requirement to file.

You can do a K1 visa (fiance visa) and I hear those are going pretty quickly these days if there are no outstanding circumstances. You would have to file the petition, wait until it's approved, and then she would apply for the visa and attend the interview and then if approved, would be able to travel to the US as soon as she gets her visa.

You can also do the spousal visa. You'd have to marry (and make sure it's registered so that it can be proven that you're actually married), and then file for the petition, she applies for the visa after petition is approved, and then she'll have her interview. She could possibly visit on a visitor's visa while the paperwork is processing but she will have to qualify on her own merits for a visitor's visa and prove very strong ties to her country, since it is shown she has immigrant intent by having the paperwork already started.

If she does not already have a visitor's visa and has never visited the US, I would say the chances are unlikely that she would obtain a visitor's visa at this point when you're filing for her to immigrate to the US. It's worth a try to attempt getting a visitor's visa if she has strong ties. Of course she will have to go back to her country for the interview and wait on the visa to be issued if it's approved.

[Penguin_ie 5,994]

***** Moving from CR-1 spousal visa forum to What Visa Do I Need form ******

She could apply for a B2 tourist visa, but that only lasts a max of 6 months, and the CR-1 process takes a year or more.

The K1 would be faster, about 6 months, but I am guessing you have a lot of family in Pakistan that would love to be at the wedding, so doing it there is easier. The process does NOT require you to live together or have a honey moon before the visa is issued, just that you have a bonafide relationship, which can be shown by time spent together (with chaperones if necessary), emails, phone calls etc.

[electricspark 0]

Thanks for the reply. Part of the culture is to not really date before marriage but it doesn't mean we aren't engaged. My female family members are in constant contact with her but I have not seen her face to face. Of course there are plenty of pictures going back and forth. I suppose fiance visa is out of the question.

She has a big family so I guess we can show that she has a strong ties to the country but hasn't ever traveled outside of Pakistan. If I marry her and then apply for visit visa along with immigration, we would need to come back for the interview.

Are there many chances of doing that successfully or should I just wait it out for the typical time period. I find it odd that fiancé can come faster than a spouse.

[aaron2020 11,651]

Thanks for the reply. Part of the culture is to not really date before marriage but it doesn't mean we aren't engaged. My female family members are in constant contact with her but I have not seen her face to face. Of course there are plenty of pictures going back and forth. I suppose fiance visa is out of the question.

She has a big family so I guess we can show that she has a strong ties to the country but hasn't ever traveled outside of Pakistan. If I marry her and then apply for visit visa along with immigration, we would need to come back for the interview.

Are there many chances of doing that successfully or should I just wait it out for the typical time period. I find it odd that fiancé can come faster than a spouse.

Since you have not met her face to face, then you can not apply for a K-1.

Go meet her.

[Ebunoluwa 6,136]

You have to meet before applying for a K1 and show strong relationship evidence.
I recommend marrying and filing for a CR1 instead.

If they say you do not have a bona fide relationship due to lack of relationship evidence (real face time visits) and some CO's don't like to approve
arranged marriages, then they return your petition and you have to start all over again.
With a CR1 if it gets returned you then have a second chance to rebut a refusal. K1's expire, CR1's do not when refused and returned.

She will not be granted a B2 with a husband here if you marry and try the B2 route, she would not have strong ties to her home country as her ties

to you would be stronger.

[Darnell 8,478]

i say file a k-1, never file the Nikkah prior.

Once the two of you get to the USA together, talk with yer local IMAM before marriage, get that religious stuff sorted.

[cdneh 3,112]

i say file a k-1, never file the Nikkah prior.

Once the two of you get to the USA together, talk with yer local IMAM before marriage, get that religious stuff sorted.

Even though they have never met in person? It's a requirement.

[Anh map 2,098]

You cannot petition for a K1 or CR1 without having met face to face. So nothing will happen until you travel there to meet. The process for visas from that part of the world will be full of scrutiny because of all the well known reasons. This extra scrutiny takes time. Do some reading in the regional forum to learn from other members who have obtained visas from Pakistan.

For either visa you will want to give as much evidence of a bona fide relationship as possible. Chats, emails, phone calls, documentation of time spent together/with family are all good types of evidence.

It's not going to be as fast or as easy as you'd hoped. Settle in and be well prepared.

[Meant2B 8]

Have to have met in person for K1. Since arranged marriage why not just go there and marry so family/friends can be in attendance?

Edited January 5, 2016 by Meant2B

[Darnell 8,478]

Even though they have never met in person? It's a requirement.

nope ! they _DO_ have to meet up first ! [apologies that I skipped that point in the bullet list]

now, for a CR-1 visa - they CAN get married by proxy

but

the marriage MUST be consummated before the I-130 is filed.

See? A TRIP is required, no matter what. dude in NY - you gots money for a trip? go soon !

Edited January 5, 2016 by Darnell

[electricspark 0]

Yes I am going for a visit but I might do Nikkah which means I cannot file for k-1 anymore but that doesnt mean I take the bride home. im trying to find other posters here from pakistan so I can see what happened in their case.

A couple of guys mentioned that they had an interview date from 6 months of filing i-130 but this was like 3-4 years ago. Is it possible that some people are processed faster?

honestly i would pay 10x more if she could come within a month but that option isnt available and i dont have too many vacation days which means I cant marry and have fun without being away for a long time. this long distance thing hurts

Edited January 5, 2016 by electricspark

[JRF 117]

Yes I am going for a visit but I might do Nikkah which means I cannot file for k-1 anymore but that doesnt mean I take the bride home. im trying to find other posters here from pakistan so I can see what happened in their case.

A couple of guys mentioned that they had an interview date from 6 months of filing i-130 but this was like 3-4 years ago. Is it possible that some people are processed faster?

honestly i would pay 10x more if she could come within a month but that option isnt available and i dont have too many vacation days which means I cant marry and have fun without being away for a long time. this long distance thing hurts

I apologize for not being too knowledgeable regarding Islamic custom, but can't you visit and spend time with her in the presence of one of her male relatives? The requirement is that you visit her, not that you spend time alone. Surely the consulate in Pakistan is conversant in Islamic custom.

My wife came on a CR-1 visa, so take my advice with the caveat I'm not as knowledgeable as others for the K-1.

Edited January 5, 2016 by JRF

[NikLR 13,227]

No you can't just take your bride home. She needs a visa to be able to move to the USA

[Boiler 45,538]

When are you due to see her?