Preparing for K1 visa-Indian beneficiary

[Aindrila01 0]

I have not started with the procedure of K1/CR1 but would like to have advice and suggestions and loopholes in my case if any.

Any comments would be highly appreciated.

Beneficiary- Indian

Beneficiary's religion- Hindu

Petitioner- US citizen

Petitioner's religion- Christian ( White american if that matters)

How we met?

I went to US to pursue my PhD in F1 visa in August 2015. Have spend 8 months till April 2016. Couldn't continue my PhD because of lack of funding so gave up my PhD,came back to India because I didn't want to be''out of status''. We got engaged in March in US on a roof top when I told him about my plans to go back to India..so no pictures with friends when he gave me the ring. But a detailed post and friends congratulating us in Facebook. Pictures and family approval is not a problem and would get notarised letters if needed( Though I have no pictures with his family but he plans to visit me next year to spend time with me and my family if more proof of relation and Indian ceremony to be followed).There is no lack of proof that we love each other and genuinely want to be together.

Now the loopholes

He has DUIs but he has done his time and will be able to get a court order. Once got married and now divorced too.

I have heard horrible stories about people's experiences in K1 route especially with interracial cases in India. My question is how should I approach my case? Should we follow a CR1 route instead? If yes,then how?What can go against us and what can't?

Edited June 3, 2016 by Aindrila01

[Russ&Caro 1,549]

I'm not 100% sure but I don't see any significant red flags in your case. Cultural and religious differences are not a factor. His DUI's are not crimes that prevent him from petitioning you. Since he's already met you while you were in the US, you might consider the CR1 route and get married during his visit to India. That would constitute a 2nd time that you meet face to face and put you in pretty good standing to get approved. As long as he has a final divorce decree from his past marriage, that doesn't factor into the application either.

If I were you, I would choose K1/CR1 based on where you want to get married, i.e. K1 in the US, CR1 in India. Good luck!

[LionessDeon 2,060]

Cultural differences are always a factor....It's how you overcome it that is important. Plenty of relationship evidence, face time, etc. Whatever the cultural norms are for your country should taken into consideration....simply ignoring them and trying to fly on the "well we love each other" doesn't always work....in my opinion.

If religious differences are looked down on in India, then look for a way to show that is not an issue for you as a couple.

If family acceptance is a huge factor in India, then use evidence to show your family is accepting of him and your relationship, ie meeting, pics, letters even.

The above is just an example. I am a firm believer in going into this journey eyes wide open and knowing what could lie ahead. Will these differences stop you from being successful? Maybe not, but it never hurts to be prepared. The fact that you spent 8 months with him here helps significantly!

If you consider the K1 route, please be careful of any ceremonies...they have caused problems with others.

[Russ&Caro 1,549]

I might have misspoke. The religious and cultural differences in your case are probably not a big factor as there are many approved immigration cases with such differences. LionessDeon is correct that it's always best to account for the differences as you go through the process.

[Pitaya 2,577]

~Moved from K1 Process to What Visa Do I Need Forum~

~Inquiry about family visas~

[Aindrila01 0]

I'm not 100% sure but I don't see any significant red flags in your case. Cultural and religious differences are not a factor. His DUI's are not crimes that prevent him from petitioning you. Since he's already met you while you were in the US, you might consider the CR1 route and get married during his visit to India. That would constitute a 2nd time that you meet face to face and put you in pretty good standing to get approved. As long as he has a final divorce decree from his past marriage, that doesn't factor into the application either.

If I were you, I would choose K1/CR1 based on where you want to get married, i.e. K1 in the US, CR1 in India. Good luck!

Thanks Russ&Caro. I will keep in mind.

[Aindrila01 0]

Cultural differences are always a factor....It's how you overcome it that is important. Plenty of relationship evidence, face time, etc. Whatever the cultural norms are for your country should taken into consideration....simply ignoring them and trying to fly on the "well we love each other" doesn't always work....in my opinion.

If religious differences are looked down on in India, then look for a way to show that is not an issue for you as a couple.

If family acceptance is a huge factor in India, then use evidence to show your family is accepting of him and your relationship, ie meeting, pics, letters even.

The above is just an example. I am a firm believer in going into this journey eyes wide open and knowing what could lie ahead. Will these differences stop you from being successful? Maybe not, but it never hurts to be prepared. The fact that you spent 8 months with him here helps significantly!

If you consider the K1 route, please be careful of any ceremonies...they have caused problems with others.

I agree with you. These factors would be kept in mind and dealt with accordingly.

I wanted to know something more if I have to go through the CR1 route. I read that the US citizen has to get a No objection letter to get married in India and its even easy to get it but my main question is how does he enters India to do that? Like on tourist visa..or something else? I may sound novice but just trying to understand the whole thing.

[NikLR 13,227]

I agree with you. These factors would be kept in mind and dealt with accordingly.

I wanted to know something more if I have to go through the CR1 route. I read that the US citizen has to get a No objection letter to get married in India and its even easy to get it but my main question is how does he enters India to do that? Like on tourist visa..or something else? I may sound novice but just trying to understand the whole thing.

Let me Google that for you

http://www.visajourney.com/forums/topic/385928-usc-marriage-in-india/

http://www.huffingtonpost.com/2012/02/08/getting-married-in-india_n_1263653.html

http://newdelhi.usembassy.gov/service/other-citizen-services/marriage.html

http://www.legalserviceindia.com/lawforum/index.php?topic=1805.0

http://www.madaan.com/marriage.html

Edited June 4, 2016 by NLR

[KierenHby 899]

I agree with you. These factors would be kept in mind and dealt with accordingly.

I wanted to know something more if I have to go through the CR1 route. I read that the US citizen has to get a No objection letter to get married in India and its even easy to get it but my main question is how does he enters India to do that? Like on tourist visa..or something else? I may sound novice but just trying to understand the whole thing.

He travels to India on a tourist visa.

Get married.. and obtain a marriage certificate from the temple\church\etc. Make a couple of copies.

Set up an appointment with the US Embassy for Notarial Services. It's under US Citizen Services.

On the day of appt, the embassy issues a notarized paper filed out by the applicant. This is the so-called "No Objection Letter". It's a $50 fee.

Carry the original Letter to your local municipality in India to register your marriage. You might need the services of a local advocate versed in these things. Once you obtain the Marriage Registry document, make a copy or two. He files the marriage registry copy with the I-130 Petition.

http://newdelhi.usembassy.gov/service/other-citizen-services/notary-services.html

[Kat&Abhi 42]

I agree with you. These factors would be kept in mind and dealt with accordingly.

I wanted to know something more if I have to go through the CR1 route. I read that the US citizen has to get a No objection letter to get married in India and its even easy to get it but my main question is how does he enters India to do that? Like on tourist visa..or something else? I may sound novice but just trying to understand the whole thing.

We got married in Pune and I never had to get a no objection letter. I had to submit my divorce decree copy and passport copy and birth certificate copy. We got married at the registrar at noon and then later that evening we had a hindu temple marriage. After the marriage I filed the i130 for DH and it took us almost 1 year for him to immigrate.

[audreybalan82 0]

where did you submit your divorce decree copy and passport copy and birth certificate copy? at the consulate/embassy?

[Aindrila01 0]

We got married in Pune and I never had to get a no objection letter. I had to submit my divorce decree copy and passport copy and birth certificate copy. We got married at the registrar at noon and then later that evening we had a hindu temple marriage. After the marriage I filed the i130 for DH and it took us almost 1 year for him to immigrate.

Thank you for replying!

My main issue is he can't afford to come for more than a week because of the nature of his job and I am afraid CR1 route needs him to b here for a while. How long did it take you to navigate through the Special marriage act and how much is his presence required in India. A timeline would be much appreciated.