k1 issue

[True Love at Last 15]

Yes, but all of this will happen AFTER the interview. She will have the k1 visa on her passport by then.

In India, as far as I understand, you still have to sign marriage papers in court to finish the entire legal marriage process.

Should I present this information to uscis? Or mumbai embassy?

In my opinion your fine. Your Religious Ceremony is taking place AFTER her interview. You are NOT getting legally married in India and she will have no problem using her K1. Just stick to the truth. You are her Fiance until you LEGALLY marry in the USA.

If you are at all concerned then you should do what YOU feel is best for YOU. Cancel K1, legally marry in India and apply for the CR1. She may have a problem using her tourist visa because of your intent to marry either way.

Just FYI, my now husband and I had a small religious ceremony in Egypt and we had no problems following through with our K1 visa.

Congratulations and Good luck!

[Harpa Timsah 13,258]

In my opinion your fine. Your Religious Ceremony is taking place AFTER her interview. You are NOT getting legally married in India and she will have no problem using her K1. Just stick to the truth. You are her Fiance until you LEGALLY marry in the USA.

If you are at all concerned then you should do what YOU feel is best for YOU. Cancel K1, legally marry in India and apply for the CR1. She may have a problem using her tourist visa because of your intent to marry either way.

Just FYI, my now husband and I had a small religious ceremony in Egypt and we had no problems following through with our K1 visa.

Congratulations and Good luck!

NO.

A Hindu wedding ceremony in India is a legal marriage.

[Cheezees 1,514]

In my opinion your fine. Your Religious Ceremony is taking place AFTER her interview. You are NOT getting legally married in India and she will have no problem using her K1. Just stick to the truth. You are her Fiance until you LEGALLY marry in the USA.

If you are at all concerned then you should do what YOU feel is best for YOU. Cancel K1, legally marry in India and apply for the CR1. She may have a problem using her tourist visa because of your intent to marry either way.

Just FYI, my now husband and I had a small religious ceremony in Egypt and we had no problems following through with our K1 visa.

Congratulations and Good luck!

Not true. See this link: https://travel.state.gov/content/visas/en/fees/reciprocity-by-country/IN.html

A Hindu marriage ceremony in India IS A LEGAL MARRIAGE. The registration of such a marriage is optional and does not serve to "legalize" it. It's not up for debate and is very much country specific.

[millefleur 5,047]

OP, you're skating on thin ice by risking it with the wedding and the K-1. VJers from India have gotten into trouble for merely engagement ceremonies and the K-1, why do you want to risk it? Seems like every week on VJ there's a post about India and visa problems due to traditional matrimonial ceremonies of some kind or another.

I agreed with Harpa, if the marriage in India was of such importance, you should've gone with the CR-1/IR-1 spouse visa. Lots of good advice on this thread, if you continue as planned don't be shocked if the K-1 doesn't work out.

[cdneh 3,112]

Thread from this month, also in India, and denied. Too married for a K1, and not enough married for a CR1.

http://www.visajourney.com/forums/topic/612725-k1-fiance-visa-denied-because-they-think-we-secretly-married-help/

[AtlantaMumbai 2]

Thank you guys for the response.

While it is extremely disappointing to start this process over, I think in the long run it is best to not proceed with k1.

Regarding that, should I notify USCIS and/or Mumbai Embassy so that they don't classify her as a fiancé. I don't know if her receiving packet 4 makes her official designation as my fiancé, or actually going through with the interview and getting the visa makes her my fiancé. On a side note, if I let them know in advance, it will save time, effort, and money, so I'm leaning towards emailing and requesting them to suspend the fiancé visa process.

When I go to India and get married both religiously and legally since I'll be canceling my k1petition, I'll start CR1 process.

Will she be able to use her tourist visa from April of this year and come visit me for some time?

Are there any other recommendations so as to shorten the separation?

Thanks again for all the help and responses.

[Cheezees 1,514]

"I don't know if her receiving packet 4 makes her official designation as my fiancé, or actually going through with the interview and getting the visa makes her my fiancé."

What makes her your fiancee according to this process is your identification of her as such, applying and providing evidence of your relationship, interviewing, and then after the issuance of her visa and her arrival, marrying her within 90 days.

So pretty much a boyfriend/girlfriend you are bringing over with the intent to marry them within the US. The person landing in the US on the K-1 visa must be single.

Edited October 17, 2016 by Cheezees

[Cathi 5,784]

In my opinion your fine. Your Religious Ceremony is taking place AFTER her interview. You are NOT getting legally married in India and she will have no problem using her K1. Just stick to the truth. You are her Fiance until you LEGALLY marry in the USA.

If you are at all concerned then you should do what YOU feel is best for YOU. Cancel K1, legally marry in India and apply for the CR1. She may have a problem using her tourist visa because of your intent to marry either way.

Just FYI, my now husband and I had a small religious ceremony in Egypt and we had no problems following through with our K1 visa.

Congratulations and Good luck!

Your opinion does NOT matter!!!!!!!!!!!! What matters is immigration law and if they marry BEFORE she enters with a K-1, even if the marriage is not registered they are NOT eligible for a K-1. PERIOD. END OF STORY. It is visa fraud to do so and she will be deported and banned when she is caught, and she will be caught.

Thank you guys for the response.

While it is extremely disappointing to start this process over, I think in the long run it is best to not proceed with k1.

Regarding that, should I notify USCIS and/or Mumbai Embassy so that they don't classify her as a fiancé. I don't know if her receiving packet 4 makes her official designation as my fiancé, or actually going through with the interview and getting the visa makes her my fiancé. On a side note, if I let them know in advance, it will save time, effort, and money, so I'm leaning towards emailing and requesting them to suspend the fiancé visa process.

When I go to India and get married both religiously and legally since I'll be canceling my k1petition, I'll start CR1 process.

Will she be able to use her tourist visa from April of this year and come visit me for some time?

Are there any other recommendations so as to shorten the separation?

Thanks again for all the help and responses.

you should have done your homework

[abhi_meli 150]

If I was you,I would let my fiancee get the K-1 Visa and get married to her in USA and apply for AOS and advance parole.I would travel back to India and do a Hindu Ceremony,as planned earlier.I wouldn't cancel the K-1 process at such advance stage and loose precious time and money.There is so many people waiting for the approval with their fingers crossed since many many months and you got that opportunity and you don't wanna take it.You can always do the Hindu Wedding later.

[Cheezees 1,514]

Advance Parole can take 3+ months to be granted. They'd have to be clairvoyant with the timing of the issuance of the K-1 visa and AP.

[Limey 551]

Thank you guys for the response.

While it is extremely disappointing to start this process over, I think in the long run it is best to not proceed with k1.

Credit to you for listening to the responses and taking heed of them. The normal form around here seems to be to ask the question, not like the answers, and ignore good advice and then quite frequently revisit asking how to get out of the problem that has been created.

The issue isn't just whether fiance is able to manage to enter the country on the K1 and get married in US, its whether USCIS continues to be unaware of the previous ceremony in India. Technically entering on the K1 while having undergone such a ceremony (even if it were after the K1 interview) would be considered visa fraud if USCIS finds out about it. I wouldn't want to have the worry for the following few years that USCIS could become aware of it, and take action for visa fraud (that would make AOS and removal of green card conditions very difficult if not impossible).

This is something that is worth doing 100% properly. So kudos to you for listening to good advice already given.

[AtlantaMumbai 2]

Yes, I'm sure I don't want to proceed with k1. It was never my intention to work around the law.

Can anyone suggest what is the best way to go forward. I just last night emailed mumbai embassy. Should I contact USCIS as well?

After the religious ceremony, what is the quickest way to get her here? Is there anything that can be done to minimize the away period?

[abhi_meli 150]

There is no quickest way I think.You have to do a Spouse Visa which might take longer than K 1.Best of luck.

[Harpa Timsah 13,258]

Yes, I'm sure I don't want to proceed with k1. It was never my intention to work around the law.

Can anyone suggest what is the best way to go forward. I just last night emailed mumbai embassy. Should I contact USCIS as well?

After the religious ceremony, what is the quickest way to get her here? Is there anything that can be done to minimize the away period?

The only thing would be to have the paperwork all ready to be sent out as soon as you are married.