K-1 Visa

[RemaDeen 2]

Hello all!! 

 

I am new to the process of all of this {have not even applied for the K-1 yet} and mostly doing all the work from the US side as my future husband is in Malaysia. 

We mainly have a lot of worries since Trump decided to place a travel ban and are wondering how this may affect him coming here. Basically, he is Indian and Muslim - Is now a good time to even be applying for the visa? I am also wondering if it is better to just hire a lawyer to see us through the entire process?

 

Any advice or insight would be just wonderful

Reema

[Ben&Zian 4,398]

2 minutes ago, RemaDeen said:

Hello all!! 

 

I am new to the process of all of this {have not even applied for the K-1 yet} and mostly doing all the work from the US side as my future husband is in Malaysia. 

We mainly have a lot of worries since Trump decided to place a travel ban and are wondering how this may affect him coming here. Basically, he is Indian and Muslim - Is now a good time to even be applying for the visa? I am also wondering if it is better to just hire a lawyer to see us through the entire process?

 

Any advice or insight would be just wonderful

Reema

 

Thereis no "travel ban" in place... and it never had anything to do with Malaysia or India, just passport holders of the 6-7 countries originally listed on the ban.

 

And if you can manage to fill out all the paperwork yourself, there's no need for a lawyer/agency honestly. Just use the guides here.

[RemaDeen 2]

Thank you so much for your response. I know it only had to do with those particular countries, but it is really just a fear of his.  Also, thanks for the advice on doing it myself, and the guides, that would definitely save us money. 

[geowrian 22,338]

As stated, there's no ban in place and no ban that ever touched Malaysia or India. Being Muslim or Indian or whatever won't impact the process directly.

 

The CO at the embassy will look at the merits of the relationship to determine if it is bona fide. If you have certain red flags (i.e. large age gap given the local culture, difference in religions, short time spent in person, getting engaged on the first visit, etc.) then the evidence needs to overcome those flags. That's not anything new, though.

 

Unless you have complexities in your case, a lawyer is unlikely to be of any real help. You still need to gather the same evidences, fill in the same information on the forms, etc.

[RemaDeen 2]

1 minute ago, geowrian said:

As stated, there's no ban in place and no ban that ever touched Malaysia or India. Being Muslim or Indian or whatever won't impact the process directly.

 

The CO at the embassy will look at the merits of the relationship to determine if it is bona fide. If you have certain red flags (i.e. large age gap given the local culture, difference in religions, short time spent in person, getting engaged on the first visit, etc.) then the evidence needs to overcome those flags. That's not anything new, though.

 

Unless you have complexities in your case, a lawyer is unlikely to be of any real help. You still need to gather the same evidences, fill in the same information on the forms, etc.

Thank you geowrian    I am actually glad you mentioned the CO bit because that was also something I was wondering about. No complexities here ... so we will get started and hope it all works out.

[Dashinka 24,960]

Many people have concerns when beginning the immigration process and even when progressing through it.  As the other responders have said, there is no ban in place, and even if there was, it doesn't impact the countries you and your fiancé are dealing with (I.e. Don't believe everything you read in the media).  If your relationship is real, and you can convey that you should have no issues.

 

I also agree with the other responders with respect to a lawyer.  If your case is straightforward, in general, you should be able to fill out and file the forms yourself.  VJ is a great resource for assistance if you do have questions and there are a lot of knowledgeable members willing to help you out.  Even if you do use a lawyer, keep in mind that you will still be doing most of the work gathering all the information and reviewing the lawyer's work.

 

Good Luck!

Edited June 8, 2017 by Bill & Katya

[Ubahsi 43]

26 minutes ago, RemaDeen said:

Hello all!! 

 

I am new to the process of all of this {have not even applied for the K-1 yet} and mostly doing all the work from the US side as my future husband is in Malaysia. 

We mainly have a lot of worries since Trump decided to place a travel ban and are wondering how this may affect him coming here. Basically, he is Indian and Muslim - Is now a good time to even be applying for the visa? I am also wondering if it is better to just hire a lawyer to see us through the entire process?

 

Any advice or insight would be just wonderful

Reema

My fiance is Muslim and his visa was approved a few weeks ago... we didn't have any issues. As long as you are in a real relationship and can prove it you should be fine. There is a plethora of good information on this site that can help you through this entire process as a result I don't think an attorney is necessary. If you have questions just ask and most likely someone will offer you an answer or quality advice. 

 

Good luck on your visa journey! 

Edited June 8, 2017 by Ubahsi

[KozmicBlues 592]

Hi! Welcome to the group. My fiance is from India also, but he is Hindu. I definitely understand where you're coming from! I was very concerned from the beginning of the process mostly in regard to not knowing what to expect. From what I've researched, the major concerns with India will be at the embassy interview stage. If there are any major flags (as mentioned in previous posts) like major age difference, family not approving, difference of religions, etc. then the embassy may look at the case with more scrutiny. I am not Hindu, but I don't strictly practice any religion so I am completely open to his religion/beliefs so I doubt that will be an issue raised from our application. I've also read that interracial couples will face a more difficult time going through India, but I'm not too worried about it as I have been talking to my fiance for 3-4 years and have gone to visit him twice in the last 10 months. Just do all the preparation you can - if you see him again before you file the application make sure to take lots of photos and keep everything from your travels like receipts and things. I wish I had researched the process more before our visits because then I would have taken more photos of us with friends/family and kept receipts. But as long as you meet the requirements and have a genuine relationship, there is no need to be concerned. 

 

If you are still concerned after doing research then you could explore the option of doing the CR-1 spouse visa instead. It takes longer and would require you to marry in India first, but it might give you more peace of mind to go that route instead. The other benefit is that once the spouse arrives in the U.S. they are already on resident status, so no need to go through the AOS process of applying for the green card. Not saying anything at all is wrong with going the K1 route!! It's definitely the fastest option and as long as you meet the requirements there should be no issues. I wanted to go this route instead mainly to not have to deal with AOS, but I wasn't able to stay in India long enough for the marriage to happen. It requires a 30-day waiting period before the marriage can be legalized and there was not enough time in advance for us to make it work. 

 

As for getting a lawyer, unless you have any special circumstances or major concerns that you think could be an issue then my opinion is that it's really not necessary. It's time consuming to put all of the support together, but it's completely possible without a lawyer or service like RapidVisa. Use the guides and forums on here - it will make the process so much easier!