US Immigration Issue for K-1 Visa- Need Advice

[KULtoATL 1,551]

1 hour ago, feddi420 said:

It is done through Nikah by a religious figure. It is standard in the west for Muslim couples to do this in order for families to be comfortable letting the future bride and groom get to know one another without the need for a chaperone during the engagement period.

I'm not sure if you're a Muslim but nikad IS an official marriage in Islam. Whilst it is not recognized by the UK government until a civil registration, to USCIS, you're highly likely to be considered married. Therefore, I concur with previous posters that had advised you to file for a CR-1/IR-1 spousal visa instead

[geowrian 22,338]

12 hours ago, feddi420 said:

It is done through Nikah by a religious figure. It is standard in the west for Muslim couples to do this in order for families to be comfortable letting the future bride and groom get to know one another without the need for a chaperone during the engagement period.

I understand what you're saying, but others have been refused a K-1 after becoming aware of a Nikah between the individuals. This is really a subject they don't like to play around with...any doubt if the individuals are married (legally recognized or not) may result in a refusal.

[Coco8 1,042]

13 hours ago, feddi420 said:

It is done through Nikah by a religious figure. It is standard in the west for Muslim couples to do this in order for families to be comfortable letting the future bride and groom get to know one another without the need for a chaperone during the engagement period.

People have had problems with that exact ceremony. Their K1 was denied because they had that ceremony. I remember someone from the UK a few months ago mentioning their K1 was denied.

 

If I were you, I would do a search over the site and check what has happened to people and maybe ask them directly how the interview went. If a K1 is denied and you have to do a spousal visa, you are looking at over two years.  Because if the K1 is denied is at the interview in the consulate and by that time you would have already waited 6-8 months. Then you have to withdraw the K1 petition, which can take a while, get married, submit the IR-1, and wait 12-14 months.

 

 

 

 

Edited July 18, 2017 by Coco8

[abum 324]

coming from Malaysia, a Muslim majority country, that ceremony "NIKAH" is a legally binding marriage contract, if it is done properly (have witnesses, legal Imam conducting it etc).

I had no idea that muslims in the UK considers is as part of the engagement process to bypass the need for the couple to be together without a chaperone (i get it that in the eyes of the state [UK in this context], the couple has not been married yet - as the marriage has not been registered, but from the religious point of view, that couple have been married, no doubt about it, and to get out of it, the would have to be divorced). 

Edited July 18, 2017 by abumiqdad

[RO_AH 1,667]

My guess is that the "NIKAH" will make you too married to get a fiance visa but not married enough to get a spousal visa. You will most likely need to have an official government recognized marriage in order to apply for a spousal visa.

[David & Diana R 1,005]

22 hours ago, feddi420 said:

Hello Everyone, I'm writing because my fiance, who lives in the UK, was attempting to visit for a couple of weeks using the ESTA Visa Waiver program. She had the waiver approved but when she went through US Customs in Ireland, they questions what the purpose of her visit was and why she had 3 bags with her. She told them she was going on vacation to see friends and had 3 bags because there were gifts and she had clothes for several weddings she was invited to. They ended up interrogating her for several hours, took her phone and went through every text, email, and even her Facebook posts. They told her that she was not going to visit friends but rather going to visit her fiance. She told them that she was going to visit both and intended to come back in 3 weeks due to her having a job and had a return ticket. After hours of interrogation, the officer told her he didn't care about the luggage or the fiance part but was denying her entry because 1.) she lied to 3 officers about who she was going to see. They accused her of trying to use the Visa Waiver as a means to bypass the fiance or spousal visa and said 2.) she intended to stay in the US, which obviously wasn't true. He stamped her passport with an "Application for Admission Withdrawn" stamp and said if she wanted to enter the US, she has to apply for a fiance visa (which we intended on applying for in the near future anyways. This prevents her from being able to visit me in the US and our concern was how this would affect her chances of getting approved for the fiance visa when we apply for it. Does this negatively impact her chances? What are our best steps moving forward with getting her to the US and is there any way to remove the negative remarks associated with her traveling to the US? Any help would be appreciated!

1.) Perhaps she was hesitant to state in the beginning that she was going to visit her boyfriend/fiance...you?  Then when she fessed up they felt she was lying by omitting the fact that she was going to see her boyfriend/fiance.  Ommision is just another word for lying.

 

2.) Apparently it was not obvious to them.

 

I would suggest you visit her in her country a few times and then get married there.  Then file for a CR-1.  This is what I would do.

 

Good luck and God Bless

 

Edited July 18, 2017 by David & Zoila

[yuna628 9,752]

22 hours ago, feddi420 said:

Hello Everyone, I'm writing because my fiance, who lives in the UK, was attempting to visit for a couple of weeks using the ESTA Visa Waiver program. She had the waiver approved but when she went through US Customs in Ireland, they questions what the purpose of her visit was and why she had 3 bags with her. She told them she was going on vacation to see friends and had 3 bags because there were gifts and she had clothes for several weddings she was invited to. They ended up interrogating her for several hours, took her phone and went through every text, email, and even her Facebook posts. They told her that she was not going to visit friends but rather going to visit her fiance. She told them that she was going to visit both and intended to come back in 3 weeks due to her having a job and had a return ticket. After hours of interrogation, the officer told her he didn't care about the luggage or the fiance part but was denying her entry because she lied to 3 officers about who she was going to see. They accused her of trying to use the Visa Waiver as a means to bypass the fiance or spousal visa and said she intended to stay in the US, which obviously wasn't true. He stamped her passport with an "Application for Admission Withdrawn" stamp and said if she wanted to enter the US, she has to apply for a fiance visa (which we intended on applying for in the near future anyways. This prevents her from being able to visit me in the US and our concern was how this would affect her chances of getting approved for the fiance visa when we apply for it. Does this negatively impact her chances? What are our best steps moving forward with getting her to the US and is there any way to remove the negative remarks associated with her traveling to the US? Any help would be appreciated!

 

20 hours ago, feddi420 said:

 

 

The religious marriage contract is typically done in Islamic engagements as a way to allow the couple to spend time together without a chaperone. Culturally, the couple is not considered married until a ceremony takes place and a legal marriage contract is obtained. The officer found a copy of the contract while going through her emails and questioned her about it and she explained that. He proceeded to tell her if she wants to come to the US, she needs to apply for a fiance visa. 

 

Now my concern is if I apply for a fiance visa, it gets rejected due to the religious contract. however, since we do not have a legal marriage contract  through the courts (since we aren't married), can I apply for the souse visa if needed?

There were likely three reasons why your fiancé was denied, and over-zealousness on the part of the officer was not one of them.

1) When asked the purpose of her visit, she said friends. The truth was that she was going to visit friends, but she was also going to visit you, her fiancé, too. Why did she omit you in those details? I certainly understand, the temptation to omit a strong tie as being in a relationship with someone to that of a friend is present because of the fear of being kicked out... but the failure to mention visiting a fiancé is also one sure way to be kicked out. The same thing would happen to those visiting fiancés in the UK. The truth is fiancés are certainly allowed to visit each other, provided they have strong ties, are honest to the officer (even if they are afraid of what that honesty might bring), and the evidence they have convinces the officer they are not going to do anything involving immigration fraud. In retrospect, when my husband first visited me so long ago, we weren't even fiancés.. just friends. The officer likely thought something similar, which is why he was extensively questioned about the nature of our relationship and other things.. but provided you have enough convincing evidence and are honest - the subject is unlikely to have issues. There is never any guarantee though.

 

2) This in conjunction with the 'marriage contract' and any personal info that was viewed and not revealed to the officer, formulated the opinion that the likely risk of her attempting to 'get around' methods of obtaining a visa by using the VWP in order to marry and adjust status. When it comes to such contracts, it could also negatively affect the chances to obtain a K1 visa as well. An officer if aware of such a contract may make the assumption you are married. Nikah is considered marriage by many. While it may not be recognized as such civilly this makes little difference. You will be ''too married'' for a K1. This leads many couples to actually civilly marry and obtain a spousal visa as their way to enter. There shouldn't be any problems obtaining a spousal visa provided nothing else is problematic. That may take over a year, as they take longer than a fiancé visa.

 

3) As this was a religious contract for Islamic purposes it unfortunately likely drew additional scrutiny in the current climate. That being said your fiancé was not banned, just withdrawn an application. She is lucky for that. This will not affect her chances to obtain a marriage based visa but she should be prepared to discuss it at an interview. There is no way she should be visiting again. Your best chance of visiting, would be to visit her, marry her, and get started on the visa. Keep in mind the UK have their own rules regarding marriage. You'll likely need to obtain a fiancé-visit-visa (allows you to marry but not to stay) to do it, or go to a different country.