I-129F K-1 Visa Pakistan

[MohammadBHussain 0]

I am a US Citizen residing in Ridgeland, MS and starting the process of filing I-129F for my fiancée in Pakistan. Me and my fiancée are first cousins. I have read the instructions for filing I-129F, however there are some confusions regarding the process.

1. In the form, I see the question, “Is the beneficiary related to you?” Should I put first cousin in its answer or not as I am afraid it may lead to rejection of the petition.

 

2. Upon looking at states that allow first cousin marriages, MS was not to be found in the list, however AL was there. So, can I get my marriage registered in AL while being a resident of MS for the purpose of fulfilling the requirement of K-1 visa or do I have to marry in the resident state to fulfill this requirement?

 

3. Do I need to put my intention of getting married in AL while my fiancée and then-spouse will reside with me in MS in my letter of intent to marry while filing I-129F?

 

Any help and guidance is highly appreciated.

Edited January 1 by MohammadBHussain

[IWander 589]

8 minutes ago, MohammadBHussain said:

I am a US Citizen residing in Ridgeland, MS and starting the process of filing I-129F for my fiancée in Pakistan. Me and my fiancée are first cousins. I have read the instructions for filing I-129F, however there are some confusions regarding the process.

1. In the form, I see the question, “Is the beneficiary related to you?” Should I put first cousin in its answer or not as I am afraid it may lead to rejection of the petition.

 

2. Upon looking at states that allow first cousin marriages, MS was not to be found in the list, however AL was there. So, can I get my marriage registered in AL while being a resident of MS for the purpose of fulfilling the requirement of K-1 visa or do I have to marry in the resident state to fulfill this requirement?

 

3. Do I need to put my intention of getting married in AL while my fiancée and then-spouse will reside with me in MS in my letter of intent to marry while filing I-129F?

 

Any help and guidance is highly appreciated.

Is getting married in Pakistan an option for you?

[MohammadBHussain 0]

7 minutes ago, IWander said:

Is getting married in Pakistan an option for you?

It is an option but seeing the long processing timeline of IR1 is hesitating me to go that route. 

[JeanneAdil 6,483]

No 

the emassy will deny any petition K1 or CR1 as

Mississippi. It is illegal in Mississippi for first cousins to marry, have sexual relations or cohabitate. 

 

Search this site and u will find other cases that found this out the hard way

u can move to another state that allows 1st cousins to marry

9 minutes ago, MohammadBHussain said:

It is an option but seeing the long processing timeline of IR1 is hesitating me to go that route. 

it would not help 

it is illegal 

[Marieke H 2,495]

42 minutes ago, MohammadBHussain said:

1. In the form, I see the question, “Is the beneficiary related to you?” Should I put first cousin in its answer or not as I am afraid it may lead to rejection of the petition.

The only option is the truth. You cannot lie about information that could lead to a denial. 

 

44 minutes ago, MohammadBHussain said:

3. Do I need to put my intention of getting married in AL while my fiancée and then-spouse will reside with me in MS in my letter of intent to marry while filing I-129F?

It is not simply about where you get married; it is about where you intend to live. 

 

Your only option is to move to a state where first cousin marriages are legal.

[Daphne . 1,852]

Yes, your cousin is related to you (as you know) so you need to answer that question with a yes. And you will have to move to a state that allows first v

cousin marriages

[MohammadBHussain 0]

33 minutes ago, Marieke H said:

The only option is the truth. You cannot lie about information that could lead to a denial. 

 

It is not simply about where you get married; it is about where you intend to live. 

 

Your only option is to move to a state where first cousin marriages are legal.

As per my understanding, the requirement of K-1 visa to get married in the US is a federal one and not state related so I am of the view that getting my marriage registered in any state that allows first cousin marriages should fulfill that requirement of K-1.

[HandmadeTurnip 150]

29 minutes ago, MohammadBHussain said:

As per my understanding, the requirement of K-1 visa to get married in the US is a federal one and not state related so I am of the view that getting my marriage registered in any state that allows first cousin marriages should fulfill that requirement of K-1.

 

It's your state of residence that matters, not the state where the marriage took place. From the USCIS policy manual:

 

USCIS does not recognize the following relationships as marriages, even if valid in the place of celebration:

• Certain marriages that violate the strong public policy of the state of residence of the couple

[IWander 589]

1 hour ago, MohammadBHussain said:

As per my understanding, the requirement of K-1 visa to get married in the US is a federal one and not state related so I am of the view that getting my marriage registered in any state that allows first cousin marriages should fulfill that requirement of K-1.

Unfortunately your understanding is wrong.

 

What are the current wait times for a K1 compred to spouse visa?  Are they that much different?

[MohammadBHussain 0]

1 hour ago, IWander said:

Unfortunately your understanding is wrong.

 

What are the current wait times for a K1 compred to spouse visa?  Are they that much different?

K1 is about 18 months whereas IR1 is about 36 months. There is backlog of IR1 at US Embassy in Islamabad, Pakistan.

[SalishSea 17,786]

2 hours ago, MohammadBHussain said:

As per my understanding, the requirement of K-1 visa to get married in the US is a federal one and not state related so I am of the view that getting my marriage registered in any state that allows first cousin marriages should fulfill that requirement of K-1.

Do NOT lie about being cousins.   You will NOT get away with it.   If you want to marry your cousin and get an immigrant visa for her, you will 100% have to live in a state that allows cousin marriage.   This is non-negotiable, and it applies so whether you go the K-1 or CR-1 route.

 

 

[MohammadBHussain 0]

10 minutes ago, SalishSea said:

Do NOT lie about being cousins.   You will NOT get away with it.   If you want to marry your cousin and get an immigrant visa for her, you will 100% have to live in a state that allows cousin marriage.   This is non-negotiable, and it applies so whether you go the K-1 or CR-1 route.

 

 

I won’t lie as I have read the consequences of that. That was just for asking.

So you are telling me that if I get married in Pakistan and select the Spouse Visa route, even then I would have to reside in a state that allows first cousin marriages?

[SalishSea 17,786]

1 hour ago, MohammadBHussain said:

I won’t lie as I have read the consequences of that. That was just for asking.

So you are telling me that if I get married in Pakistan and select the Spouse Visa route, even then I would have to reside in a state that allows first cousin marriages?

Absolutely, if you want an immigrant visa.   The marriage must be legal in the state where you intend to reside.

[SalishSea 17,786]

Here is an example an appeal in a similar situation.   It can be tricky, so you will want a competent immigration lawyer who has dealt with cousin marriage.   Unfortunately, there isn’t any way to know this case was ultimately resolved.
 

https://www.uscis.gov/sites/default/files/err/D6 - Fiancees and Fiances of U.S. Citizen (K-1)/Decisions_Issued_in_2021/JUN092021_01D6101.pdf

Edited January 1 by SalishSea

[Pinkrlion 2,715]

You have to be already living in a state that accepts first cousin marriages before you file for K-1 or CR-1.