Question Concerning Visa

[Zed01203 3]

Hello all! I have a question concerning the best and absolute valid route for my case. First off I am a Muslim so arranged marriages are common in my culture as well. I have an uncle whom I have known since I was very little introduced me to a niece of his and no she is not my cousin I just call him uncle. I am a US citizen and I have been talking to her for 4 weeks now and we seem to be on the same page concerning what we want. I am planning on visiting in about a month. I placed my dowry already but due to our tradition we cannot date before marriage. Should I marry when visiting this coming month and get a marriage certificate or just do the k1 since I have done my dowry. If I choose the k1 route what evidence do I need to produce and if spousal what evidence will I need to produce. Please share your inputs thanks in advance.

[JaneStaark 10]

you just need to read more info about K-1 and K-3 visas. there are specific requirements for each of them. based on info you provided, you might do it either way. 

Fiancé visa required at least 1 personal visit within 2 years, but also if you could prove that it would be impossible because of the religious beliefs, you would be fine. 

Otherwise Spouse visa make some more sense (in my not professional opinion only), because of your religion and it gives you more “space” with immigration process. 

 

[Crazy Cat 41,814]

***Moved to "What visa Do I Need" as OP is asking about both options.***

 

 

Forget about a K-3 visa.  They are obsolete, and are very, very rarely ever issued.  There are significant differences between a K-1 fiance visa and a CR-1 spousal visa.  My advice is to spend some actual time together before making a decision. Marrying on the first visit is NOT a good idea.  Multiple visits is always a better choice. This is especially true when there are red flags such as a large age gap.  Here is my analysis between a K-1 and a CR-1:

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1 
  More expensive than CR-1
  Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)
  Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months) 
  Spouse can not work until she/he receives EAD (approx 6-8 months) 
  Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period 
  Spouse will not receive Green Card for many months after Adjustment of Status is filed.
  A K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-1
  Less expensive than K-1 
  No Adjustment of Status(I-485, I-131, I-765) required. 
  Spouse can immediately travel outside the US 
  Spouse is authorized to work immediately upon arrival. 
  Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US 
  Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
  Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

 

40 minutes ago, JaneStaark said:

because of your religion and it gives you more “space” with immigration process. 

What does that mean?

[Boiler 45,451]

2 hours ago, Zed01203 said:

Hello all! I have a question concerning the best and absolute valid route for my case. First off I am a Muslim so arranged marriages are common in my culture as well. I have an uncle whom I have known since I was very little introduced me to a niece of his and no she is not my cousin I just call him uncle. I am a US citizen and I have been talking to her for 4 weeks now and we seem to be on the same page concerning what we want. I am planning on visiting in about a month. I placed my dowry already but due to our tradition we cannot date before marriage. Should I marry when visiting this coming month and get a marriage certificate or just do the k1 since I have done my dowry. If I choose the k1 route what evidence do I need to produce and if spousal what evidence will I need to produce. Please share your inputs thanks in advance.

 

Never do anything on the first visit.

 

I do not like the K1 anyway but obviously in this sort of case there are issues with the Family agreeing for a daughter to leave unmarried.

 

Get a visit in and look to go the marriage route.

[D-R-J 192]

CO should be familiar with religion and culture of your culture. If dating is not allowed, then the idea of sending an unmarried woman abroad (K1) would seem to be a non-starter. Might also raise suspicions that you are indeed a relative and not fiancé. CR/IR-1 is already superior in many aspects, I would go that route.

[Zed01203 3]

19 minutes ago, Boiler said:

 

Never do anything on the first visit.

 

I do not like the K1 anyway but obviously in this sort of case there are issues with the Family agreeing for a daughter to leave unmarried.

 

Get a visit in and look to go the marriage route.

I appreciate the input I thought that a first visit would be a red flag but because of work and suck I don't get more than a week off work per year so it might take a while other year before I get to visit again. Do you still advice to still wait?

[Zed01203 3]

9 minutes ago, D-R-J said:

CO should be familiar with religion and culture of your culture. If dating is not allowed, then the idea of sending an unmarried woman abroad (K1) would seem to be a non-starter. Might also raise suspicions that you are indeed a relative and not fiancé. CR/IR-1 is already superior in many aspects, I would go that route.

I see thank you yea it seems the fiancee path might be problematic marriage visa it is

[Crazy Cat 41,814]

2 minutes ago, Zed01203 said:

Do you still advice to still wait?

Never marry on the first visa....for multiple reasons. 

[Boiler 45,451]

2 minutes ago, Zed01203 said:

I appreciate the input I thought that a first visit would be a red flag but because of work and suck I don't get more than a week off work per year so it might take a while other year before I get to visit again. Do you still advice to still wait?

That is one of the disadvantages of long distance relationships, time and cost, I assume here we are talking very long distance.

 

Being blunt that is your issue to resolve, a different job?

[Zed01203 3]

8 minutes ago, Crazy Cat said:

Never marry on the first visa....for multiple reasons. 

Thank you very much

[Zed01203 3]

8 minutes ago, Boiler said:

That is one of the disadvantages of long distance relationships, time and cost, I assume here we are talking very long distance.

 

Being blunt that is your issue to resolve, a different job?

Thank you I'll have to figure this out

[carmel34 3,620]

1 hour ago, JaneStaark said:

Fiancé visa required at least 1 personal visit within 2 years, but also if you could prove that it would be impossible because of the religious beliefs, you would be fine. 

I disagree.  Muslim religion permits meeting in person, maybe with a chaperone.  A waiver of the K-1 requirement to meet at least once in the two years prior to filing the I-129F is rarely approved.  I have never seen one in six years as a member of VJ.

 

OP, CR-1 is the superior visa.  Do not get married on the first visit, this is a huge red flag.  Multiple visits prior to marriage and filing the I-130 is the best path forward to show that the marriage relationship is bona fide.  It will take time and money, but if you are really doing this for love you'll find a way.  Good luck!

[Zed01203 3]

6 minutes ago, carmel34 said:

I disagree.  Muslim religion permits meeting in person, maybe with a chaperone.  A waiver of the K-1 requirement to meet at least once in the two years prior to filing the I-129F is rarely approved.  I have never seen one in six years as a member of VJ.

 

OP, CR-1 is the superior visa.  Do not get married on the first visit, this is a huge red flag.  Multiple visits prior to marriage and filing the I-130 is the best path forward to show that the marriage relationship is bona fide.  It will take time and money, but if you are really doing this for love you'll find a way.  Good luck!

Thank you I appreciate the advice I have decided to try and do 2 or more visits this year before doing the marriage

[Crazy Cat 41,814]

2 hours ago, JaneStaark said:

but also if you could prove that it would be impossible because of the religious beliefs, you would be fine. 

How many successful K-1 cases have you seen with no visits prior to filing?  I have seen exactly none.

Edited January 9 by Crazy Cat

[Boiler 45,451]

I am not sure why this was raised, there is nothing to suggest it would be applicable here and in numerous prior discussions on this subject people far more familiar with religious practices than I am have conformed it is not an issue.

 

I have seen one waiver granted I remember, a very different situation to this.