HELP! K-VISA, getting Married?

**amiriniran** · 2nd February 2009, 05:44 AM

Hi,

I have some important legal questions about US ‘Fiancée K Visa’ programs and getting married to an American, and of course all the current legal procedures and rules involved. In fact, I did not know until today there are different kinds of ‘K Visa’. Please therefore tell me as much as you know about this visa and your related past experences. You may of course send me LINKS to other useful websites and online discussion forums where I would be locate and access up-to-date information on this very topic.

FYI we met online over 3 years ago but never met in person. What is the best thing for me to do then? Ask her to first come visit me to get married outside US? or should I go ahead and apply for K Visa first and then go to US? She is an american and I am not! What version of K Visa is most suited for me, in your opinion?

Thank you for your help! I very much appreciate it. Bye.Amir

**elcupacabras** · 2nd February 2009, 09:52 AM

In order to successfully file for a K visa, it is a requirement that you both MUST have met in person at least one time in the past 2 years. If you dont meet this requirement and you file for a visa, then it will be denied and you will not get a refund of your visa fees.

The difference between the visas are:
K1...this is a fiance visa where you must be unmarried when entering the US on this visa.
K3...this is a spousal visa. So if you apply for a K1, and get married before you get the visa, the K1 will be voided and you must apply for a spousal visa.
CR1/IR1...this is also a spousal visa, though it is much better than a K3.

The most important thing you must do though is meet in person. That should be your primary concern at the moment. Without fulfilling this obligation, then any visa application would be worthless.

**amiriniran** · 2nd February 2009, 03:45 PM

hi No. 1.
thanks for your quick reply. i have seen your previous, detailed responses to other similar questions. Yes i know about "my primary concern" as you put it, and the fact that the 2 parties must have met in person before applying for K Visa. So here is what I have to say. I know there is a waiver to that rule. In short, I am from Iran (yes axis of evil Iran) and it is often very difficult for Iranians especially single Iranian males to get tourist visa to US ,not to mention the fact there is NO American embassy in Iran! Further, Iran does NOT issue tourist visa to American tourists for independent travel at all -- UNLESS they come on a guided tour which are, among others, usually very expensive! And I have been taking care of my ill parents during the last few years. FYI my mom just died in January this year from cancer. Anyway, what do you think I should do? should I still try to ask for a waiver on that requirement or ask my my American gal to come to Turkey (Iran neighbor) for us to meet? Yes I have met her online but I have known her for more than 3 years. Thank you for your help. Others may comment as well. Bye. Amir
PS I forgot. 2 more questions. what is the best visa type for me considering what I have said above, K1 or CR1/IR1? and is it better to get married FIRST in a country like Turkey where both of us actually could meet in person or should I go for K Visa first and then LATER marry in US? Thanks.

**Triple Citizen** · 2nd February 2009, 03:54 PM

Meet in Turkey or Pakistan and go the K-1 route.

Originally Posted by amiriniran

Anyway, what do you think I should do? should I still try to ask for a waiver on that requirement or ask my my American gal to come to Turkey (Iran neighbor) for us to meet?

**elcupacabras** · 2nd February 2009, 05:26 PM

Hi.
There is a waiver that can be filed, but the success rate for such a waiver is significantly low. This is for people who physically cant leave their countries (due to extreme medical situations), and even then its not guaranteed. Not being able to get a visa for each others country is not a valid reason as there are other countries (which you have already stated as a possibility) that you could meet in to fulfill the requirement. Because that option is there, then filing the waiver in my opinion would be a waste of time (and money as your petition will be denied and you wont get a refund).

As to whether you file the K1 or CR1/IR1...that depends on whether you want to be separated as either an engaged couple or a married couple. The K1 may be the quickest route to a visa but this is not guaranteed. Which one you go for will be which ever one suits you both personally.

**amiriniran** · 3rd February 2009, 02:39 PM

Hi Everyone,
More comments are welcome. Please also tell me more about CR1 Visa. How is it different from K-1? Thanks.Amir

**elcupacabras** · 3rd February 2009, 05:38 PM

Originally Posted by elcupacabras

The difference between the visas are:
K1...this is a fiance visa where you must be unmarried when entering the US on this visa.
K3...this is a spousal visa. So if you apply for a K1, and get married before you get the visa, the K1 will be voided and you must apply for a spousal visa.
CR1/IR1...this is also a spousal visa, though it is much better than a K3.

Please refer to my first post that I wrote where I explain the difference between a K1 and CR1.