Getting married to an Indian K1 or K3

jawa7910

Registered Users (C)
Hi everyone
I am trying to figure out what is better to apply for either a K1 or K3. I am a US citizen who is engaged to a girl from India, near new delhi. The situation is unique in that we have not known each other for very long. (Kind of a long story to explain that is better not to go off inot a tangent.. It is a kind of arranged marriage, but not exactly traditional) Anyway we are trying to figure out the quickest and easiest way to get married for her to come to the US.

So far i have called the US immigration office and i have an overall basic understanding between the K1 and K3. The thing i dont know is what the speicific rules are for India.

For instance for the K1 i know they say you have to have evidence that you have known the person for two years prior to applying. Correct? It may be hard to prove this. My only idea would be that since I had been to India in 2005 and 2006 I could explain we met there. But we do not have any photographs or emails that may prove that.

We were thinking I could come to India in January and get married legally and then apply for the K3 visa there by submitting the I130 and the I129F. Someone who had done this a few years back explained that I would have to be in India for 60 days until I could submit the form. Is that true? Also in this case I may have to leave my job in order to spend 2 months in India. Would that affect the visa approval?

Thank you.
 
I am also getting married to a girl in India this November. I have known her for only 6 months. I have been also looking for information about K3 visa and have so far never come across the requirement that the US citizen has to be with the spouse for a minimum of 60 days. Where did you find this?

I will also keep looking and let you know if I find anything that confirms/negates the 60 day rule.
 
Can anyone help on this?

I have spoken with many people who said it is 60 days. Although I just found something from the New Delhi website..It seems that i would have to claim residency for 90 days prior to submitting the I-130..Although this started in 2006. I know someone who has gotten married last year and did not have this.

FORM I-130

An immigrant visa is required of anyone who wishes to enter the United States to reside there permanently, whether or not that person plans to seek employment in the United States.

The USCIS Office in New Delhi accepts Form I-130 [Petition for Alien Relative] by U.S. citizens
filing for the immigration of their family members classifiable as “immediate relative” except siblings irrespective of any age.

Immediate Relatives:

The following relatives of U.S. citizens are eligible to qualify for immigration in the immediate relative category.

Spouse or Minor Child of a U.S. Citizen:
An Immigrant Visa may only be processed for a child if he/she has no claim to U.S. citizenship.

Parent of a U.S. Citizen :
U.S. Citizen must be 21 or over

Step-parent or child of a U.S. Citizen:
Stepparent-stepchild relationship must occur before the child’s 18th birthday


Note: Grandparents, aunts, uncles, in-laws and cousins cannot sponsor a relative for immigration.

Effective June 1, 2006, U.S. citizens who wish to file an I-130 (Petition for Alien Relative) for their immediate relatives must provide evidence that they are residents of India. Proof of such residency will include a U.S. passport with an appropriate long-term, valid Indian visa and a Registration Report and Residential Permit issued by the Foreigner’s Regional Registration Office (FRRO) of the Government of India. Additional evidence should include, but is not limited to, on-going employment in India, taxes paid in India, rent/property receipts, and utility receipts in India. In most instances a finding of residency cannot be made with less than 90 days continuous presence in India.
United States Citizens may file their petitions between 9:00 AM and 12:00 Noon on all normal business days. The Petitioners must comply with the filing requirements of this Office.

United States Citizens MUST BE PRESENT to file their petitions. If a United States Citizen is filing for a spouse, it is recommended that the spouse also appear so that immigration officials may ask any questions necessary for the adjudication of the petition.

Applicants who do not meet the above residency requirements must file their petitions in the United States with the Service Center having jurisdiction over their place of residence. The address for the Service Centers can be found on the petition or on the website at www.uscis.gov.



Family Petitions (I-130)

I-130 Petition for Alien Relative
The U.S. Citizenship and Immigration Services at the U.S. Embassy in New Delhi accepts I-130 petitions from U.S. citizens who reside in India.
U.S. citizens whose principal residence is not in India, and/or are abroad temporarily as a visitor or on business, must file the petition in the United States.
If you are not eligible to file in New Delhi, you should file the petition with the U.S. Citizenship & Immigration Service Center having jurisdiction over your place of residence or last residence in the United States. Lawful Permanent Residents must file the petition in the United States.


Evidence of Residence
As per 8 CFR (33) The term "residence" means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent.

Proof of such residency will include a U.S. passport with an appropriate long-term, valid Indian visa and a Registration Report and Residential Permit issued by the Foreigner's Regional Registration Office (FRRO) of the Government of India. Additional evidence should include, but is not limited to, on-going employment in India, taxes paid in India, rent/property receipts, and utility receipts in India.

In most instances a finding of residency cannot be made with less than 90 days continuous presence in India.

Under no circumstances a petition can be filed with a foreign office of the Service or at an American consular post solely for the purpose of obtaining prompt action on a petition.
 
It seems to me that the 90 days residency is meant for those petitioners who are attempting to apply of their spouse through DCF (direct counsulate filing)....this is where the USC is living outside of the US and so instead of sending the paperwork to USCIS, the paperwork is filed to the consulate of the country which they are residing in (in this case New Dehli). If you are living in the States, you are both free to marry, you have met within the past 2 years, then you can file for the K1 as soon as youre ready (no requirement of living in India for x amount of days).
Oh and the 2 year requirement.....its not that you must have been together for at least 2 years.....its that you must have physically met within the past 2 years....you could have only been together for 4 months, met and fell madly in love and be eligible to apply.....just as long as you can prove that you have been in each others presence in the past 2 years.
 
Oh- and the petition for the visas are only filed at New Dehli if you are living in India....if you are living in the States, the petition will be sent to either Vermont or California.
 
Ok I am still confused..

First let me clear the situation..I am a US Citizen firstly and had met her in 2006 when i was in India, although we don't have any records we know each other until recently in September 2008 when i started collecting our emails, phone calls, etc. Since we dont have any photos either, we were thinking that getting married legally in India in January would be the best way. I would come there in January and get married legally and then we could file the I-130 petition.

If i am going this route people have told me i have to stay in India 60 days to be able to file the petition..is this correct?

K1 i believe is for fiance visa, which means i could only marry her after her visa is approved to come to the US. To get the visa approved i would have to create a strong case for our relationship. Since we don't have any photos together yet and our phone calls and emails would only record to September 2008 wouldn't that not prove a strong case?
 
Im not sure where the being in India for 60 days is from. Do you have a link showing this information. Many people have filed a petition for their fiances/spouses who have never set foot in their partners country, so I cant see why India would be any different. Ive just been browsing through a South Asia message board for spouse/fiance visas and nothing about 60 days has come up there. The only thing I can think is that if you are thinking of filing the petition directly to the New Dehli US embassy, then you need to meet the minimum residency requirements in India to be eligible to do so.....as you are living in the US then you will be filing the petition to either Vermont or California and do not need residency in India.

As for which visa....well that would all depend upon whether you both want to be separated as either an engaged couple or a married couple. At this point of the petition, you need to provide evidence that you meet the critera for a spousal/fiance visa such as proof that you have met in the past 2 years (ie, passport stamps, boarding passes, etc) and that you are both free to marry (a divorce decree if necessary). Proof of an ongoing relationship is needed when it comes to the interview stage at the consulate....this is when photos, emails, letters, cards, phone records are examined.

So yes, you could go to India in January, marry her, then return to the States and file for the spousal visa.....your wife would then be able to join you in the States in about 8-10 months time. Whilst being married will be in her favour, she will still need to have proof that the marriage is bonafide and have evidence that it is (photos, emails, letters etc) when it comes to her interview time at the consulate. If you go the K1 route, providing that you meet the requirements (free to marry and have proof that you have met in the past 2 years), then you can begin the paperwork now.
 
I dunno whether this will help you, but Ive just been doing a little browsing of some other forums. Here Ive copied and pasted the timelines of some people who are going through the K1 and spousal visas- hopefully this will give you an idea of how long people have been together before they filed, and how long the process has been for them.

Fiance Visa

K1

CASE 1
10/29/07: First time we met in Bangalore
11/19/07: Realized we were in love
02/22/08: Her next trip to India
04/18/08: She left India
05/30/08: My first trip to US
06/09/08: Last time I saw her
09/05/08: Mailed documents to Beth in US
09/27/08: Beth mailed I-129F to Vermont Service Center
(This couple are just at the beginning of the fiance visa process)

CASE 2
07/19/2007 - Filed I-129F
03/04/2008 - Interview
03/06/2008 - Receive VISA
03/13/2008 - US ENTRY Newark
03/20/2008 - Wedding

CASE 3
Oct 18, 2006: filed petition
April 13, 2007: INTERVIEW! Successful, Visa Granted!
May 25, 2007: USA Arrival! EAD at JFK
June 15, 2007: Married!




Spousal Visas

CR1/IR1

CASE 4
06/11/2007 Married
07/23/2007 Sent I-130 (priority date)
04/21/2008 CASE COMPLETE/ interview date JUNE 6th
06/06/2008 APPROVED

CASE 5
Nov 7th, 2007 Petition I-130 to Chicago
Jan 22nd, 2008 recieved by Chicago
Aug 5th,2008 Visa Approved.
Aug 17th, 2008 US entry.

CASE 6
12/06/2007: I-130 petition sent to Chicago Lockbox.
07/14/2008: Case transferred to Mumbai.
08/27/2008: Interview @ 7:30 am - Visa Approved
09/03/2008: US ENTRY CHICAGO


K3

CASE 7
I-130
Sent:03/02/07
I-129
Sent:03/14/2007
Interview: 11/06/2007
Visa received: 12/14/2007

CASE 8
08.28.07....Mailed I-130 petition
12.30.07....Mailed I-129F petition
06.06.08....K3 visa interview
06.19.08....US entry


I tried my best to find timelines where people had added detail about their relationship prior to the filing of the petition....the only one I could find though was 'case 1'.....this one shows that the petitioner has not been in India for 60 days, and has only been on trips there.

Hope this helps.
 
60 days came from several sources who have gone through same process in that they were a US citizen and the spouse being an Indian citizen. They went to India and got married and said it took 60 days until they were able to submit the I-130. The most annoying thing is that no one has been able to confirm this. But it seems that according to the information I got from the embassy it's now 90 days.

I spoke with someone who told me that yes i could come back to the US and submit the I-130 for my spouse here in America. The only problem is it would take twice as long to process. It would have to be sent back to India to be processed and it would take up to a year until her visa would be processed.

If i went to india in january and i then applied for a fiance visa would it be long enough period to be able to submit the I-129F? We would only be able to show emails and phone calls from sept-december and then we would have some photos of us together in January. Other than that i can show from my passport my visa that I had gone to India in 2005 and 2006.
 
K- well youre right about it taking a shorter period if you file the I-130 directly to the Indian embassy....though this is reserved for US citizens who are currently living in India. Its not just a case of going to India, marrying, staying for 90 days and then filing, you need to meet the below requirements to be eligible to file this way and have an Indian residential permit etc. If you can achieve this, then of course this may be the route for you and will speed the process up by a few months (90 days minimum presence in India plus then the 6 months for the visa to be processed).

"Effective June 1, 2006, U.S. citizens who wish to file an I-130 (Petition for Alien Relative) for their immediate relatives must [I]provide evidence that they are residents of India[/I]. Proof of such residency will include a U.S. passport with an appropriate long-term, valid Indian visa and a [I]Registration Report and Residential Permit issued by the Foreigner’s Regional Registration Office (FRRO) of the Government of India[/I]. Additional evidence should include, but is not limited to, on-going employment in India, taxes paid in India, rent/property receipts, and utility receipts in India. In most instances a finding of residency cannot be made with less than 90 days continuous presence in India."

As for the K1 route, then as long as you are truthful and have evidence to back that up, then that is fine. What the consular officiers are wanting is proof that you have both entered a valid, bona fide relationship that is not being used for immigration benefit, so start saving everything now. Your entry stamps will prove that you have entered India and back up your story as to when you met. Lots of people arent aware of what is required of the immigration process before they enter into an agreement of marriage and so dont save emails, chat logs etc prior to filing a petition, so you should be fine. So long as you are both honest as to the length of your relationship and you should be fine. I was recently reading a thread where a guy was petitioning his fiance from Thailand...they had been together 4 months before they filed, however the guy decided to make the relationship longer and made up some dates. During the interview he got all muddled up, gave conflicting information and the visa was denied....had he just been honest with the dates, then he would have been fine. So your evidence of length of relationship is fine.....if they want to know why you dont have any emails dating further back than Sept, just be honest....you didnt see the need to save it, then when it came to filing a petition you realised this evidence may be needed therefore you starting saving since- therefore you have evidence to show a relationship 5 months before your filing date (if you do file in January) plus evidence of on going relationship during the process. Take lots of piccies whilst youre over there, include her family members in them, different locations etc. Ive also just been reading some accounts of the visa interview in New Dehli, and sometimes they dont even ask to see the evidence (Im from the UK and I never got asked to show mine either).

Heres the interview account if youre interested.

This was my fiancee's 4th visit to the New Delhi Embassy. The prior three I have written up comments for, and were related to submitting forms for the K-1 visa and picking up packets.

She arrived at the Embassy at 7:00 AM, and they let her in at 7:30 AM. There were a LOT of people there, even at 7:00 AM.

First they collected everyone's interview letters.

Then the called people by name to a counter.

At the counter, she spoke with an Indian Consular official who was very polite, nice, and friendly. He asked her a large number of questions, which she happily answered:

1. How is Parag related to you?
2. Have you been to the U.S.?
3. When exactly?
4. How long did you stay each time?
5. Did you ever overstay any visa?
6. Have you ever been refused a visa to the U.S.?
7. When?
8. For what reasons were you refused?
9. Do you have any relatives in the U.S. that came from India?
10. What are the statuses of each of them?
11. How did each of them enter the U.S., and on what visa?
12. Where do they all live in the U.S.?
13. Where does Parag live?
14. Will this be your first wedding?
15. Will this be his first wedding?
16. Why did your brother come on a visitor visa and then apply for a student visa?
17. Why did your sister want to marry a U.S. visa holder?
18. Do you have your medical report?
19. Why was your sealed medical report opened? (VFS opened it)
20. Show me your old passport? (He took both the new and old passport, and stapled them together.)

She had evidence to back up her answers, but he was not interested in seeing anything. He handed her back all the evidence from VFS as well. He then stated that they require the DS-156 to be handwritten, not typed. (We never received Packet 3, so I don't know if that is in the instructions - I know it is not in the instructions for Packet 3 for Mumbai which is online.)

The Indian consular offical gave her a new form DS-156 and asked her to copy in her own handwriting each and every answer from the typed DS-156 she submitted, and then sign it and return it to him pronto. He also returned all of her 2x2 passporth photos, and told her he would take them later.

After she filled out DS-156 and gave it back to him, he instructed her to pay the INR 4200 rupee fee and wait for the 2nd interview.

While she was waiting, she noticed VFS officials bringing in suitcases filled of files to the Embassy. These are probably for interviews later in the week. She even recognized some of the officials from when she was at VFS.

The second interview was at a different counter, with an American consular official. He was polite, nice and friendly as well. My fiancee said he laughed a lot and was very jolly. He also made a lot of pleasant jokes.

First, he asked her to take the oath that she will tell the truth.
Then, he asked for her fingerprints. Then he asked her to press her fingers harder, as it was not registering in his system.
Next, he asked the following questions:

1. What are your qualifications?
2. Whet school did you do your 10+2 from?
3. Where was that school located?
4. In what state was that school?
5. Where did you do you college?
6. What does Parag do? (She said I was an Architect)
7. Does he build buildings? (No, Computer Architect)
8. How have you met Parag?
9. When exactly did he arrive in India?
10. Did you know him before he arrived?
11. How did you know him?
12. What is your family's involvement?
13. What is his family's involvement?
14. Is this going to be a love marriage or arranged marriage?
15. Explain again what kind of marriage this is, in detail please.
16. What are Parag's qualifications?
17. Who introduced you?
18. When is he coming to India again?

Then he said, congratulations, you got the visa. Please sign this DS-156K. You will receive your passport in a week.

She left the Embassy before 2 pm.

http://www.visajourney.com/forums/index.php?showtopic=87398&hl=time+together
 
Wow. That is a lot of questions for a K-1 interview. I had my K-1 interview in Montreal in 2002 and this is all I was asked:-

Consul: "How did you meet?"
Me: "On the Internet"
Consul: "After how long did you meet in real life?"
Me: "Three months"
Consul: "When was that?"
Me: "Last weekend of May"
Consul: "May of this year?"
Me: "Yes"
Consul: "First marriage for both of you?"
Me: "Yes"
Consul: "Any kids for either one of you?"
Me: "No"


At the counter, she spoke with an Indian Consular official who was very polite, nice, and friendly. He asked her a large number of questions, which she happily answered:

1. How is Parag related to you?
2. Have you been to the U.S.?
3. When exactly?
4. How long did you stay each time?
5. Did you ever overstay any visa?
6. Have you ever been refused a visa to the U.S.?
7. When?
8. For what reasons were you refused?
9. Do you have any relatives in the U.S. that came from India?
10. What are the statuses of each of them?
11. How did each of them enter the U.S., and on what visa?
12. Where do they all live in the U.S.?
13. Where does Parag live?
14. Will this be your first wedding?
15. Will this be his first wedding?
16. Why did your brother come on a visitor visa and then apply for a student visa?
17. Why did your sister want to marry a U.S. visa holder?
18. Do you have your medical report?
19. Why was your sealed medical report opened? (VFS opened it)
20. Show me your old passport? (He took both the new and old passport, and stapled them together.)

The second interview was at a different counter, with an American consular official.

1. What are your qualifications?
2. Whet school did you do your 10+2 from?
3. Where was that school located?
4. In what state was that school?
5. Where did you do you college?
6. What does Parag do? (She said I was an Architect)
7. Does he build buildings? (No, Computer Architect)
8. How have you met Parag?
9. When exactly did he arrive in India?
10. Did you know him before he arrived?
11. How did you know him?
12. What is your family's involvement?
13. What is his family's involvement?
14. Is this going to be a love marriage or arranged marriage?
15. Explain again what kind of marriage this is, in detail please.
16. What are Parag's qualifications?
17. Who introduced you?
18. When is he coming to India again?
 
Yeah- that is a tonne.
Different people have different experiences with the whole consulate experience. My personal experience was very much like yours Triple Citizen- I only got a asked a few questions. Infact....the interviewing officier spent more time telling me about the conditions of the K1 visa itself than actually questionning me.
I suppose it all depends on the consulate itself and whether the officier has any concerns over the validity of the relationship.
 
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