Applied K-1 then got married outside the US

[Sam he Amy 0]

Happy Chinese New Year all,

I recently applied for the K-1 visa (Jan 30, 2010). As I am currently living and working in China with my girlfriend, we are planning to have a wedding ceremony here in China with her family.

I assume that having a wedding ceremony will not affect the visa application but what if we get married officially by the Chinese government? The reason I am thinking about getting officially married through the Chinese government is because I am eligible for 2 weeks off work and would like to take a much needed vacation.

thanks for your help and I did use the search function but was unable to find anything related.

[Scott and Mhay 57]

As long as you have a religious ceremony only and dont register it, you should be fine......If you decide to go all the way and register it, you will have to start all over again and submit the I-130 and pay $355 for that. (basically at this point you will have just paid the USCIS $455 for nothing, but the spouse visa is better and maybe you are able to DCF?? How long have you lived there...most cases you have to live in the country for 6 months, but DCF is faster than filing with the USCIS) You would probably have to withdraw the K-1 petition too.

Edited February 26, 2010 by Scott and Mhay

[christeen 966]

Well, if you get married, then you are no longer eligible for the K1 as you are no longer petitioning for a fiance, but a spouse... you will give up the K1 and have to start from scratch with a CR1 visa...

[Darnell 8,478]

we get married officially by the Chinese government

then you are no longer eligible for the K-1 visa.

That marriage is GLOBAL, buddy, and in China, it's just 2 minutes of paperwork at the clerks office.

K-1 visa is for fiance's - to come to usa, to get married IN the usa.

I suggest a different route for you -

Since you've been living in China all this time, you qualify for a DCF'd I-130.

You can file this in BeiJing, the day after you are officially married.

I suggest you forget about the K-1, totally -

the DCF'd I-130 is much faster in China - about 4 months, start to finish, from 'submittal' to 'interview day'

POST BACK if ya get stumped, about it, ya?

Edited February 26, 2010 by Darnell

[pushbrk 12,824]

we get married officially by the Chinese government

then you are no longer eligible for the K-1 visa.

That marriage is GLOBAL, buddy, and in China, it's just 2 minutes of paperwork at the clerks office.

K-1 visa is for fiance's - to come to usa, to get married IN the usa.

I suggest a different route for you -

Since you've been living in China all this time, you qualify for a DCF'd I-130.

You can file this in BeiJing, the day after you are officially married.

I suggest you forget about the K-1, totally -

the DCF'd I-130 is much faster in China - about 4 months, start to finish, from 'submittal' to 'interview day'

POST BACK if ya get stumped, about it, ya?

Married is Married. Married folks don't have fiancees.

[chris_in_nyc 0]

Will USCIS/NVC/US Consulate actually check for overseas marriage status? I was under the assumption that their primary interest is blocking fake marriages or the bringing of multiple K-1 fiance/es into the U.S.

We are also having a ceremony overseas and we've been debating whether to get registered there. Her mother wants us to, but I am against it because of some dual-citizenship issues for me.

Edited February 26, 2010 by chris_in_nyc

[TracyTN 237]

I don't get how there's a grey area here. If you have a ceremony and have it registered, you are married - and by that definition, a K1 visa is no longer an option for you.

[chris_in_nyc 0]

I don't get how there's a grey area here. If you have a ceremony and have it registered, you are married - and by that definition, a K1 visa is no longer an option for you.

The same grey area under which a U.S. citizen can have dual nationality ..

Only requirement I can find is that you must use your U.S. passport to enter/exit the U.S. The gov't apparently does not concern itself with how other countries view your status.

[TracyTN 237]

I guess I don't see dual citizenship and being married or not as quite the same thing. But I'm funny that way.

[pushbrk 12,824]

I guess I don't see dual citizenship and being married or not as quite the same thing. But I'm funny that way.

It's not a grey area. You are either married or you are not. We recently had a thread where the petitioner completely screwed up their life by marrying again in the USA after having married abroad. If countries didn't recognize marriages that took place in other countries, some people would need several weddings. The US doesn't recognize plural marriages for immigration purposes regardless of where they are performed. Otherwise, married is married.

[Penguin_ie 5,993]

Will USCIS/NVC/US Consulate actually check for overseas marriage status?

I don't think they check everyone, but they do sometimes, especially if they suspect a K1 applicant is married based on photos, wedding rings, statements from friends and family, mention of 'wife" in emails or whatever. If they find out you lied and said you were not legally marriedwhen you are, that is missrepresentation, and may lead to a lifetime ban for the foreigner and jail time for the USC.

[TracyTN 237]

It's not a grey area. You are either married or you are not. We recently had a thread where the petitioner completely screwed up their life by marrying again in the USA after having married abroad. If countries didn't recognize marriages that took place in other countries, some people would need several weddings. The US doesn't recognize plural marriages for immigration purposes regardless of where they are performed. Otherwise, married is married.

[Deputy Purple 1,294]

Will USCIS/NVC/US Consulate actually check for overseas marriage status? I was under the assumption that their primary interest is blocking fake marriages or the bringing of multiple K-1 fiance/es into the U.S.

Some countries (the Philippines for example) have a central registry for this type of records. I've heard that some communist countries have "Family Books" which may indicate married status also. If this is the case then most likely the local US Embassy will require a document to prove that your "Fiancee" is single.

Anyway, regardless of that you are aware that misrepresentation is immigration fraud and can result in criminal charges for the US Citizen and a lifetime entry ban for the foreign national, right? Why take the risk?

We are also having a ceremony overseas and we've been debating whether to get registered there. Her mother wants us to, but I am against it because of some dual-citizenship issues for me.

How do "Dual Citizenship Issues" come into play with regards to where you get married?

[Mikedmaster 1]

I don't get how there's a grey area here. If you have a ceremony and have it registered, you are married - and by that definition, a K1 visa is no longer an option for you.

Furthermore the OP will have to submit a marriage certificate with the AOS package. I dont think all the dates will jive if he chooses to get married before the K1 is approved. So even if they dont checked initially; it will be an issued later on. It is best NOT to let emotions get the better of you....

[chris_in_nyc 0]

Yeah, I get it and it all makes sense. Frankly I didn't really think about this issue until I read the post earlier, but of course we'd never act on anything without thoroughly researching it.

Thanks for your comments.