Marriage in a foreign country

[bwaldin 0]

Hello All,

My 129F is already on its way through the system, but there is one complicating factor that I wanted to know if somone else knew about or had dealt with. Because my fiance is moving to the US we thought it fitting to have our wedding in Austria (where she is from), can she come into the US on a K1 if we get married the week before she comes in on the visa? The US recognizes marriages performed in Austria pretty much like as if it were done in the states, so that isnt really the issue. The main problem I can see is that she will be issued new documents with her new married name (including passport, and other official documents) before she comes to the US. Will they let her in with these new documents if we can provide the wedding certificate? I thought possibly if she waited on changing the documents that she could come into the US with her existing passport, and then we can get the foreign marriage certificate notarized, file for change of status and she can change her documents afterwards. Can anyone help answer my questions? Would be much appreciated. Thanks

Ben

[gwenneh 7]

If you are already married then you cannot receive or use a K-1 visa. You would have to wait until after the wedding and file for a K-3, and remain outside of the US until the process is complete.

[bwaldin 0]

I asked the people at the consulate in Austria wether this would be a problem and they said no, I didnt go into details. If we dont tell them we got married before hand I dont see why it should be a problem. We can even get married again in the US if need be. I just want to make sure that i dont screw things up so that she is stuck with an invalid visa

[pax 0]

If you get married, she cannot use the K-1 visa. Maybe the "someone" you talked to in Vienna was the receptionist or something.

It's going to be a big fat tip-off if her passport is in her married name and her visa packet is in her maiden name!

Edited February 17, 2006 by pax

[zyggy 9]

If you get married, she cannot use the K-1 visa. Maybe the "someone" you talked to in Vienna was the receptionist or something.

It's going to be a big fat tip-off if her passport is in her married name and her visa packet is in her maiden name!

It's pretty easy.. if you get married in a legal ceremony, then you cannot use a K1 visa. The K1 visa is ONLY to have an unmarried person get married in the US.

If you get married in a non-legal ceremony and the COnsulate gets wind of it, then they will either deny the K1 visa because they believe you are already married or will require you to submit evidence that you are not in fact married before they will issue you the visa. While it is easy to prove one is married, it is difficult to prove that one is not married.

If you are caught by CBP, they won't even wait, they'll just cancel the visa and send you on the next plane back home.

If the USCIS gets wind of the marriage during AOS, they'll deny the adjustment and begin removal proceedings.

All in all.. it's just not worth the risk... If you wish to get married in a foreign country, go the K3 route.

Edited February 17, 2006 by zyggy

[raymaga 25]

The K-1 Visa is called a "Fiance" Visa, so you must be a Fiance, not a wife, when you enter the U.S.

If you want to get married outside of the U.S., you will have to apply for the K-3 Visa and get approval before your wife can move to the U.S.

It would be a whole lot easier for you to just get married in the U.S., and then after your wife is able to travel outside the U.S. (with either AP or her Green Card), then you could go back to Austria and have another ceremony there.

Telling lies to USCIS is the worst "no-no" there is. I wouldn't risk it for fear of being banned for the 3 or 10 years.

[lucyrich 20]

Once she's married, she can't use a K-1 visa to enter. Entering after marriage (even a supposedly "ceremonial" wedding that really wasn't legally binding) is the most common reason I've heard of for K-1 holders to be turned away at the POE. She has the burden of proof, so if there is any doubt about her marital status, she gets turned away.

If she hides the marriage from the officer to try and get in, she's guilty of concealing a material fact, and subject to a lifetime bar from entry to the US. Even if she doesn't get caught at the POE, she'll have to go through adjustment of status. During the AoS process, she'll have the burden of proving her most recent entry to the US was legal (in other words, proving she was single when she entered on the K-1). And she'll have to prove her wedding day and prove she was married in the US.

Nope, if you want a marriage outside the US, it's either K-3 or CR-1 time. An alternate is to do the K-1, have a legally binding wedding in the US, then after applying for and receiving AP, go abroad for a ceremonial celebration.

You can do as many ceremonial celebrations as you want, but for immigration purposes, you only get to have one legally binding wedding. Since you have the burden of proving marital status, that legally binding wedding should be before (or concurrent with) any ceremonial celebrations. Don't have the ceremony before the legal wedding. If you intend to enter on a K-1 and adjust status, then the legally binding wedding must happen inside the US after entering on the K-1.

[lucyrich 20]

Telling lies to USCIS is the worst "no-no" there is. I wouldn't risk it for fear of being banned for the 3 or 10 years.

Actually, there are 3/10 year bars for overstaying more than 180 days or a year, respectively. Overstay or entry without inspection is serious enough, but eventually forgiveable. Telling lies to the USCIS or CBP is a much more serious offense. It carries a lifetime bar.

[Yodrak 7]

Ben,

You should have. The devil is always in the details.

Yodrak

I asked the people at the consulate in Austria wether this would be a problem and they said no, I didnt go into details. ...

[rebeccajo 14]

And here is the killer detail. Even if you were able to pull everything else off, when you file AOS you MUST send in your recorded marriage certificate.

A marriage certificate from a foreign country?

Denial.

Deportation?

Ben,

You should have. The devil is always in the details.

Yodrak

I asked the people at the consulate in Austria wether this would be a problem and they said no, I didnt go into details. ...

[Cristy 4]

I don't understand why this is so confusing. It is a fiance visa....to enter as a fiance.

[bwaldin 0]

Alright seems pretty clear that marriage outside the country is an absolute NO. The FAQ says that unofficial ceremonies are ok as long as they are not legally binding, has anyone experienced a denial of AOS purely based on a non-legally binding ceremony? I will be sure to get proper documentation from the people performing the ceremony asserting that it isnt legally binding. As long as we have a US marriage certificate it should be fine right?

Not to sound crude or anything but it isnt as if i just met my fiance and we're getting married after a short time. We have been together for 5 years and spent 2 of them living in eachothers native countries. I dont think we should have a hard time proving that our marriage is legitimate.

[scy 0]

Austria doesn't have legally binding religious marriages. Only civil ones are legally binding.

http://www.helplinelaw.com/law/austria/marriage/marriage.php

You can have as big a wedding as you like but just remember not to wear wedding bands when you go interview or POE.

[bwaldin 0]

Thanks SCY thats great evidence if we are questioned about it!

[*Robert* 2]

My personal opinion is that you should have your "religious ceremony" with her family and friends, keeping it completely symbolic in order to make her family feel included, since they will not be able to attend your legal marriage ceremony in the U.S..

Regardless of anything else you do, you will HAVE to get married here in the U.S. so you can submit the copy of your marriage certificate with your AOS package.