K-1 Petition already filed for US -- can we have a marriage ceremony in both countries?

[Smizzy 0]

Hello All,

I was hoping you fine folks could help out with something that I'm newly concerned about. I'm a US citizen and my fiancee is an Australian citizen and we've already submitted the petition for the K1 visa at the VSC (we waited a lot longer than we should have). We have already planned a wedding in Australia in November and I highly doubt that the K-1 visa for my fiancee would be granted by then. We're also planning an additional reception here in the US for my friends and family.

What concerns me is that, technically, we would already be married in Australia by the time my fiancee would be called in for the interview at the consulate there. Is this something I need to worry about? The original plan was to file for the K1 in advance, obtain the visa, have a ceremony in Australia for her family and friends, and then come back to the US for a court marriage and another reception for my family and friends.

Any advice would be greatly appreciated. Much thanks!

[Anh map 2,098]

If you are married your fiance will not be issued a K1 visa.

[Danu 19]

As long as you don't file the paperwork to make you legally wed in that country, there shouldnt be an issue. I wouldnt get her to bring any pictures of it to the interview and makes sure she doesnt call you her husband or they will think you have married and make you start over on a K3.

[Smizzy 0]

As long as you don't file the paperwork to make you legally wed in that country, there shouldnt be an issue. I wouldnt get her to bring any pictures of it to the interview and makes sure she doesnt call you her husband or they will think you have married and make you start over on a K3.

Thanks for the replies. We probably should of thought this through a bit better in the beginning.

[luv2teach77 41]

You're applying for a Fiancee visa. Performing anything that could even be interpreted as a wedding (legally binding or not) could invalidate or seriously hamper your K-1 application. Play safe and leave the wedding ceremonies until after you've been granted the visa.

[baron555 934]

Hello All,

I was hoping you fine folks could help out with something that I'm newly concerned about. I'm a US citizen and my fiancee is an Australian citizen and we've already submitted the petition for the K1 visa at the VSC (we waited a lot longer than we should have). We have already planned a wedding in Australia in November and I highly doubt that the K-1 visa for my fiancee would be granted by then. We're also planning an additional reception here in the US for my friends and family.

What concerns me is that, technically, we would already be married in Australia by the time my fiancee would be called in for the interview at the consulate there. Is this something I need to worry about? The original plan was to file for the K1 in advance, obtain the visa, have a ceremony in Australia for her family and friends, and then come back to the US for a court marriage and another reception for my family and friends.

Any advice would be greatly appreciated. Much thanks!

No, nothing to worry about. You getting married before completing the K-1 process properly will just get you a denial and go away from the consulate. Then you merely refile with a K-3 or CR-1 petition and go down that path. Very simple.

[baron555 934]

As long as you don't file the paperwork to make you legally wed in that country, there shouldnt be an issue. I wouldnt get her to bring any pictures of it to the interview and makes sure she doesnt call you her husband or they will think you have married and make you start over on a K3.

What is described here is visa fraud. Not a problem, worst case if they find out is that she is banned for life. Not at issue; Australia is a nice place.

[payxibka 10,045]

Hello All,

I was hoping you fine folks could help out with something that I'm newly concerned about. I'm a US citizen and my fiancee is an Australian citizen and we've already submitted the petition for the K1 visa at the VSC (we waited a lot longer than we should have). We have already planned a wedding in Australia in November and I highly doubt that the K-1 visa for my fiancee would be granted by then. We're also planning an additional reception here in the US for my friends and family.

What concerns me is that, technically, we would already be married in Australia by the time my fiancee would be called in for the interview at the consulate there. Is this something I need to worry about? The original plan was to file for the K1 in advance, obtain the visa, have a ceremony in Australia for her family and friends, and then come back to the US for a court marriage and another reception for my family and friends.

Any advice would be greatly appreciated. Much thanks!

do it the other way around... have just a "reception" in Australia and the legal marriage event in the USA...

[ddartt1 2]

You're applying for a Fiancee visa. Performing anything that could even be interpreted as a wedding (legally binding or not) could invalidate or seriously hamper your K-1 application. Play safe and leave the wedding ceremonies until after you've been granted the visa.

[NewYorkSydney 0]

Hey Smizzy

I am in the same predicement as you. My fianance is from NY and I am from Sydney Australia. We would like to have a wedding service here in Australia but understand that we need to marry in the US first.

We are planning on having a civil ceremony in the US first and then applying for advance paraole to have a wedding service here. I sort of feel that if we leave it to long it defeats the purpose of having a wedding here if too much time has lapsed so that is partly the reason we want to apply ASAP for an AP document.

Can anyone tell me if we are ok to do this?? Has anyone else done this?

[Danu 19]

As long as you don't file the paperwork to make you legally wed in that country, there shouldnt be an issue. I wouldnt get her to bring any pictures of it to the interview and makes sure she doesnt call you her husband or they will think you have married and make you start over on a K3.

What is described here is visa fraud. Not a problem, worst case if they find out is that she is banned for life. Not at issue; Australia is a nice place.

Explain to me how exactly it is fraud to have a ceremony only with no legal contract for marriage that makes you legally married in that country? Lots of people on this board have done the same thing, ceremony/reception with NO marriage certificate, they file for marriage in the states. Re-read my statement before you try to tell me I am telling people to do things that are illegal.

[TracyTN 237]

Hello All,

I was hoping you fine folks could help out with something that I'm newly concerned about. I'm a US citizen and my fiancee is an Australian citizen and we've already submitted the petition for the K1 visa at the VSC (we waited a lot longer than we should have). We have already planned a wedding in Australia in November and I highly doubt that the K-1 visa for my fiancee would be granted by then. We're also planning an additional reception here in the US for my friends and family.

What concerns me is that, technically, we would already be married in Australia by the time my fiancee would be called in for the interview at the consulate there. Is this something I need to worry about? The original plan was to file for the K1 in advance, obtain the visa, have a ceremony in Australia for her family and friends, and then come back to the US for a court marriage and another reception for my family and friends.

Any advice would be greatly appreciated. Much thanks!

do it the other way around... have just a "reception" in Australia and the legal marriage event in the USA...

[Nicoxcx 1]

Hey Smizzy

I am in the same predicement as you. My fianance is from NY and I am from Sydney Australia. We would like to have a wedding service here in Australia but understand that we need to marry in the US first.

We are planning on having a civil ceremony in the US first and then applying for advance paraole to have a wedding service here. I sort of feel that if we leave it to long it defeats the purpose of having a wedding here if too much time has lapsed so that is partly the reason we want to apply ASAP for an AP document.

Can anyone tell me if we are ok to do this?? Has anyone else done this?

This is the path most K1's take although it would be considered renewing your vows. We always planned to renew our vows and do the whole big wedding in Scotland very soon .

[gethere 0]

I really think you should be applying for the K3 visa. They have record of everything and if you're legally married it would show up

and they would tell you to do the same