Marrying outside US but still coming in K-1 Visa - Possible?

[fashr001 0]

I am a US citizen and my fiance isn't. I have applied for K-1 Fiance visa. Her family wants the wedding to take place in their home country. If we get married in her home country can I still bring her to the US under K-1 Fiance visa without doing the paperwork for a marriage certificate in her home country? I'm aware that we'll have to get married again within 90 days. Or will I have to file for K-3 visa and wait to bring her to the US? Will there be any kind of hold up in the rest of the paper work process if we do this?

If I have to go the K-3 Visa route, anyway we can be together to the US while her Visa is being processed?

Thanks for your help.

Edited December 3, 2009 by fashr001

[milimelo 4,466]

No. You would then have to start with a new application - this time for your spouse so CR-1 visa.

[payxibka 10,045]

I am a US citizen and my fiance isn't. I have applied for K-1 Fiance visa. Her family wants the wedding to take place in their home country. If we get married in her home country can I still bring her to the US under K-1 Fiance visa without doing the paperwork for a marriage certificate in her home country? I'm aware that we'll have to get married again within 90 days. Or will I have to file for K-3 visa and wait to bring her to the US? Will there be any kind of hold up in the rest of the paper work process if we do this?

Thanks for your help.

Your fiancee MUST arrive in the US as a FIANCEE and not as a SPOUSE....

If you get legally married outside the USA then you will need to restart in whole the visa petition/application process...

[thongd4me 69]

I am a US citizen and my fiance isn't. I have applied for K-1 Fiance visa. Her family wants the wedding to take place in their home country. If we get married in her home country can I still bring her to the US under K-1 Fiance visa without doing the paperwork for a marriage certificate in her home country? I'm aware that we'll have to get married again within 90 days. Or will I have to file for K-3 visa and wait to bring her to the US? Will there be any kind of hold up in the rest of the paper work process if we do this?

If I have to go the K-3 Visa route, anyway we can be together to the US while her Visa is being processed?

Thanks for your help.

This depends, depending on your country and it's better to have K-1 experts in the India group answer this,

because in Thailand you can get married in a religious ceremony (for the family's benefit) and omit the

civil registration of the union and you won't be married officially when the K-1 is applied for. In other

countries, you may have to register in order to have the wedding.

In any case, if you are officially married you can't do a K-1.

You must find out and know what makes an official marriage in India.

[YuAndDan 153]

When did you file for the K-1?? http://www.visajourney.com/timeline/profile.php?id=77150

[fashr001 0]

If I have to apply for Spouse Visa she'll have to remain in india till the visa is processed correct? Any way I can bring her with me after the wedding?

[fashr001 0]

When did you file for the K-1?? http://www.visajourney.com/timeline/profile.php?id=77150

Will do. Just mailed it.

[payxibka 10,045]

If I have to apply for Spouse Visa she'll have to remain in india till the visa is processed correct? Any way I can bring her with me after the wedding?

yes, she would have to remain until she has a valid & proper visa...

the only option in the interim would be a tourist visa... not sure how easy it is to get on in india

[thongd4me 69]

If I have to apply for Spouse Visa she'll have to remain in india till the visa is processed correct? Any way I can bring her with me after the wedding?

Wedding or after wedding doesn't matter (as long as the wedding is not official - check with India K-1 filers for more info).

What matters is if you get the visa then you can come as a fiancee - you can't be officially married to do that.

She will have to remain in India until the visa is approved.

If you said you DID file your K-1 petition,

[YuAndDan 153]

If I have to apply for Spouse Visa she'll have to remain in india till the visa is processed correct? Any way I can bring her with me after the wedding?

FAQ: 4.6)...Can my fiance(e) come to the US to visit me once the visa process is started?

[Minya's wife 24]

If I have to apply for Spouse Visa she'll have to remain in india till the visa is processed correct? Any way I can bring her with me after the wedding?

You can bring your 'fiancee' to the US with you, if she interviews and receives a tourist visa. Though having married, and having a spousal visa petition being processed, it will be a little tough to prove 'non-immigrant' intent, which is a key factor in being approved for a tourist visa.

[YuAndDan 153]

Moving this to the K-1 forum, because this is what you are currently doing and are asking about options.

One note about K-3

If considering K-3 think carefully about it. CR-1 and K-3 tend to take about the same time, K-3 may save you about a month, however the K-3 has the added pain of adjustment of status, and it NOT a work authorized visa, so also has the added period of limbo waiting for EAD to be able to do things like take a job, get SSN, etc...

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

Also you will be forfeiting the $455 already paid for K-1.

[lucyrich 20]

Others have covered the basic issue: a K-1 is for fiancees only, and cannot be used once you are married.

If you have something that looks like a wedding but is not a legally binding marriage, then theoretically, you can still use the K-1. But there's nevertheless a problem. In immigration matters, you always have the burden of proving eligibility. So when you reach the port of entry, you have the burden of proving that you are not married. And when you adjust status, you have the burden of proving that you were not married at the time you entered the US. If any evidence is uncovered that indicates you might have been married at the time you entered the US, then you must counter this evidence with more substantial evidence that shows you were NOT MARRIED.

Every once in awhile, we hear of a K-1 person entering the US with a wedding ring, or with wedding photos, and being denied entry by the border inspector because the inspector thought the couple was married. Sometimes couples consider themselves married even if the legal paperwork isn't finished, and refer to themselves as husband and wife in front of the inspectors, thus killing their chances of entering on a K-1. Sometimes Border inspectors will innocently ask something like "and when was the wedding?" and trip up a couple to reveal a date. Border inspectors have to deal with people from every country of the world, and they're not always aware of the subleties of what does or doesn't constitute a legally binding marriage in each jurisdiction. If it looks like a marriage, they'll probably turn you away.

The safest thing to do is to always keep your marital status unambiguous. Have ONE legally binding wedding. Have as many parties as you want after that legally binding wedding in order to satisfy relatives' desire for a celebration. When dealing with immigration officials, always refer to the date and location of your ONE legally binding wedding as your marriage date and location.

It's legally possible to do things differently and have a non-binding wedding party before your legally binding wedding, but it runs some risks.

[baron555 934]

I am a US citizen and my fiance isn't. I have applied for K-1 Fiance visa. Her family wants the wedding to take place in their home country. If we get married in her home country can I still bring her to the US under K-1 Fiance visa

No, the K-1 is only for UNMARRIED people. If you get married then you are not unmarried.

without doing the paperwork for a marriage certificate in her home country?

Committing Visa Fraud is illegal and risk permanent ban forever from the US.

I'm aware that we'll have to get married again within 90 days. Or will I have to file for K-3 visa and wait to bring her to the US?

Yes K-3 or CR-1

Will there be any kind of hold up in the rest of the paper work process if we do this?

Yes you have to wait for the K-1 to become finished and aborted, then and only then can you file for the next petition.

If I have to go the K-3 Visa route, anyway we can be together to the US while her Visa is being processed?

Only if they can get another type of visa to enter the US.

Thanks for your help.

[Gary and Alla 3,694]

I am a US citizen and my fiance isn't. I have applied for K-1 Fiance visa. Her family wants the wedding to take place in their home country. If we get married in her home country can I still bring her to the US under K-1 Fiance visa without doing the paperwork for a marriage certificate in her home country? I'm aware that we'll have to get married again within 90 days. Or will I have to file for K-3 visa and wait to bring her to the US? Will there be any kind of hold up in the rest of the paper work process if we do this?

If I have to go the K-3 Visa route, anyway we can be together to the US while her Visa is being processed?

Thanks for your help.

Question one...NO. Fiancee visas are for fiancees, not wives. You cannot get "married again". You are married or not married, it is a one time deal. If you are married, you forfiet the K-1 and start over.

She can visit the US during the processing if she has a visa for the US, some other type of visa. She will be allowed to stay for as long as they visa allows, will have to return for an interview and shoud bring plenty of evidence she will return to her home country. If you go the spousal route, I recommend you use the CR-1, not the K-3