While waiting for K1...

[miko 0]

hi guys! what about in the process of waiting for the approval of K1 visa and then both partners decided to get married in the country of the beneficiary (say example philippines).

is it legal and permitted or not? would it void the K1 visa application?? just confused? thanks!!!

[Alanlvsjudy 0]

Its not legal, if you file for a K-1 visa you MUST marry in the United States, if you want to marry in the Philippines you need to marry then file for a K-3 visa.

Good Luck

[Sheriff Uling 3]

The law prohibits petitioners of K1 Visas from marrying in the country of the beneficiary. If married, you must change your petition to a K3 (for spouses). If not, your then wife will be refused at the Port of Entry (that's if you slip pass the visa interview without the Consular Officer knowing your true status). You can read up on the K1 and K3 process HERE. I'm sure that other more experience VJ members will chime in to give you more info.

Good luck and I look forward to reading about your success stories in whatever road you take.

Edited July 26, 2006 by Uling

[john_and_marlene 162]

It is not illegal to get married in the beneficiary's country after petitioning for a K1. It does invalidate the K1 petition. Using the K1 to enter after marriage would be fraud. You cannot change the K1 petition to K3. You would need to cancel the K1 petition and start over with a spouse petition--CR1 and optionally K3.

[Milka 0]

When filing for K1 than you have to get married in the US. It should not take that long. Good luck.

[jo&john 1]

hi guys! what about in the process of waiting for the approval of K1 visa and then both partners decided to get married in the country of the beneficiary (say example philippines).

is it legal and permitted or not? would it void the K1 visa application?? just confused? thanks!!!

Hi Miko,

If you're just waiting for the K1 visa approval, just be patient, you are almost there. Don't complicate things.

Jo

--------

jo&john's journey:

03/10/04: Met John at Yahoo! Messenger; start of a good relationship

03/30/04: I became his girlfriend

05/26/04: John excited for his trip to the Philippines to see me and set the direction

05/27/04: John on board Delta Airlines from DFW (Texas) to San Francisco

05/28/04: John on board China Airlines from San Francisco to Taipei

05/29/04: John on board China Airlines from Taipei to Manila; I met him at the

NAIA (Ninoy Aquino International Airport); the rest IS magic! We became

more in love!

05/30/04: We got engaged! The remaining 3 days were full of good memories and still

crystal clear for me

06/03/04: John left for Taipei on board China Airlines; reached LA then DFW same

day; I miss my honey; we both wait for the approval of my annulment

petition (series of court hearings and procedures; constant follow-up to

expedite the process; delays because of holidays, official leaves of

court personnel, etc; judge is meticulous, no short-cuts) ; John had been

very supportive and is still.

03/23/06: Regional Court Decision out: Declaring absolute nullity of my marriage.

We were very happy! The long wait was over! Actually, the decision/resolution

made was dated February 23, 2006. It took a month for editing, finalization,

etc by the court stenographers, clerk of court, etc.

Upon receipt of the Decision, I flew to Manila (I’m from Iloilo City) and

personally hand-carried the Decision to the Solicitor-General (was

praying Sol-Gen won’t object to the decision; RTC’s give 15 days for

Sol-Gen to appeal)

04/07/06: No appeal from Solicitor-General. RTC recorded the decision in the Book of

Entries of Judgment (as final and executory). Entry of Judgment signed by

the Clerk of Court. This was then forwarded to Local Civil Registrar.

Annotation was done to my Marriage Certificate. Submitted the Annotated

(with Annulment Remarks) Marriage Certificate to NSO (National Statistics Office)

for authentication and on SECPA (Security Paper). I got my SECPA annotated

marriage certificate after 3 weeks.

04/10-16: Holy Week; no office

04/17/06: Submitted requirements to RTC for issuance of Annulment Decree

04/18/06: Got my Decree of Declaration of Nullity of Marriage (annulment process

took 1 year and 10 months from filing of petition to getting the decree)

Sent remaining pertinent documents to John needed for the K1 petition.

Both of us were elated!

04/22/06: John sent I-129F to Texas Service Center

04/25/06: I-129F received at California Service Center (Fr. TSC);

NOA1 (Received Date)

05/01/06: NOA1 (Notice Date)

06/23/06: email notification re: IMBRA RFE sent from CSC

06/30/06: John received IMBRA RFE (snail mail)

07/05/06: John sent IMBRA RFE reply to CSC

07/17/06: email notification from USCIS re: receipt of IMBRA RFE reply

[JenT 0]

It is not illegal to get married in the beneficiary's country after petitioning for a K1. It does invalidate the K1 petition. Using the K1 to enter after marriage would be fraud. You cannot change the K1 petition to K3. You would need to cancel the K1 petition and start over with a spouse petition--CR1 and optionally K3.

The K1 is for the purpose of marrying the petitioner in the US... if you're going a different route, just cancel your K1.

Jen

[PachucoBro 3]

hi guys! what about in the process of waiting for the approval of K1 visa and then both partners decided to get married in the country of the beneficiary (say example philippines).

is it legal and permitted or not? would it void the K1 visa application?? just confused? thanks!!!

You don't have a current Timeline created... But if you have started the K-1 process. Why go and get married? Just wait it out and get married once both of your are here in the States. No need to make things harder.