K-1 visa, getting married and interview

[ajoman84 0]

I want to clarify a few things regarding the K-1 visa and getting married.

I have applied for K-1 since December. My petition (I-129f) was recently approved and hopefully is in the process of being trasnferred to NVC. The thing is that I will be travelling to my fiance's country to get married in June. The plan is for us to travel back to the U.S. together, do a civil marriage and complete the remaining steps for Fiance visa.

My question is that since we have applied for the fiance visa but will be getting married on foreign soil, will that create any complications at the interview? How should we approach this at the interview ?

My concern is that the embassy might say why didnt you apply for K-3 etc etc.

Another thing to clarify is that my fiancee (hopefully) will have her interview before the marriage in forein country.

Thanks in advance for the suggestions and tips!

[ScottThuy 140]

if you marry before entering the US on the visa, or before the interview, you will no longer be eligible for the visa...

[Anh map 2,098]

As long as you do not have a legally recognized (in her country) wedding the K1 will be ok. The US recognizes marriages in any country. If you have a legal marriage there, then the K1 is not for your situation.

[Kathryn41 3,205]

I want to clarify a few things regarding the K-1 visa and getting married.

I have applied for K-1 since December. My petition (I-129f) was recently approved and hopefully is in the process of being trasnferred to NVC. The thing is that I will be travelling to my fiance's country to get married in June. The plan is for us to travel back to the U.S. together, do a civil marriage and complete the remaining steps for Fiance visa.

My question is that since we have applied for the fiance visa but will be getting married on foreign soil, will that create any complications at the interview? How should we approach this at the interview ?

My concern is that the embassy might say why didnt you apply for K-3 etc etc.

Another thing to clarify is that my fiancee (hopefully) will have her interview before the marriage in forein country.

Thanks in advance for the suggestions and tips!

What you propose is not possible. A K-1 visa is for a fiancee. If the person marries they are no longer a fiancee - they are a spouse. They cannot obtain nor use a fiancee visa and if they tried to do so it would be considered misrepresentation and visa fraud and lead to a probable life time ban from ever entering the US. They need a spousal visa to come to the US.

If you plan on having your 'wife' or 'fiance' travel back with you to the US she needs a visa. If she intends to live in the US with you, then she needs either the fiancee visa if she is unmarried, or a spousal visa if she is married. She will not be allowed to enter the country to live without one of these and it is not possible to process a CR-1 visa before then as you are unmarried, and the time frame is very tight for a K-1 visa as well. There is a possibility the fiancee visa could be finished by then depending on what Consulate you are working through and if she has indeed had her interview and received the visa she could come back with you - but not as your wife, only as your fiancee.

If she goes to the interview for the K-1 visa and says you are married the visa will be denied, whether you get married in the US or on 'foreign soil' - a marriage is a marriage. If she goes to the interview for the K-1 visa and doesn't mention you are married, then that will be discovered when she applies to adjust status (gets her green card) and she will be deported and charged with misrepresentation and visa fraud and will likely incur a life time ban from ever entering the US. If your fiancee has the interview and gets the visa then gets married in her own country before using the visa she is no longer a fiancee and cannot use the K-1 visa to enter the US. If she does, that is considered misrepresentation and Visa Fraud and will be discovered during the next stage of the immigration process - adjustment of status process (getting permission to 'stay' in the US) and again, will lead to a probable life time ban.

You have two choices, really. You can continue on the K-1 visa path and not get married in her country in June; she arrives unmarried to the US after she gets the K-1 visa, and you marry here within 90 days of her arrival. Then you apply to adjust status so she can remain in the US.

You can get married, abandon the K-1 process and start the CR-1 process (K-3 is obsolete and is being phased out) for a spouse. You would then wait until she is approved, and when she gets the visa, she enters the US, obtains her green card and you live happily ever after (or for at least 2 years when you have to deal with USCIS again).