Marriage possible?

[HeatDeath 430]

After your K-1 visa is issued, and you show up at a CBP PoE, hand them your "Do Not Open" envelope and your visa imprint in your passport, they will ask you if you are still single. If your answer is that you are now married, they will stamp your visa void and NOT let you into the US.

And if you lie, and say you are single, and manage to enter anyways, then when you mail in your I-94 and marriage certificate for your AOS application [both absolutely required], USCIS will spot the discrepancy, deny your AOS, order removal proceedings, and in all likelihood slap you with an unwaiverable, unappealable, unrecoverable several-year-to-life ban on entry for misrepresentation.

So yeah, marrying before you enter the US on a K-1 visa renders the K-1 process an enormous waste of time and money.

[Aztec&Taino 144]

Lets not pick apart every answer. The OP wants to know if they can get married and continue with the K-1 Visa. Aztec said no. I'm pretty sure OP gets the picture.

Thanks!

[Leenie 15]

but who applies for the K-3 visa if this isn't allowed? How did they get married before getting a visa? I'm still new to this, so please excuse my ignorance... Thanks for any advice!

Hi advocator! You asked who applies for the K-3 (or CR-1, for that matter)? You don't need a visa specifically to get married. People can come on the visa waiver program and be married to a US citizen while they are in the US, or a tourist visa, or any number of other types of visas.

BUT those people must return to their home countries following the marriage, because they were originally admitted into the US as tourists or on the visa waiver, etc, and NOT as immigrants. Then, typically the K-3 or CR-1 process can begin.

As many others have already said, K-1 filers can't be married during the process.

Edit: for clairty.

Edited October 14, 2010 by Leenie

[pushbrk 12,605]

Hi advocator! You asked who applies for the K-3 (or CR-1, for that matter)? You don't need a visa specifically to get married. People can come on the visa waiver program and be married to a US citizen while they are in the US, or a tourist visa, or any number of other types of visas.

BUT those people must return to their home countries following the marriage, because they were originally admitted into the US as tourists or on the visa waiver, etc, and NOT as immigrants. Then, typically the K-3 or CR-1 process can begin.

As many others have already said, K-1 filers can't be married during the process.

Edit: for clairty.

See bold above. I know this has been beaten to death but people come here for accurate, reliable guidance. Anybody eligible to marry can marry anytime they want. If a couple marries during the K1 process, that process becomes null and void. They start over with a spouse immigration process. Whether somebody who marries in the USA while here legally needs to leave and pursue a spouse visa process, depends on their specific circumstances. In many if not most cases, they can simply stay and adjust their status. The exception is if they lied about the purpose of their visit during their entrance interview with a CBP officer.

[Leenie 15]

See bold above. I know this has been beaten to death but people come here for accurate, reliable guidance. Anybody eligible to marry can marry anytime they want. If a couple marries during the K1 process, that process becomes null and void. They start over with a spouse immigration process. Whether somebody who marries in the USA while here legally needs to leave and pursue a spouse visa process, depends on their specific circumstances. In many if not most cases, they can simply stay and adjust their status. The exception is if they lied about the purpose of their visit during their entrance interview with a CBP officer.

Very true. I wish I could edit my edit.

[advocator 0]

Thank you everyone for the info! Here's an add-on to my question: if we scrap the K-1 petition and get married, then apply for the K-3 (or Cr-1), can the new spouse stay in the U.S. or go home and come back to visit during the processing time for the visa? I don't think we will do this, but I'm just considering options. If he can't stay or come to visit after we're married, we'll stay engaged and stick with the K-1. Thanks for all the replys!

[pushbrk 12,605]

Thank you everyone for the info! Here's an add-on to my question: if we scrap the K-1 petition and get married, then apply for the K-3 (or Cr-1), can the new spouse stay in the U.S. or go home and come back to visit during the processing time for the visa? I don't think we will do this, but I'm just considering options. If he can't stay or come to visit after we're married, we'll stay engaged and stick with the K-1. Thanks for all the replys!

Again, K3 is dead. There is no specific prohibition against visiting during the process. This is the MOST FAQ, however, so do some reading.

[advocator 0]

I'm sorry, I guess I should have phrased my question differently. With the CR-1 visa, once you're married, an earlier posting on this thread made it sound as if the spouse would have to immediately go back to their home country. I'm trying to find out if this is true and if they can come back during the application process (I understand visiting is encouraged during the K-1 process...). If so, how long can they stay? The usual limit of 6 months? Any specified amount of time needed in their home country BETWEEN visits? I know I'm still new to this and some of you have been reading and answering these questions for a long time. I really appreciate all your advice. And I have been doing A LOT of reading...

[Nik+Heather 121]

Well, yes, he can visit during the K-1 process. He can visit during the CR-1 process as well. People from the UK (married and unmarried) do this all the time. If you don't want to spend more time apart, then continue with the K-1. quitting now and going for the CR-1 means you just wasted another month (at the very least!) and the CR-1 processing is a bit longer than the K-1, so he'll be here months later than he would be if you just stuck it out with the K-1. Plus, you can stay together after the marriage with the K-1.

By the way, when a K-1 holder enters the US, and marries their petitioner, they are allowed to (expected to, actually!) adjust their status to permanent resident (green card holder), and they do NOT have to go home. That's the purpose of the visa - to come to the US and after marriage, stay here permanently. We were sort of confused when we were first dating, because we thought he had to get the K-1 and then also get a spouse visa, so I thought I would mention that in case you also had the same misunderstanding we did at first.

[VanessaTony 3,567]

I'm sorry, I guess I should have phrased my question differently. With the CR-1 visa, once you're married, an earlier posting on this thread made it sound as if the spouse would have to immediately go back to their home country. I'm trying to find out if this is true and if they can come back during the application process (I understand visiting is encouraged during the K-1 process...). If so, how long can they stay? The usual limit of 6 months? Any specified amount of time needed in their home country BETWEEN visits? I know I'm still new to this and some of you have been reading and answering these questions for a long time. I really appreciate all your advice. And I have been doing A LOT of reading...

If I were you quite honestly I'd stick with the K1. You've already started it after all.

Your UK fiance could come and visit you (showing the NOA1 as proof you're going about it the right way and strong ties to his home country) he could visit you for 3 months (or less) on the VWP and then return to his home country to get his medical, police check and attend the interview. He could start packing up his things and organise for his life to shift when the K1 is approved.

You're looking at around 6 months processing for the K1, sometimes MUCH longer for the CR-1 (not sure why honestly). I personally stayed in my home country while the K1 processed, mainly because I wanted to earn and save as much money as possible before entering the US. Once in the US, the now spouse is unable to work until they have received either an EAD or a GC so saving is always good, not to mention money for the wedding!

Either way you have only JUST started so if you wanted to meet in person, get married then cancel the K1 and start the Cr-1 process that's up to you. I'd say you'll add at least 2 months to the process, not to mention however long the CR-1 takes to process.

Good luck with your decision.

[pushbrk 12,605]

I'm sorry, I guess I should have phrased my question differently. With the CR-1 visa, once you're married, an earlier posting on this thread made it sound as if the spouse would have to immediately go back to their home country. I'm trying to find out if this is true and if they can come back during the application process (I understand visiting is encouraged during the K-1 process...). If so, how long can they stay? The usual limit of 6 months? Any specified amount of time needed in their home country BETWEEN visits? I know I'm still new to this and some of you have been reading and answering these questions for a long time. I really appreciate all your advice. And I have been doing A LOT of reading...

Visitor privileges are explained either by the visa waiver program terms or the terms of any actual visa. Visits are not for "residing". Each entry is a decision by a CBP officer. With no other considerations, typically the visitor must spend less time in the USA than out. Read the threads about visiting during the process, you know, the ones that specifically address your question.

[Rob and Jill 82]

Thank you everyone for the info! Here's an add-on to my question: if we scrap the K-1 petition and get married, then apply for the K-3 (or Cr-1), can the new spouse stay in the U.S. or go home and come back to visit during the processing time for the visa? I don't think we will do this, but I'm just considering options. If he can't stay or come to visit after we're married, we'll stay engaged and stick with the K-1. Thanks for all the replys!

He can visit no matter which why you've filed UNLESS he has used his maximum visitation for the year. He cannot live in the country until your CR-1 process is finished.

You know, there was a recent thread about choosing one type of visa over the other and there is a posted sticky above in regards to the same issue. If you already started the K-1 process it is SILLY to start over unless you have a compelling reason to change it. Does he need to work immediately after entry? Is there something forcing it to be changed? If not, spend your time and energies focused on getting him here, getting him to get HIS end of the paperwork together, and making sure your ducks are in a row.

Edited October 15, 2010 by Rob and Jill