K1 visa though we're already married in Peru?

[sstrickland 4]

Hey guys, I came up with a great (bad?) idea and though it seems like a winner to me, Id like to get some second opinions.

My Peruvian wife and I got married in Peru on June 25 2010. I would have preferred to go the K1 visa route and get married here in the states but I knew it was important for her to have her family be present during our marriage, while my preference for the K1 was only due the quicker process (no family). Anyway, so we got married and I have in my posession our Peruvian marriage certificate. Is it possible to submit a petition for K1 (fiance) visa now? We are married under peruvian law but at present I have submitted nothing to USCIS and I'm under the impression that our marriage is presently not recognized by the United States. Is this still possible? Also it may be worth mentioning that she already got a new DNI card (national identity card) which states that she is now married, though her name is presently unchanged. What do you think?

Thanks for your time!

[Deputy Purple 1,294]

Married in Peru is married in the US also. Filing for K-1 would require you both to lie on official documents during the process which would result in her being banned from entry for her lifetime without the possibility of a waiver.

The processing time difference is just NVC which can be completed in 4 to 6 weeks and the benefits of the immediate LPR Status outweigh the small time difference.

[Harpa Timsah 13,258]

Sorry, not possible... you are married and your marriage IS recognized in the US.

[SisJ 13]

Rule number 1....Don't lie to USCIS it always comes back to bite you!!! be honest and file for a spousal visa instead...it's better to take the long route and get approved than to lie, get denied, and then get a ban....just saying!

Edited November 4, 2010 by SisJ

[Gary and Alla 3,694]

Hey guys, I came up with a great (bad?) idea and though it seems like a winner to me, Id like to get some second opinions.

My Peruvian wife and I got married in Peru on June 25 2010. I would have preferred to go the K1 visa route and get married here in the states but I knew it was important for her to have her family be present during our marriage, while my preference for the K1 was only due the quicker process (no family). Anyway, so we got married and I have in my posession our Peruvian marriage certificate. Is it possible to submit a petition for K1 (fiance) visa now? We are married under peruvian law but at present I have submitted nothing to USCIS and I'm under the impression that our marriage is presently not recognized by the United States. Is this still possible? Also it may be worth mentioning that she already got a new DNI card (national identity card) which states that she is now married, though her name is presently unchanged. What do you think?

Thanks for your time!

No. K-1s are for fiancees. Wives are not fiancees. Your marriage IS recognized by the US. You just haven't TOLD them and filing for a K-1 would be fraud. If you are caught, the visa will be denied and she will be barred from any future visas.

[amykathleen2005 441]

If the marriage is recognized by the other government then the US will recognize it as well. Lying would be a bad move. You have to get a spousal visa now. File for a Cr-1, takes a little more time but comes with a greencard.

[sstrickland 4]

Ahh ok well I didnt intend to lie, I was just under the impression that our peruvian marriage was not recognized in America, which is why I will have to petition the government (petition to agknowledge marriage or something). Ah well, just an idea. Thanks for the hasty responses though.

[Sra Gomez 9]

Both civil and religious marriages in Peru are recognized in the US. So even if it was only a religious ceremony, you still wouldn't have been able to do the K1 visa. Good luck with your journey.

[Deputy Purple 1,294]

Ahh ok well I didnt intend to lie, I was just under the impression that our peruvian marriage was not recognized in America, which is why I will have to petition the government (petition to agknowledge marriage or something). Ah well, just an idea. Thanks for the hasty responses though.

The petition has nothing to do with recognizing your marriage, it's to allow you to sponsor her application for immigration to the US.

[Aztec&Taino 144]

Hey guys, I came up with a great (bad?) idea and though it seems like a winner to me, Id like to get some second opinions.

My Peruvian wife and I got married in Peru on June 25 2010. I would have preferred to go the K1 visa route and get married here in the states but I knew it was important for her to have her family be present during our marriage, while my preference for the K1 was only due the quicker process (no family). Anyway, so we got married and I have in my posession our Peruvian marriage certificate. Is it possible to submit a petition for K1 (fiance) visa now? We are married under peruvian law but at present I have submitted nothing to USCIS and I'm under the impression that our marriage is presently not recognized by the United States. Is this still possible? Also it may be worth mentioning that she already got a new DNI card (national identity card) which states that she is now married, though her name is presently unchanged. What do you think?

Thanks for your time!

The K1 visa is a fiance(e) visa, meaning unmarried couple. Your Peruvian marriage IS legal and recognized in the USA, too. Once you married in Peru you chose your route; you need to file an I-130. Yet, you got married in June so you have lost more than 4 months! Your petition could have been in process... File your I-130 as soon as possible to get the ball rolling.

Best wishes!

[Dan J 277]

Generally speaking, if the marriage is legally recognized in the country it took place it, it will be recognized in the US and thusly make a K-1 visa invalid.

However, it may be possible to have a ceremony in the fiancee's country before traveling to the US on a K-1 visa. But this does depend on the marriage laws of the country. Often, a marriage certificate/licence must be filed before the marriage is legally recognized. Not doing so, would mean that for legal purposes you are still unmarried and could immigrate on a K-1. You would still need to have a legally recognized marriage in the US.

If anyone is considering that, you really need be very familiar with marriage laws in the country you plan to have the ceremony and make the officiant aware that he or she should not file any paperwork on your behalf.

[Caribbean Lady 3]

Generally speaking, if the marriage is legally recognized in the country it took place it, it will be recognized in the US and thusly make a K-1 visa invalid.

However, it may be possible to have a ceremony in the fiancee's country before traveling to the US on a K-1 visa. But this does depend on the marriage laws of the country. Often, a marriage certificate/licence must be filed before the marriage is legally recognized. Not doing so, would mean that for legal purposes you are still unmarried and could immigrate on a K-1. You would still need to have a legally recognized marriage in the US.

If anyone is considering that, you really need be very familiar with marriage laws in the country you plan to have the ceremony and make the officiant aware that he or she should not file any paperwork on your behalf.

Its already called "marriage" ceremony despite if its legal or not. If USCIS only hears the word, "marriage", you will be denied and barred. You need to file a spousal petition.

[Dan J 277]

Its already called "marriage" ceremony despite if its legal or not. If USCIS only hears the word, "marriage", you will be denied and barred. You need to file a spousal petition.

If the ceremony is not recognized as a legal marriage, then telling the USCIS about it is only going to cause you trouble. Use common sense.

[SupastarsaM 7]

I agree with everybody on here. Don't play games when it comes to the USCIS. An extra month or two is much better then a ban. Plus, you save a bit of money going the CR-1. Good Luck.

[Sra Gomez 9]

If the ceremony is not recognized as a legal marriage, then telling the USCIS about it is only going to cause you trouble. Use common sense.

All wedding ceremonies of ANY kind in Peru will void the K1 visa.