Getting Married Before Entering US on a K-1

[Mrichards 0]

Hello All,

I was wondering if someone could shed some light on the timing of the use of the K-1. My fiance resides in the UK and we are awaiting an NOA2. Assuming everything goes through fine, the Visa is issued, I was wondering if it is possible for us to get married in the UK, prior to him entering the country with the K-1 Visa. Will this cause some confusion since the K-1 is for a fiance'? We were trying to avoid having to get permission for him to leave the country and re-enter for the purpose of getting married in the UK.

Thanks!

[belinda63 3,038]

If your heart is set on marrying in the UK then you can do that, first cancel the K-1 then apply for the CR-1 once you are married.

[CQ & CS 2]

You cannot use the K-1 if you have already married.

[Inky 1,110]

You cannot AOS from the K-1 if you marry in another country after getting the K-1.

The requirement of the K-1 is to marry in the USA. Filing for AOS requires a marriage certificate. You will not be able to adjust status from the K-1 with a non US marriage certificate.

Cancel your K-1 like the other poster suggests and marry in the UK like you wish to and then start all over again with a CR-1 Visa petition. That will take around a year.

Or you can continue with the K-1 and marry in the US as you are supposed to. Then have a large wedding celebration or vow renewal in the UK at a later date, after the green card is issued and in hand.

[Ryan H 3,812]

Assuming everything goes through fine, the Visa is issued, I was wondering if it is possible for us to get married in the UK, prior to him entering the country with the K-1 Visa.

If you want him to be able to enter the US on a K1, then it's not possible.

If your heart is set on marrying in the UK then you can do that, first cancel the K-1 then apply for the CR-1 once you are married.

If you cancel the K1 and apply for a CR-1 after getting married, you go back to the start. The fees you have paid will not be refunded and the waiting you have done so far will have been for naught.

[canadian_wife 1,822]

Sure you can get married in the UK before you move to the US. You cannot, however, marry in the UK and enter in a fiance visa

The fiance visa, hence the name, is for a fiance, not a spouse

Good luck

[Mrichards 0]

Hello All,

I was wondering if someone could shed some light on the timing of the use of the K-1. My fiance resides in the UK and we are awaiting an NOA2. Assuming everything goes through fine, the Visa is issued, I was wondering if it is possible for us to get married in the UK, prior to him entering the country with the K-1 Visa. Will this cause some confusion since the K-1 is for a fiance'? We were trying to avoid having to get permission for him to leave the country and re-enter for the purpose of getting married in the UK.

Thanks!

Thank you all for the replies. I suppose that makes sense as for an initial entry into the US. On a similar note however, is it not possible to obtain advance permission to leave and re-enter the country for the purpose of getting married once my fiance' enters on the K-1 Visa? I did not understand that it was ONLY possible to marry in the US.

[Anh map 2,098]

Thank you all for the replies. I suppose that makes sense as for an initial entry into the US. On a similar note however, is it not possible to obtain advance permission to leave and re-enter the country for the purpose of getting married once my fiance' enters on the K-1 Visa? I did not understand that it was ONLY possible to marry in the US.

http://www.uscis.gov...000082ca60aRCRD

Have you looked at the Advance Parole requirements? Aside from the $445 it will cost to apply, a K1 entrant who has not applied for adjustment of status would not be eligible. http://www.uscis.gov/files/form/i-131instr.pdf

Edited May 5, 2011 by Anh map

[VanessaTony 3,567]

Thank you all for the replies. I suppose that makes sense as for an initial entry into the US. On a similar note however, is it not possible to obtain advance permission to leave and re-enter the country for the purpose of getting married once my fiance' enters on the K-1 Visa? I did not understand that it was ONLY possible to marry in the US.

Nope. The visa is for the very specific purpose of entering the US as a fiance and getting married in the US. You can apply for AOS to get a GC based on the K1 and US marriage certificate.

- If you were to marry before entering on the K1 you wouldn't be able to adjust status based on the K1 visa. They wouldn't know you're married unless you told them so say you get married AGAIN in the US and try to AOS based on that marriage you couldn't because you were married already outside of the country. Doesn't matter WHEN They find out that you lied and entered married on a K1, you would get deported and a lifetime ban for lying

- If you were to enter on the K1 and then leave, you would need a new visa to re-enter (probably spousal if you get married).

- If you were to enter on the K1, get married and then leave you would need a new visa to re-enter (spousal 'cause you're married)

You need to marry ONLY the original USC petitioner after entering on a K1 visa. You have 90 days to marry IN the US. Once married apply for AOS. You cannot leave the US until you have the AP document or GC. If you leave without the AP or GC your AOS process is considered abandoned and you require another visa to re-enter.

If none of this is what you want then you should cancel the application, get married in the UK (as it seems this is what you want) and then file for a CR-1 visa. You COULD get married in the UK and still use the K1 as long as the marriage is only for show and not actually legal.

Edited May 5, 2011 by Vanessa&Tony

[GeoffinVA 2]

Ironically, the K-1 visa was introduced to allow "marriage-minded" couples who intend to live in the US to be together during the dreadfully long process of status adjustment. Historically, it has worked well. However, in recent years the processing time of K-1 visas equal or exceed the time it takes to file a I-130 which seems to defeat the purpose of the K-1. Furthermore, entering on an immigrant visa allows the foreign spouse to work immediately. Having said that, you are still better off sticking with the K-1 at this stage of the game. Good luck.

[Mrichards 0]

Nope. The visa is for the very specific purpose of entering the US as a fiance and getting married in the US. You can apply for AOS to get a GC based on the K1 and US marriage certificate.

- If you were to marry before entering on the K1 you wouldn't be able to adjust status based on the K1 visa. They wouldn't know you're married unless you told them so say you get married AGAIN in the US and try to AOS based on that marriage you couldn't because you were married already outside of the country. Doesn't matter WHEN They find out that you lied and entered married on a K1, you would get deported and a lifetime ban for lying

- If you were to enter on the K1 and then leave, you would need a new visa to re-enter (probably spousal if you get married).

- If you were to enter on the K1, get married and then leave you would need a new visa to re-enter (spousal 'cause you're married)

You need to marry ONLY the original USC petitioner after entering on a K1 visa. You have 90 days to marry IN the US. Once married apply for AOS. You cannot leave the US until you have the AP document or GC. If you leave without the AP or GC your AOS process is considered abandoned and you require another visa to re-enter.

If none of this is what you want then you should cancel the application, get married in the UK (as it seems this is what you want) and then file for a CR-1 visa. You COULD get married in the UK and still use the K1 as long as the marriage is only for show and not actually legal.

Thank you all, this has been most helpful.

[Penny Lane 8,159]

Hello All,

I was wondering if someone could shed some light on the timing of the use of the K-1. My fiance resides in the UK and we are awaiting an NOA2. Assuming everything goes through fine, the Visa is issued, I was wondering if it is possible for us to get married in the UK, prior to him entering the country with the K-1 Visa. Will this cause some confusion since the K-1 is for a fiance'? We were trying to avoid having to get permission for him to leave the country and re-enter for the purpose of getting married in the UK.

Thanks!

The K1 is a fiance visa. If you get married, you no longer have a fiance. The main condition of the K1 visa is getting married within 90 days of entering the United States.

This seriously needs to be stickied, it shocks me how many people think they might be able to do this.

[KiwiBird 132]

If you want to marry in the UK, then cancel your K1. Go get married in the UK and file for a CR-1 visa.

If you get a K1 visa, you MUST marry in the US. There is no way around that. If you don't want to marry in the US, then there is no point in getting a visa where that is the requirement.

[Helen Louise Pile 80]

The K1 is a fiance visa. If you get married, you no longer have a fiance. The main condition of the K1 visa is getting married within 90 days of entering the United States.

This seriously needs to be stickied, it shocks me how many people think they might be able to do this.

I know right!

The rules are very specific. The K1 is a very limited visa and you must get married in the US, within 90 days,or leave.

Many people do the legal part in the US quickly to meet the requirements and file for the AOS, apply for AOS and do a bigger 'ceremony' where you renew your vows in your home country later.

The period between entering the US on K1 and getting your documents to work, leave the country or your GC can be tough for some people. It's kind of an 'immigration limbo', As I said, the K1 is a very limited visa. it allows you to be together as another poster says, but you are allowed simply to wait here. We did the K1 because we didn't want to be apart for the first year of our marriage. It's worked out fine for us. You need to make sure you've read the rules and your responsibilities with regard to getting a K1 visa carefully so you know what to expect. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a10e4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Good luck!

[cliff 0]

Is it possible to have a wedding ceremony before entering US with K1 visa?