K-1 and Marriage

[Kiwi & Me 0]

I'm back from New Zealand and proposing to Miss Kiwi, and it looks like we're changing our wedding plans some. Originally we had planned on having her come to the US on a K-1 Visa and getting married here, but now it looks like we'll be getting married in New Zealand. On the plus side, this lets us go through the DCF process, which is much quicker, but at the same time, it makes everything we've done so far invalid. Or does it?

Can someone enter the US on a K-1 visa after they've been married? Do they just apply for the AOS after arriving in the US, then? Does anyone have any experience with this?

Thanks!

[no name 1]

Can someone enter the US on a K-1 visa after they've been married? Do they just apply for the AOS after arriving in the US, then? Does anyone have any experience with this?

Nope, you would need a K3 or CR1.

Please read the guides.

http://www.visajourney.com/forums/index.ph...amp;page=guides

[YuAndDan 153]

No, the K1 visa is only used by a fiance, not a spouse.

[*Robert* 2]

Not before getting the visa, or after getting the visa and before arriving. You can only get married AFTER you enter the U.S., IN the U.S.

Why do so many people have a problem with this concept? There is a reason they call it a "Fiance(e)" visa!!!

[michellek1976 0]

Absolutely not! But like you said there is the alternative DCF and a lot of people think that is much better.

Did you fiance ask the same question on here a few weeks ago, or maybe its another Kiwi thinking of abandoning her K1 visa. You may find the posts in DCF.

Good luck.

[no name 1]

Why do so many people have a problem with this concept? There is a reason they call it a "Fiance(e)" visa!!!

Why do so many people not read the very obvious guides?

[endtroducing10 0]

I'm back from New Zealand and proposing to Miss Kiwi, and it looks like we're changing our wedding plans some. Originally we had planned on having her come to the US on a K-1 Visa and getting married here, but now it looks like we'll be getting married in New Zealand. On the plus side, this lets us go through the DCF process, which is much quicker, but at the same time, it makes everything we've done so far invalid. Or does it?

Can someone enter the US on a K-1 visa after they've been married? Do they just apply for the AOS after arriving in the US, then? Does anyone have any experience with this?

Thanks!

Your not being very specific in your thread.

Have you started the process of a K-1 visa?

My advice would be to stickl to your original plan even if it takes longer, Believe me! A lot less forms and paperwork (It actually does happen)

Try not to make your immigration journey more complex than it can take, And you have not got a chance entering the US without a visa (married, Without a visa unless a waiver)

[Alex+R 0]

If you can do DCF, you should.

Now read the guides.

[Kiwi & Me 0]

First off, thanks for the replies...

For all those who have said to read the guides, even after doing so, I can't find an answer to my question. Perhaps I'm not reading the correct one, but regardless, the answer isn't especially obvious. Hence why I asked my question.

roi_aggie: Yes...I understand what a fiance(e) visa is for, and as I pointed out in my original post, our wedding plans have changed. I'm just wondering that since we're already a month (and $170) into the 129F process, if we can avoid having to go through another visa process simply because some of our plans have changed.

Michellek1976: That was someone else. Similar case, but that person was already in the US as opposed to our case where my fiancee is not (yet). Thanks for the reference, though.

Endtroducing10: Agreed about not making things more complicated than they need to be...that's the whole reason for this post. But, since submitting the 129F (still waiting on that approval, and as such, haven't started the K-1 yet) , we've decided to have the wedding in New Zealand instead of the US, and unfortunately, that complicates things.

Alex+R: I've heard nothing but good things about DCF (particularly in relation to New Zealand where the approval time appears to be only a couple weeks), but if there was a way to get the 129F/K-1 to work, since we're already part of the way down that path, I was just curious if that's a possibility.

Followup question (and yes, I checked the guides and didn't see anything): Since it looks like we're switching to DCF, how should I go about canceling my 129F petition, particularly since I don't want it to look like we're not interested in getting married anymore (but rather, we want to get married in New Zealand)? I just don't want a canceled 129F to be a strike against us when we apply for the K3 through DCF.

Thanks again for any input.

[Caladan 19]

To enter on the K-1, she has to be free to marry. She's not 'free to marry' if she's already married, even if that marriage is to you.

[no name 1]

Didn't you do any research before you filed? I sure as heck checked out DCF but it's not possible for me.

Then I filed.

[MaryandMian 1]

I'm back from New Zealand and proposing to Miss Kiwi, and it looks like we're changing our wedding plans some. Originally we had planned on having her come to the US on a K-1 Visa and getting married here, but now it looks like we'll be getting married in New Zealand. On the plus side, this lets us go through the DCF process, which is much quicker, but at the same time, it makes everything we've done so far invalid. Or does it?

Can someone enter the US on a K-1 visa after they've been married? Do they just apply for the AOS after arriving in the US, then? Does anyone have any experience with this?

Thanks!

Yes if you marry in New Zealand everything you have done so far is invalid. You will have to reapply under the K3, CR 1 or DCF process. Be aware that some countries make you reside for three months or longer before you can DCF. I would contact the consulate and see what their requirements are concerning this process.

The K1 visa is for your SO to come to the USA and then marry within the 90 day window.

[Kiwi & Me 0]

To enter on the K-1, she has to be free to marry. She's not 'free to marry' if she's already married, even if that marriage is to you.

Ahh...that's the catch. Thanks!

Didn't you do any research before you filed? I sure as heck checked out DCF but it's not possible for me.

Then I filed.

Why the hostility, Devilette? Did I kick your dog or something?

I did some research, mostly on official government sites, before filing, but didn't find VJ (and as a result, DCF) until after reciving my NOA1. And, as I said several times before, our plans have changed since we filed, so even if I -did- know about DCF, that wouldn't have been the path we chose.

Jeez..I'm sorry for interrupting the never-ending announcements of NOA2s and corresponding congratulations with an actual question or two.

[matako 0]

Heres the solution to your problem, since you want to do a K-1 and marry in Australia as well:

1.Marry in Australia.

2.Next day, divorce in Australia

3.File K-1 visa

4.Enter U.S and marry again in the USA.

Your goal to enter on a K-1 and marry in Australia is satisfied that way.

Edited September 26, 2006 by Majizee

[no name 1]

Why the hostility, Devilette? Did I kick your dog or something?

I did some research, mostly on official government sites, before filing, but didn't find VJ (and as a result, DCF) until after reciving my NOA1. And, as I said several times before, our plans have changed since we filed, so even if I -did- know about DCF, that wouldn't have been the path we chose.

Jeez..I'm sorry for interrupting the never-ending announcements of NOA2s and corresponding congratulations with an actual question or two.

You found VJ after the fact, ok fair enough.

It's not hostility. VJ has excellent guides which explain ALL immigration processes in DETAIL. Before you write a post here, it says in 20 pt type:

Please consider reading the FAQ's and Guides before posting.

When someone comes on here and posts a question that is very easily answered in the guides, it becomes very tedious to other VJers. I spend time searching for related posts before I add a Q on here. It's respect to VJ members & so I don't waste other people's time.

Edited September 26, 2006 by devilette