Penalties for marriage before K-1 approval?

[donnie7263 0]

This is just a hypothetical situation. But I was curious if anyone has done this and what the ramifications are, if any. Let's say you file your petition with USCIS. Then a couple months later you fly to your fiances country. You get married there. Does this affect the petition here in the U.S. or with the embassy in that country? Any opinions or expertise is appreciated!

[Inky 1,110]

This is just a hypothetical situation. But I was curious if anyone has done this and what the ramifications are, if any. Let's say you file your petition with USCIS. Then a couple months later you fly to your fiances country. You get married there. Does this affect the petition here in the U.S. or with the embassy in that country? Any opinions or expertise is appreciated!

Yes it certainly does affect it.

You are no longer eligible to get an K-1 FIANCE(E) visa.

You have to apply for a spousal petition new fees new evidence new forms bottom of the pile.

[baron555 934]

This is just a hypothetical situation. But I was curious if anyone has done this and what the ramifications are, if any. Let's say you file your petition with USCIS. Then a couple months later you fly to your fiances country. You get married there. Does this affect the petition here in the U.S. or with the embassy in that country? Any opinions or expertise is appreciated!

Sure. Since you have already petitioned and submitted letters of your intent to marry after she enters into the US with the K-1, you are in effect committing visa fraud. If you DO do this, then you can quickly send a notarized letter to both the USCIS and the Embassy asking for the K-1 to be cancelled. Once you recieve official notification that it has been cancelled, takes a few weeks, then you can begin the CR-1 visa for your new spouse to enter the US......with more money being sent for that petition and a longer time period to wait for that to be approved than for the K-1.

Basically a not a smart idea but some have done it.

If you try to pretend you are not married and can get the K-1 and then she enters the US, when you go to AOS, your fraud will be vetted out and most likely the AOS will be denied, deportion proceedings will most likely begin and she could be permanantly banned from ever entering the US. That is a really not smart idea.

[aaron2020 11,651]

This is just a hypothetical situation. But I was curious if anyone has done this and what the ramifications are, if any. Let's say you file your petition with USCIS. Then a couple months later you fly to your fiances country. You get married there. Does this affect the petition here in the U.S. or with the embassy in that country? Any opinions or expertise is appreciated!

Marriage ends the K-1 process. A K-1 visa holder MUST be single when entering the US to marry the petitioner. It is called the fiancee visa for a reason. A spouse is not a fiancee. A spouse is not free to marry.

It would be immigration fraud to marry and then use a K-1 visa to enter the US. It will cause problems.

[donnie7263 0]

Sounds logical. I can't believe some have done that! Why spend more money and time? Wait a few months or start over and wait a year. Easy decision for me!!!!

[stefan y karen 23]

The only penalty is 8 to 10 months wasted plus $300 thrown away. That's all.

[LeftCoastLady 441]

The only penalty is 8 to 10 months wasted plus $300 thrown away. That's all.

And the time spent on reviewing a pointless petition when the adjudicator could have spent that time on one that wants to follow the legal process.

[Dave&Roza 748]

It always amazes me when this question is asked. What part of FIANCE(E) VISA do people not understand or what part of SPOUSAL VISA do people not understand? People need to look in their dictionaries to the definitation of each of these as the visas are very dependant on which applies.

The applications are contracts with the USCIS that state that as a FIANCE(E) you are free to marry when the beneficiary enters the US and that both the petitioner (USC) and beneficiary will get married within 90 days of the beneficiary's arrival. Anything that breaks that contract makes it null and void. Plus both petitioner and beneficiary signed and submitted a letter of intent to marry within 90 days of the beneficiary's arrival in the US. You got married before the beneficiary arrives so did you lie on that letter of intent? Forget the lost fees and wasted time, the lying can be considered misrepresentation and that can be followed by a lifetime ban of immigrating to the US. So a person thinking of this course of action must ask themselves if they like playing with fire.

Dave

[leith@Ievgeniia 8]

Actually, Ukraine government does not recognize church wedding as a legal marriage if you didn't do it in ZAGS (wedding office). So you can get church wedding and it's not going to be reported anywhere but for you two and God. BUT!... To get divorce at this point you will have to petition to main church with very strong reasons and wait very long time

[Gary and Alla 3,694]

This is just a hypothetical situation. But I was curious if anyone has done this and what the ramifications are, if any. Let's say you file your petition with USCIS. Then a couple months later you fly to your fiances country. You get married there. Does this affect the petition here in the U.S. or with the embassy in that country? Any opinions or expertise is appreciated!

The K-1 is cancelled and you file a new petition for your wife. The K-1 is for fiancees, not spouses

IF you try to tell them you aren't married, that is visa fraud and your wife's future will always be in jeapordy. At any time her green card could be revoked, she could be deported and banned from any future entries to the US

[Gary and Alla 3,694]

Actually, Ukraine government does not recognize church wedding as a legal marriage if you didn't do it in ZAGS (wedding office). So you can get church wedding and it's not going to be reported anywhere but for you two and God. BUT!... To get divorce at this point you will have to petition to main church with very strong reasons and wait very long time

The US does recognize this and will deny the visa. It happens here over and over. Most churches in Ukraine will not conduct a marriage cermony unless you have already had the civil marriage. They are not into "fake weddings" within their church. Alla and I were best man and maid of honor for a friend's wedding and had to go to the civil ceremony first, THEN to the church.

[leith@Ievgeniia 8]

The US does recognize this and will deny the visa. It happens here over and over. Most churches in Ukraine will not conduct a marriage cermony unless you have already had the civil marriage. They are not into "fake weddings" within their church. Alla and I were best man and maid of honor for a friend's wedding and had to go to the civil ceremony first, THEN to the church.

That's very much true, btw if you want church wedding in Ukraine - not every pastor will do that. They have an issue with not orthodox, but some churches do that without civil wedding

[leith@Ievgeniia 8]

another way is to get your visa, and hold a "Engagement party" there with your new family, after interview. then get on jet and come here. not a "marriage ceremony" if your smart you can see different ways to make things happen. without saying much or anything.

[Oksana & Max 94]

That's very much true, btw if you want church wedding in Ukraine - not every pastor will do that. They have an issue with not orthodox, but some churches do that without civil wedding

I was planning to do a church wedding during K-1 Visa Process, but because of all this possible issues I decided to hold off on that. I would rather do it the legal way.

[Oksana & Max 94]

Actually, Ukraine government does not recognize church wedding as a legal marriage if you didn't do it in ZAGS (wedding office). So you can get church wedding and it's not going to be reported anywhere but for you two and God. BUT!... To get divorce at this point you will have to petition to main church with very strong reasons and wait very long time

Not sure how long it take to get a church divorce in Ukraine. But in US it is $500 and only couple month of waiting, depend on when the next church court is. Usually held 4 times a year. I wouldn't say very strong reasons required, while mine were strong from the first wedding they never asked for any evidence. I think it is just one more way to make money.