Married before K-1 Visa is approved?

[Yoshi & Beth 0]

Has anyone decided to get married before their K-1 Visa was approved? My fiance and I are just getting started gathering information for the K-1 Visa but we already set a wedding date (and placed deposits) for a wedding and reception venue in the USA August of 2013. I am currently living in the United States but have lived in Japan for over four years prior (I moved back to the USA a few months after the disasters in Japan last year). After the wedding my fiance and I plan to move back to Japan after our wedding and honeymoon. We have no plans/intentions to stay in the USA after our wedding. I heard that we could get married without the K-1 Visa because we will not be staying in America, however there is a higher chance that he might be turned away upon entry into the United States and it could cause complications if he ever applied for a Spousal Visa in the future (Visa Fraud). I am concerned that there may be a possibility that his K-1 Visa will not get approved in time for our wedding, but we thought it would reduce the risk of him being turned away. Any past experiences or advice on this would be helpful! Thanks!

[Harpa Timsah 13,258]

You do not need a K-1 if you are not planning on immigrating to the US after marriage. K-1 is not a permission to marry visa. It is a permission to marry and live in the US afterward visa.

[samandkev 0]

It should be fine.

I'm going through the same thing. We applied for the K-1 but it's definitely not going to happen before the wedding so I'm going to move to his country (Belgium) instead. We're both just out of college, and my job is terrible so I'm not tied down here at all. I'm probably going to withdraw my petition in a few days.

[Scott & Ale 3]

Sounds like you are just having a destination wedding and no K1 is required. It is not visa fraud at all if you are just in the US for a few weeks for the wedding and back to Japan. The key is showing proof of ties to Japan when he enters into the US. All he really needs is a job in Japan (and a letter from his employer would be nice), car payment, house payment, upcoming doctor/dentist appointement are party invitation or something like that showing that he will be returning as well as his return flight. My wife and I were married in the US while my wife was on a B2 tourist visa, she left the US 1 week after the wedding and never overstayed and then we filed for our CR1.

[Yoshi & Beth 0]

You do not need a K-1 if you are not planning on immigrating to the US after marriage. K-1 is not a permission to marry visa. It is a permission to marry and live in the US afterward visa.

Would he be turned away upon entry if he says that he is getting married? If we don't need the K-1 Fiance Visa what Visa would we need? He is not technically visiting so a Visitor Visa wouldn't be appropriate correct? From my understanding the K-1 Fiance Visa is technically a non-immigrant visa and is for the purpose of getting to know the family, preparing for the wedding and legally getting married within the USA. It is the process after the Fiance Visa that determines if the "then spouse" can stay in the USA on a Spousal Visa/Permanent Visa. From what I read about the K-1 Visa is that it has higher chances of fraud in comparison to other Visas since it is one of quickest routes to receive permanent residency. So therefore they treat it almost as if someone is applying for a permanent residency Visa. I am new to the whole process so please correct me if I am wrong. I'm trying to get a good grasp on what is true and how to get this done properly.

[Xanax 349]

Would he be turned away upon entry if he says that he is getting married? If we don't need the K-1 Fiance Visa what Visa would we need? He is not technically visiting so a Visitor Visa wouldn't be appropriate correct? From my understanding the K-1 Fiance Visa is technically a non-immigrant visa and is for the purpose of getting to know the family, preparing for the wedding and legally getting married within the USA. It is the process after the Fiance Visa that determines if the "then spouse" can stay in the USA on a Spousal Visa/Permanent Visa. From what I read about the K-1 Visa is that it has higher chances of fraud in comparison to other Visas since it is one of quickest routes to receive permanent residency. So therefore they treat it almost as if someone is applying for a permanent residency Visa. I am new to the whole process so please correct me if I am wrong. I'm trying to get a good grasp on what is true and how to get this done properly.

You are a bit confused.

You cannot get a K-1 if you are married. If you have a K-1 or are in the process of getting a K-1 once you marry your K-1 or application is voided.

You are having a destination wedding.

Your fiance will be applying for a tourist visa or using the VWP. Japan is a Visa Waiver Program country.

Edit: When you enter at your POE (point of entry) You only have to answer the questions they ask.

Generally they ask (for VWP countries in my experience):

CO: Reason for visit? Business or pleasure?

Me: Pleasure

CO: How long are you staying?

Me: 87 days.

CO: Where are you staying, with you?

Me: Whomever I am staying with and where I am going.

CO: Have a nice trip.

Most people will advise when travelling on a VWP to bring proof of ties to home (so the CO knows you aren't planning to stay), these things can be:

- A letter from your employer

- A lease agreement

- Basically anything which shows you HAVE to go back "home".

Edited July 10, 2012 by Xanax

[Yoshi & Beth 0]

Sounds like you are just having a destination wedding and no K1 is required. It is not visa fraud at all if you are just in the US for a few weeks for the wedding and back to Japan. The key is showing proof of ties to Japan when he enters into the US. All he really needs is a job in Japan (and a letter from his employer would be nice), car payment, house payment, upcoming doctor/dentist appointement are party invitation or something like that showing that he will be returning as well as his return flight. My wife and I were married in the US while my wife was on a B2 tourist visa, she left the US 1 week after the wedding and never overstayed and then we filed for our CR1.

I am living in the USA at the moment, but yes, I guess it is kind of like a destination wedding. I wanted to have the formal ceremony here with my family. Thank you for the information on what he would need to bring! That would be so much easier!!! So he would just need to apply for a B2 Tourist Visa then?

As far as the CR1 Visa is concerned, do I need to be in the USA for him to get that Visa or can we apply for it while we are in Japan?

[Cathi 5,795]

Would he be turned away upon entry if he says that he is getting married? If we don't need the K-1 Fiance Visa what Visa would we need? He is not technically visiting so a Visitor Visa wouldn't be appropriate correct? From my understanding the K-1 Fiance Visa is technically a non-immigrant visa and is for the purpose of getting to know the family, preparing for the wedding and legally getting married within the USA. It is the process after the Fiance Visa that determines if the "then spouse" can stay in the USA on a Spousal Visa/Permanent Visa. From what I read about the K-1 Visa is that it has higher chances of fraud in comparison to other Visas since it is one of quickest routes to receive permanent residency. So therefore they treat it almost as if someone is applying for a permanent residency Visa. I am new to the whole process so please correct me if I am wrong. I'm trying to get a good grasp on what is true and how to get this done properly.

Wrong. The k1 visa is for your fiance to come here for you to get married in the US! Once he is here you have 90 days to get married. It is not an I want my fiance to come here and meet my family visa

Edited July 10, 2012 by mimolicious

[Xanax 349]

I am living in the USA at the moment, but yes, I guess it is kind of like a destination wedding. I wanted to have the formal ceremony here with my family. Thank you for the information on what he would need to bring! That would be so much easier!!! So he would just need to apply for a B2 Tourist Visa then?

As far as the CR1 Visa is concerned, do I need to be in the USA for him to get that Visa or can we apply for it while we are in Japan?

If your fiance is Japanese or eligible for the VWP use that- if you read my post above it should shed a little more light.

[Yoshi & Beth 0]

Wrong. The k1 visa is for your fiance to come here for you to get married in the US! Once he is here you have 90 days to get married. It is not an I want my fiance to come here and meet my family visa

Sorry, I meant meeting the family wrapped up in the wedding preparing/ceremony, not as a US visit with the intention to meet the family only. A sub perk of a wedding not the primary intent.

[elmcitymaven 9,712]

I'm a USC. My then-fiance and I were living in the UK together (in sin!!! ) and came back to the States to get married so my family and friends could celebrate with us. He entered on the VWP, as did his mum. When asked the purpose of his visit to the States, he said he was visiting to marry his American fiancee with whom he lived in the UK, then after the wedding return with her to the UK where she had indefinite leave to remain. Stamp, stamp. We stayed two weeks, got married and went back to London and filed for a CR-1 a month later. Super-easy.

[Scott & Ale 3]

I am living in the USA at the moment, but yes, I guess it is kind of like a destination wedding. I wanted to have the formal ceremony here with my family. Thank you for the information on what he would need to bring! That would be so much easier!!! So he would just need to apply for a B2 Tourist Visa then?

As far as the CR1 Visa is concerned, do I need to be in the USA for him to get that Visa or can we apply for it while we are in Japan?

Japan is on the Visa Waiver Program therefore no B2 is required (link below). My wife is not from a country in the visa waiver program.

http://travel.state.gov/visa/temp/without/without_1990.html#countries

You may never need a CR1 and may always be able to use the VWP. You will only need to think about the CR1 if you plan to move to the US with your husband after you get married. From what you have stated you are not thinking about living in the US therefore no need for a CR1.

[happiestmanalive 23]

Yeah, you are lucky. You get to skip dealing with this government, and be with your fiance without going through a long waiting apart process. Just visiting with no intention of staying, only requires some simple questions upon arrival. You will be fine, and good luck in your future together!

Edited July 11, 2012 by happiestmanalive

[Bryan and Isabel 29]

Sounds more like a destination wedding. I dont think you need the k-1 at all.