Jump to content
LoveUnrestricted

Will getting PACSed void the K1 visa?

By LoveUnrestricted in K-1 Fiance(e) Visa Process & Procedures

 Share

6 posts in this topic

Recommended Posts

LoveUnrestricted Rookie

LoveUnrestricted   4

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: France
 Timeline
Posted

Hello all,

My fiance and I decided to wait out the K1 process while living together in France. I've been here for about a month now and though I had some luck getting job interviews, they are not willing to give me a work visa and getting a student visa is too costly for me (i would have to actually pay for class). So we were thinking of getting a PACS (Pacte Civile de Solidarité) so that I can get a long stay visa and work authorization. For those of you who are not familiar with it: PACS in France is not really marriage, its more similar to the Civil Union that we have in the US. My question is, would getting PACSed count towards a marriage and void our K1 visa or is it okay to do?

Thanks

K-1 Process

3/12/2012: I-129F Sent

3/20/2012: NOA1!

9/22/2012: Screw the wait ..... we get married!!! ♥ ♥

9/27/2012: NOA2 ... too little too late :/

10/05/2012: NVC Received

11/28/2012: Letter sent to USCIS to cancel the K1 visa

11/30/2012: I move to live with my hubby in France!

hOIQp1.png

Link to comment
Share on other sites
bruno. Enthusiast

bruno.   4

Posted
Filed: Citizen (apr) Country: France
 Timeline
Posted

Hello all,

My fiance and I decided to wait out the K1 process while living together in France. I've been here for about a month now and though I had some luck getting job interviews, they are not willing to give me a work visa and getting a student visa is too costly for me (i would have to actually pay for class). So we were thinking of getting a PACS (Pacte Civile de Solidarité) so that I can get a long stay visa and work authorization. For those of you who are not familiar with it: PACS in France is not really marriage, its more similar to the Civil Union that we have in the US. My question is, would getting PACSed count towards a marriage and void our K1 visa or is it okay to do?

Thanks

Hi,

To apply for a K-1 visa you must be FREE to marry but if you get PACSed you are not free to marry anymore. For that reason, it would have the same effect as getting married.

Good luck on your journey

Bruno

K-1 2010 / 04 / 02 - I-129F sent
K-1 2010 / 08 / 18 - Interview at embassy in Paris, France
AOS 2011 / 01 / 15 - AOS package sent
AOS 2011 / 04 / 14 - Interview
ROC 2013 / 02 / 04 - ROC package sent
ROC 2013 / 07 / 27 - New GC received

CITIZENSHIP 2014 / 03 / 17 - N-400 package sent
CITIZENSHIP 2014 / 08 / 27 - Oath ceremony

--- THE END ---

Link to comment
Share on other sites
LoveUnrestricted Rookie

LoveUnrestricted   4

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: France
 Timeline
  • Author
Posted

Hi,

To apply for a K-1 visa you must be FREE to marry but if you get PACSed you are not free to marry anymore. For that reason, it would have the same effect as getting married.

Even if I am PACSed to the beneficiary on my petition? I thought the PACS contract was only valid in France and has no validity in US. Is this true?

K-1 Process

3/12/2012: I-129F Sent

3/20/2012: NOA1!

9/22/2012: Screw the wait ..... we get married!!! ♥ ♥

9/27/2012: NOA2 ... too little too late :/

10/05/2012: NVC Received

11/28/2012: Letter sent to USCIS to cancel the K1 visa

11/30/2012: I move to live with my hubby in France!

hOIQp1.png

Link to comment
Share on other sites
LoveUnrestricted Rookie

LoveUnrestricted   4

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: France
 Timeline
  • Author
Posted

Hi,

To apply for a K-1 visa you must be FREE to marry but if you get PACSed you are not free to marry anymore. For that reason, it would have the same effect as getting married.

Even if I am PACSed to the beneficiary on my petition? I thought the PACS contract was only valid in France and has no validity in US. Is this true?

K-1 Process

3/12/2012: I-129F Sent

3/20/2012: NOA1!

9/22/2012: Screw the wait ..... we get married!!! ♥ ♥

9/27/2012: NOA2 ... too little too late :/

10/05/2012: NVC Received

11/28/2012: Letter sent to USCIS to cancel the K1 visa

11/30/2012: I move to live with my hubby in France!

hOIQp1.png

Link to comment
Share on other sites
bruno. Enthusiast

bruno.   4

Posted
Filed: Citizen (apr) Country: France
 Timeline
Posted

Even if I am PACSed to the beneficiary on my petition? I thought the PACS contract was only valid in France and has no validity in US. Is this true?

Even if you are "just PACSed", you can't marry someone else so you are not legally free to marry and that is one of the condition to be eligible on a K1. Also if you dig this forum a little, you'll find stories of people who did a fake fiancée or wedding celebration and were denied because it looked like they were married even though they were not legally married.

Good luck on your journey

Bruno

K-1 2010 / 04 / 02 - I-129F sent
K-1 2010 / 08 / 18 - Interview at embassy in Paris, France
AOS 2011 / 01 / 15 - AOS package sent
AOS 2011 / 04 / 14 - Interview
ROC 2013 / 02 / 04 - ROC package sent
ROC 2013 / 07 / 27 - New GC received

CITIZENSHIP 2014 / 03 / 17 - N-400 package sent
CITIZENSHIP 2014 / 08 / 27 - Oath ceremony

--- THE END ---

Link to comment
Share on other sites
TBoneTX Grand Master

TBoneTX   45,329

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Have you contacted the U.S. Embassy or Consulate (where you would be interviewing for the K-1) to ask this question? Let us know what they say, oui man.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...