Possible to get married elsewhere and then have it recognized in the USA?

[Trymester3 6]

Sorry if this is a REALLY dumb question, and I've done no research on the matter, but is it possible for you to marry your girlfriend in a different country and then both of you take a trip to the USA and use that document to further help your case, move the process along of your marriage being recognized in the USA. I'm an American citizen, my girlfriend is Japanese, if we were to get married in a 3rd country that no of us has any allegiance to, would this make a difference? Is it even possible?

[QueenE 174]

If you marry K1 isnt applicable for you. I'd look at the spousal visa info

[Anh map 2,098]

Sorry if this is a REALLY dumb question, and I've done no research on the matter, but is it possible for you to marry your girlfriend in a different country and then both of you take a trip to the USA and use that document to further help your case, move the process along of your marriage being recognized in the USA. I'm an American citizen, my girlfriend is Japanese, if we were to get married in a 3rd country that no of us has any allegiance to, would this make a difference? Is it even possible?

You've posted in the K1 forum which covers fiance(e) visas. You cannot be married and seek a K1. K1 is for a fiance(e) to enter the US and then marry in the US.

You can marry anywhere in the world and then file for the CR1 spouse visa.

[amykathleen2005 441]

Are you wanting to file a K-1? If you do you shouldn't get married anywhere. If you get married in another country it will almost definitely be recognized by the US (unless it is some tribal ceremony or something unofficial). What do you mean by "move the process along". For a K-1 it would halt the process, for a spousal it would allow you to start a spousal visa, but so does getting married in Japan or in the US as well

[aaron2020 11,651]

Sorry if this is a REALLY dumb question, and I've done no research on the matter, but is it possible for you to marry your girlfriend in a different country and then both of you take a trip to the USA and use that document to further help your case, move the process along of your marriage being recognized in the USA. I'm an American citizen, my girlfriend is Japanese, if we were to get married in a 3rd country that no of us has any allegiance to, would this make a difference? Is it even possible?

Married is married is married (so long as it does not violate US laws).

If you get married anywhere on Earth and the marriage is valid where it occurred, then you are married in the US. You can get married in China, England, Nigeria, etc. It doesn't matter.

If you get married, then a K-1 fiancee petition (I-129f) will be denied.

It is also immigration fraud to enter the US on a non-immigrant visa (i.e., tourist visa or visa waiver program) with the intention to immigrate to the US. Your marriage and trip to the US to further things along is considered immigration fraud. While it is possible for you to do it, it is illegal. If you pursue this path, then you are gambling that you will not get caught.

For example; lots of people break the law by driving over the speed limit. Not everyone will get caught. But a very unfortunate few will be busted.

If you are already on the K-1 path, then don't get marry and stick to it. It's a lot better than getting marry and having to start the wait from Day Zero.

[Trymester3 6]

Are you wanting to file a K-1? If you do you shouldn't get married anywhere. If you get married in another country it will almost definitely be recognized by the US (unless it is some tribal ceremony or something unofficial). What do you mean by "move the process along". For a K-1 it would halt the process, for a spousal it would allow you to start a spousal visa, but so does getting married in Japan or in the US as well

Sorry if this is the wrong forum. To better explain: I'm looking to marry my girl and have both of us living legally in the US. I am American, she is Japanese. Right now I'm not sure if I can provide the right documents for an affidavit of support (I have money, just that I haven't done taxes in awhile because of other circumstances which presented themselves), so we talked alot and the thought just popped in her head "What if we got married somewhere in a completely different country, that didn't require as much paperwork and such, and then we both went to live in the USA.

[amykathleen2005 441]

Sorry if this is the wrong forum. To better explain: I'm looking to marry my girl and have both of us living legally in the US. I am American, she is Japanese. Right now I'm not sure if I can provide the right documents for an affidavit of support (I have money, just that I haven't done taxes in awhile because of other circumstances which presented themselves), so we talked alot and the thought just popped in her head "What if we got married somewhere in a completely different country, that didn't require as much paperwork and such, and then we both went to live in the USA.

No matter how you get married or enter, if she is coming to immigrate she will need someone to file an affidavit of support. You can look for a cosponsor if you cannot meet the requirements.

[Harpa Timsah 13,258]

You can marry wherever you want, and then file for a spousal visa. Being married by itself does not confer any immigration benefit.

[aaron2020 11,651]

Sorry if this is the wrong forum. To better explain: I'm looking to marry my girl and have both of us living legally in the US. I am American, she is Japanese. Right now I'm not sure if I can provide the right documents for an affidavit of support (I have money, just that I haven't done taxes in awhile because of other circumstances which presented themselves), so we talked alot and the thought just popped in her head "What if we got married somewhere in a completely different country, that didn't require as much paperwork and such, and then we both went to live in the USA.

No matter what, your fiancee or wife will need an immigration visa or fiancee visa to come live in the US.

While I applaud you for trying to be creative and find a quick way that requires less paperwork, there are millions of foreign spouses in the US. If there was a shorter and better way, we would all be talking (typing?) about it. There simply isn't.

Also, for your wife to live in the US, you will need to work out your tax problems. It will not matter if you have a Joint Sponsor or co-sponsor who qualify to file an Affidavit of Support for your fiancee/wife.

There is a BIG REQUIREMENT - the petitioner must prove he/she filed her tax returns for the last three years or provide information why he/she was excused from filing. The basis premise is that if you don't meet your basic obligation as a US citizen to file your tax returns (which funds the US government), then the US government will not grant a visa or green card to anyone you petition for. (I.E., don't file your tax returns = no immigration visas or green cards for your loved ones - simple as that.)

You have a much bigger problem than where to get marry. You got to file your tax returns if you want your fiancee/wife to be allowed to live in the US.

Edited September 24, 2012 by aaron2020

[JimVaPhuong 4,863]

Sorry if this is the wrong forum. To better explain: I'm looking to marry my girl and have both of us living legally in the US. I am American, she is Japanese. Right now I'm not sure if I can provide the right documents for an affidavit of support (I have money, just that I haven't done taxes in awhile because of other circumstances which presented themselves), so we talked alot and the thought just popped in her head "What if we got married somewhere in a completely different country, that didn't require as much paperwork and such, and then we both went to live in the USA.

There appears to be a lot you don't understand yet. Let's help educate you.

The sort of visa she'd be eligible for depends on whether or not you're married. If you're not married then she'd be eligible for a K1 fiancee visa. If you're married then she'd be eligible for a CR1 spousal visa. Both types of visas begin with you filing a petition with USCIS in the United States. Once the petition is approved then it would be sent to the US consulate in her country where she'd interview for the visa.

Every US consulate has the discretion to accept a visa application from someone who is not a citizen of that country, but pretty much every US consulate requires applicants for K1 and CR1 visas to have resident status in that country. They won't accept a visa application from someone who is simply visiting. That fact alone shoots down your plan.

Now, you seem to presume that the type of documents and paperwork needed differ dramatically depending on the country where the beneficiary applies for the visa. The documents required at the petition stage are virtually identical, regardless of what country the beneficiary lives in. The documents required at the consulate stage do vary slightly from one country to another, but not enough that anyone would be compelled to go to a different country to apply for the visa. The thing that varies dramatically from one country to another is the level to which the consular officer will presume the relationship is a sham for the purpose of evading immigration laws. Likewise, the sort of the evidence they'll want to see to overcome this presumption varies dramatically from one country to another. Japan is probably the BEST possible country in Asia for a person to interview for a K1 or CR1 visa. This is because the standard of living compares favorably with the United States, so the consular officer isn't likely to presume that immigration fraud is an underlying motive.

The consular officer will need to evaluate the likelihood that the applicant will become a public charge in the United States. Consulates have a lot of discretion in making this determination with a K1 visa applicant, but they have much stricter rules they have to follow with CR1 visa applicants. Most consulates require an I-134 affidavit of support from the US citizen petitioner with a K1 visa application. Virtually all consulates are required by law to require an I-864 affidavit of support with a CR1 visa application. Some consulates are known to be reluctant to accept a joint sponsor with a K1 visa application, but the US Embassy in Japan is not one of those consulates. All consulates are required by law to accept a joint sponsor with a CR1 visa application.

Because you are the one that files the petition then you must be the primary sponsor. Every sponsor, whether the primary sponsor or a joint sponsor, must meet the requirements to be a sponsor. If the primary sponsor meets the requirements to be a sponsor, but doesn't have sufficient income then they can have a joint sponsor submit an affidavit of support, with the caveats mentioned above.

The requirements to be a sponsor are:

1. You are a US citizen or permanent resident.

2. You are domiciled in the US (i.e., your primary residence is in the US).

3. You have filed income tax returns for each of the past three years, or you can produce a statement explaining why you were not legally required to file a tax return (insufficient income, for example).

If you were legally required to file tax returns but did not, for whatever reason, then your affidavit of support cannot be accepted. They can't accept a joint sponsor if they can't accept the primary sponsor's affidavit of support. You'd have to file your back taxes before you could submit an affidavit of support.

If you weren't legally required to file tax returns then you must produce a signed statement explaining why you weren't legally required to file tax returns, and you can also use a joint sponsor who meets both the requirements I outlined above, as well as the minimum income requirements. Your joint sponsor would also submit an I-864, along with their tax returns or transcripts, and proof that they are either a US citizen or permanent resident domiciled in the US.

Also, if she comes to visit you in the US and you decide to get married and file for her green card then you're STILL going to have to submit an affidavit of support and tax documents. There is virtually no way around this requirement.

[Penguin_ie 5,994]

**** Moving from K1 fiance visa yo General Immigration as OP has not decided on a path yet *****

[bigdog 376]

Hope that worked.

[Pinkrlion 2,724]

No matter what, your fiancee or wife will need an immigration visa or fiancee visa to come live in the US.

While I applaud you for trying to be creative and find a quick way that requires less paperwork, there are millions of foreign spouses in the US. If there was a shorter and better way, we would all be talking (typing?) about it. There simply isn't.

Also, for your wife to live in the US, you will need to work out your tax problems. It will not matter if you have a Joint Sponsor or co-sponsor who qualify to file an Affidavit of Support for your fiancee/wife.

There is a BIG REQUIREMENT - the petitioner must prove he/she filed her tax returns for the last three years or provide information why he/she was excused from filing. The basis premise is that if you don't meet your basic obligation as a US citizen to file your tax returns (which funds the US government), then the US government will not grant a visa or green card to anyone you petition for. (I.E., don't file your tax returns = no immigration visas or green cards for your loved ones - simple as that.)

You have a much bigger problem than where to get marry. You got to file your tax returns if you want your fiancee/wife to be allowed to live in the US.

Agree totally, you are trying to get around the main requirement that gets many petitions denied, the affidavit of support. Unable to prove ability to support and has no co-sponsor.

[tehans 52]

You can get married in a different country then you can come to the US file the CR-1 spouse visa while she waits outside the US for approval (typically 6 months) then she can come here upon approval.

[Tayri n Tudert 11]

Marry her on Mars under the law there and US still recognize it