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HislittleSecret

Please give me some insight!!

By HislittleSecret in IR-1 / CR-1 Spouse Visa Process & Procedures

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HislittleSecret Enthusiast

HislittleSecret   21

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

My fiance and I have submitted the I-129F and it was accepted on September 10th....we received an RFE for evidence and that is all fine but....I would like your input and knowledge on another matter. He is a PhD chemical engineering research student in England and he will not be able to just leave school and through the wait time for the change of status or the advance parole. So, we decided to go to Nigeria in March 2014 to legally get married. I didn't really want that much time between when we make it legally official and the ceremony. So, I am wondering if we would be breaking any laws if we were to have a wedding here in the US after we have gotten legally married in Nigeria. I know that he will need some type of visa to come into the country....and I am leaning towards the B2 . Bottoms line I need to know if we would be breaking any laws if we were to have a ceremony in the US while he is on a B2.

SN: I hope this is not a crazy question to you all. Or if the answer is anywhere on the board. I am asking because I don't see where we would be breaking any immigration laws since technically it's already legal and my pastor is just doIng the ceremony and not signing anything. I do know that after we marry I have to file in for the spousal visa.

kmiami15 Collaborator

kmiami15   8

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
Posted

I am a little lost... K1 visa is only if you intend to marry in the US... if you marry in Nigeria, it automatically defeats the purpose of the K1 visa.... meaning, you are legally married, you will have to file the I130.... Also, if you come into the country on a B2 visa with the intention of getting married, you can be accused of visa fraud.... please think carefully on what your next will be...

I-129F Mailed: 8/23/13

Received at lockbox in Texas: 8/26/13

Text/Email Received: 8/29/13

Case at: TSC

NOA1 Received: 9/3/2013

Alien number changed: 9/18/2013

No RFE!

Petition Approved: 11/25/2013

Petition sent to the NVC: 12/12/13

Obtained case number: 12/19/2013

Petition sent to the consulate: 12/23/2013

Interview: 01/10/2014

dwheels76 Grand Master

dwheels76   5,469

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

My fiance and I have submitted the I-129F and it was accepted on September 10th....we received an RFE for evidence and that is all fine but....I would like your input and knowledge on another matter. He is a PhD chemical engineering research student in England and he will not be able to just leave school and through the wait time for the change of status or the advance parole. So, we decided to go to Nigeria in March 2014 to legally get married. I didn't really want that much time between when we make it legally official and the ceremony. So, I am wondering if we would be breaking any laws if we were to have a wedding here in the US after we have gotten legally married in Nigeria. I know that he will need some type of visa to come into the country....and I am leaning towards the B2 . Bottoms line I need to know if we would be breaking any laws if we were to have a ceremony in the US while he is on a B2.

SN: I hope this is not a crazy question to you all. Or if the answer is anywhere on the board. I am asking because I don't see where we would be breaking any immigration laws since technically it's already legal and my pastor is just doIng the ceremony and not signing anything. I do know that after we marry I have to file in for the spousal visa.

Okay first are you planning to withdraw your I-129F petition? You won't be trying for a B2 while you have a I-129F.

And if you are approved before Match 2014 and he comes to US he is stuck here for a while at least until he gets advance parole which you can get within 90 days usually. You will have to get married here first but after he gets advance parole you could go to Nigeria and have another ceremony.

But again i ask what of your active petition now?

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HislittleSecret Enthusiast

HislittleSecret   21

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted (edited)

We do plan on withdrawing now. We didn't realize this until after I was reading on here and someone was saying that he couldn't leave for a while. So, we recently decided to withdraw the petition. Umm... I wanted to know if it would be illegal to have a ceremony. I do know that we will have to do the I-130 after March. I guess I am under the impression that there are no marriage license needed to be signed when you are already married. He is not immigrating here until after he is approved for the spousal visa. Which could possibly be sometime in the latter part on 2014...that would be whn he could make that move. We just want to know that if we get married In Nigeria, will it be illegal to have a ceremony here when he comes and visits? He does plan on going back to the UK after his visit until he is approved to come indefinitely.

Edited by KJEret
kmiami15 Collaborator

kmiami15   8

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
Posted

you can have a symbolic ceremony, but you cannot "re marry" in the US if you are already married in Nigeria.... good luck!

I-129F Mailed: 8/23/13

Received at lockbox in Texas: 8/26/13

Text/Email Received: 8/29/13

Case at: TSC

NOA1 Received: 9/3/2013

Alien number changed: 9/18/2013

No RFE!

Petition Approved: 11/25/2013

Petition sent to the NVC: 12/12/13

Obtained case number: 12/19/2013

Petition sent to the consulate: 12/23/2013

Interview: 01/10/2014

KayDeeCee Grand Master

KayDeeCee   4,896

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

I am a little lost... K1 visa is only if you intend to marry in the US... if you marry in Nigeria, it automatically defeats the purpose of the K1 visa.... meaning, you are legally married, you will have to file the I130.... Also, if you come into the country on a B2 visa with the intention of getting married, you can be accused of visa fraud.... please think carefully on what your next will be...

It is perfectly legal to come to the US on a tourist visa with the intention of getting married. People come to the US to get married all the time. It is not ok to come to the US on a tourist visa with the intention to marry and STAY, filing for AOS.

OP> You can have a ceremony in the US. No legal papers will be filed at that time, since you will already be married.

~ Moved from K-1 Process to IR-1/CR-1 Process- OP planning to marry and file an I-130 to start spousal visa process ~

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

NigeriaorBust Grand Master

NigeriaorBust   4,087

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

If you marry in the US in married every where in the world . If you marry in Nigeria in March you are married everywhere. A k1 is to come marry and stay to live after the wedding. A Cr1 is for married people to start living together in the US. B2 are a little hard to get, especially when you have a US citizen spouse/fiancee . If you are planning on getting married in March you probably won't have a K1 in hand before then so you will be starting out over after you have marriage certificate in hand to get an I130 and it will be about a year after that you will be able to move here.

This will not be over quickly. You will not enjoy this.

 
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