Marrying a non-immigrant in their home country as a US citizen

[GoldenApple 0]

I'm dating currently and my boyfriend is a U.S citizen, we've discussed the possibility of marriage and have begun researching the necessary steps needed. Since I'm the non-immigrant, we wanted to apply for a K-1, have me go to the US, get married so I can have the certificate but we wanted a wedding ceremony in my home country after.

Is this possible? Or should we just marry in my home country and apply for the K-3 Visa for me to move to the US?

Thanks in advance.

[Pitaya 2,577]

~Moved from K-1 Process to What Visa Do I Need Forum~

~Inquiry about fiancee vs. spouse visa programs~

[animsaj 1]

I'm dating currently and my boyfriend is a U.S citizen, we've discussed the possibility of marriage and have begun researching the necessary steps needed. Since I'm the non-immigrant, we wanted to apply for a K-1, have me go to the US, get married so I can have the certificate but we wanted a wedding ceremony in my home country after.

Is this possible? Or should we just marry in my home country and apply for the K-3 Visa for me to move to the US?

Thanks in advance.

Well if you decide to apply for K-1 Fiance Visa and get married in the US, file for a green card.... you can always have a ceremony in your home country.... I don't see why not.

That is what my fiance and I are doing.... we just got approved for our K1 Visa we will get married in the states and have a church ceremony later....

If you get married in your home country you can apply that way too but from what I've read the process my take longer and you have an international marriage license.... that is how it is Serbia for instance....

Good Luck on your journey

Animsaj

[Girl from Celebes 588]

I'm dating currently and my boyfriend is a U.S citizen, we've discussed the possibility of marriage and have begun researching the necessary steps needed. Since I'm the non-immigrant, we wanted to apply for a K-1, have me go to the US, get married so I can have the certificate but we wanted a wedding ceremony in my home country after.

Is this possible? Or should we just marry in my home country and apply for the K-3 Visa for me to move to the US?

Thanks in advance.

Of course you can. But, if you wanted to have a legal permanent resident before leaving, you need to adjust your status and usually takes up for several months to get done. Surely you can apply advance parole to let you re-enter US without your green card. Or you can have a legal marriage in US to get a certificate and go back to your home country to have your wedding.

If you don't have desire to move to the US yet but you wanted to married in the US, you can apply a K-1 visa. You can go back to your home country after married and get ceremony there and whenever you are ready to move to the US and then apply a spousal visa. Or you can also apply for a B-2 visa just to get married in the US.

But, a K-1 visa has more choices that when you are decided to stay in the US after married, you can apply for adjustment of status (AOS) but you can't do that for B-2 visa when you have an intent to get married before enter the US and AOSing afterwards because it is consider a visa fraud. B-2 visa only for a visit. I heard, not sure, that a K-3 visa is now obsolete. But some others can give you more explanation about K-3 visa. Good luck!

[HollyGolightly 72]

You have several options:

1) Apply for K1/Fiancé Visa, come to the US marry here and apply for AOS then have another ceremony in your home country as soon as you get your GC. The only down side to that is that the whole K1 to AOS process is long and expensive. K1 could take as long as a year and AOS 6 months to over a year (depending if you get an interview waiver).

2) Get married abroad or in your home country then apply for IR1/CR1 or K3- all spousal visas- process everything abroad and wait to go to the US as soon as that is approved. The down side to that is that you'll have to live apart after your wedding until the visa is approved.

Both are viable options for you. Either of them will involve wait times that vary depending on the current schedules. I suggest you weigh your options, read about current processing times and see what works best for you.

[GoldenApple 0]

Thanks for the great info! We were hoping to get married over in the US, like have the certificate then return to my home country and have a wedding, sort of a way for me to say good bye to my friends and family. I know the processes can take a while so I just want the most short lived one as I don't want to be away from him for months either.

[GoldenApple 0]

Here I am with another question! I was curious about this since my boyfriend brought it up tonight but if things go well and we did decide to get married, when applying for the K-1 visa, would he have to be living on his own or would him living at home be okay too. He works full time so money isn't an issue but we were curious if he had to be out of his parent's house to contribute to the success of the visa. I personally think if it was a spousal visa, he would have to be out on his own but I wasn't sure about if it'd be so for the K-1.

[Boiler 45,525]

Certainly one of the weirder questions, he can live where he wants to.

[GoldenApple 0]

Haha, yes it's weird but heck, he brought it up so I'm just trying to be helpful. Thanks for your help!

[NikLR 13,227]

BTW you may want to look up the AOS procedure. After you enter on the K1 you cannot leave the USA until AOS is filed and you obtain the Advance Parole document. That normally takes about 3 months after filing the AOS. The green card takes anywhere from 4 months - 1 yr (ish) so if you want to plan a big wedding back home, you have the time to do it of course. K1 take 2-8 months... (normally about 4-6)

[GoldenApple 0]

Aha, yes, I am reading up about the AOS as well since I know that would be the next step after I enter on the K-1. We're still discussing possible future plans and trying to make things as simple as possible. I definitely don't want a big wedding and neither does he so we might just do a small wedding over there in the US after getting the K-1, with our families present and some friends. Thanks for giving me the time frames, highly appreciated.

[GoldenApple 0]

Now, I just want to make sure I have the steps right according to the http://travel.state.gov/ and on the website here.

1) Make cover letter about our case and show what's in the package, sign and date.

2) File for Form I-129F and pay.

3) Each of us shows an explanation of how we met and sign and date our respective copies.

4) Letters of intent from us both of plans to marry within 90 days, sign and date.

5) Show proof of having met within the last two years, ticket passes, hotel receipts, emails, conversations etc

6) G-325A filled out by me. (foreign fiancee)

7) He needs my passport picture to bag and label.

8) He needs to copy his birth certificate.

9) We've both never been married, changed name of had trouble with the law so don't think we need proof of other things hopefully.

10) I apply for DS-160 at some point I'm assuming after the I-129F is filed.

Did I miss any steps?

Edited April 8, 2014 by GoldenApple

[GoldenApple 0]

10) I apply for DS-160 to take to the interview after fiance gets letter from NVC, take passport, medical examination documents, two photographs etc.

Forgot to add that to the last one.

[NickD 203]

Don't know anything about Barbados, but for us to get married in Colombia, a whole bunch of extra red tape and expenses. But we were planning on living in the US.

Wife's niece ran into the same thing, came here last September on a K-1, had no choice but to get married by a judge, have to kept the USCIS happy, but planning on getting their marriage blessed in a Catholic church. We are invited, but the soonest they could do this is next August.

Either you get married in that 90 day deadline or go home. How do you spend your honeymoon? Filling out USCIS AOS forms of course. Honeymoon can be done later.

[GoldenApple 0]

Haha, yes, very true. We haven't even talked about a honeymoon, we know we'll be doing forms for my AOS.