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Filed: K-1 Visa Country: Mexico
Timeline
Posted

Hello everyone,

My fiance is getting a K1 visa to be able to marry me and move to the US. One of the stipulations of the K1 is that you must get married in the US. However we've read about having a proxy wedding where she doesn't need to be present. Is this legally posible to do with her staying in Mexico the entire time? If so would it cause any problems once we apply for AOS?

I'm looking into this because it would be better for us if we could be married legally in the US without her having to come here and a week or two later have a wedding service in Mexico and then come back to the US her using the K1.

I know it's all a long shot,

But that's to anyone who can help us out

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Proxy weddings are a nightmare for immigration. Rarely have we seen them be simple or successful on VJ.

If you want to get married, get married. Then file a spouse visa petition. It's cheaper and easier (fewer steps, no adjustment of status ($1000+ fee) than the K1 process.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: K-1 Visa Country: Mexico
Timeline
Posted

It looks like I left out some important information in the first post. My fiance and I are almost finished with the K1 visa process. Her interview date is March 1. Assuming she gets the visa we plan to have a small "backyard" wedding in the US early April. The thing is we're hoping to find a backup plan incase her mom gets denied for a tourist visa and can't come to the wedding in the US. Her mom has a decent shot at getting her visa so we're not to worried about it, but want to be prepared just in case her mom gets denied. At the moment the only plan we have would be to have a civil marriage here fist and then go to MX to have a wedding ceremony. But we would have to worry about advance parrol and it would probably cost us 2000-3000 which is a lot for us so we're looking for any alternatives that would let us have a wedding ceremony in Mexico without having to go in too many circles or cost too much.

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

You cannot enter the US with a K-1 if you are already married. To use a K-1 visa, the unmarried foreign fiance(e) will enter the US and marry in the US within 90 days of entry. Once you are married, you then file for AOS and include the forms for the EAD and AP. The foreign spouse cannot leave the US without AP or the green card first, or they will abandon the AOS, and you will need to start over and file an I-130 petition to begin the spousal visa process in order for the foreign spouse to return to the US. AOS is $1070, and that includes the EAD/AP because the fees for those forms are waived.

If you want to get married in Mexico, then withdraw the I-129F petition, don't interview for the K-1 visa, marry, and then start the 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

 
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