May not receive K1 in time for wedding - please help!

[vpalermo85 62]

Hi,

Thanks for the reply.

I think we'll go with option 1. Do you have any idea about whether the border guard would see that we applied for a K1...and then what happens if I am asked if I plan on getting married...I realize that might look like I have 'intent to immigrate' - even though I don't. I'll only be in the US for 2 weeks and she will move to the UK a few months after.

Even if you successfully enter the country, you won't be able to get a priest or judge to 'legally' marry you in the sense that the state will recognize it. Our priest for our wedding needs to see that my fiance and I can legally get married (ie see proof that the visa is approved and he's a legal resident) before he marries us. Also it's illegal to enter the US with the intention of marrying another citizen as it's fraud.

Aside from that, I didn't prescribe to the cardinal rule myself. We booked our wedding plans a year in advance and filed with enough time to spare but that was only because we knew our situation and relationship was straight forward. We didn't have any red flags in our file and the only reason we did it this way was because I knew what I was doing as I graduated law school. But even with those assurances, there's a lot more stress when you know it has to get done within a certain time. Something...anything might happen that could slow it down. Only you know what potential red flags could be in your file and as you haven't filed in your timeline, we can't really give you any information.

Like most in this thread have pointed out before, if you don't intend to live here after the visa, there are going to be a list of complications you'll have to deal with later on if you want to return to the US. You and your fiancee should really sit down and discuss which option is best for you and your relationship. A K-1 doesn't seem like the route you want though.

Edited March 8, 2016 by vpalermo85

[yuna628 9,665]

Even if you successfully enter the country, you won't be able to get a priest or judge to 'legally' marry you in the sense that the state will recognize it. Our priest for our wedding needs to see that my fiance and I can legally get married (ie see proof that the visa is approved and he's a legal resident) before he marries us. Also it's illegal to enter the US with the intention of marrying another citizen as it's fraud.

Aside from that, I didn't prescribe to the cardinal rule myself. We booked our wedding plans a year in advance and filed with enough time to spare but that was only because we knew our situation and relationship was straight forward. We didn't have any red flags in our file and the only reason we did it this way was because I knew what I was doing as I graduated law school. But even with those assurances, there's a lot more stress when you know it has to get done within a certain time. Something...anything might happen that could slow it down. Only you know what potential red flags could be in your file and as you haven't filed in your timeline, we can't really give you any information.

Like most in this thread have pointed out before, if you don't intend to live here after the visa, there are going to be a list of complications you'll have to deal with later on if you want to return to the US. You and your fiancee should really sit down and discuss which option is best for you and your relationship. A K-1 doesn't seem like the route you want though.

They can go to any courthouse or JOP that will marry them, not sure why you think that's not possible. There is no need for a priest. Religious matters involving marriage have nothing to do with the state.

It is not illegal to the enter the US with the intention of marrying another citizen. What is illegal, is intending to marry without returning home or directly lying to an immigration officer and misrepresenting what you intend to do with the purpose of your 'trip'. It is up to the person to prove that they intend to return home. CBP might warn ahead of time ''hey don't get married'' but the law is the law. That being said plenty of persons do both, and successfully every single day. Others consider it a grey area and still others argue it's a moot point. Marriage is governed by states, not federal law. The purpose of a K1 is to marry and be allowed to stay in the US by adjustment of status - though the person does not have to if they do not wish to. It's their filing fee loss. If they didn't intend to live here in the first place, it was a mistake to file the K1 -- however, the K1 doesn't bind them to stay here, it gives them the option to do so with a legal pathway.

In any of the options the OP chooses it will involve filing for a spousal visa, especially because they don't intend on staying here.

Edited March 8, 2016 by yuna628

[Boiler 45,411]

Even if you successfully enter the country, you won't be able to get a priest or judge to 'legally' marry you in the sense that the state will recognize it. Our priest for our wedding needs to see that my fiance and I can legally get married (ie see proof that the visa is approved and he's a legal resident) before he marries us. Also it's illegal to enter the US with the intention of marrying another citizen as it's fraud.

Aside from that, I didn't prescribe to the cardinal rule myself. We booked our wedding plans a year in advance and filed with enough time to spare but that was only because we knew our situation and relationship was straight forward. We didn't have any red flags in our file and the only reason we did it this way was because I knew what I was doing as I graduated law school. But even with those assurances, there's a lot more stress when you know it has to get done within a certain time. Something...anything might happen that could slow it down. Only you know what potential red flags could be in your file and as you haven't filed in your timeline, we can't really give you any information.

Like most in this thread have pointed out before, if you don't intend to live here after the visa, there are going to be a list of complications you'll have to deal with later on if you want to return to the US. You and your fiancee should really sit down and discuss which option is best for you and your relationship. A K-1 doesn't seem like the route you want though.

Horribly wrong.

How do you think Las Vegas weddings happen, or the millions here illegally marry?

[PandK2016 0]

In any of the options the OP chooses it will involve filing for a spousal visa, especially because they don't intend on staying here.

That was all looking good - but this final line threw me off.

It looks like our best option is for me to go to the US on an ESTA, get married and return to the UK...she will then apply for a UK spouse visa and move to the UK.

Why would I need a spousal visa "especially" because they don't intend on staying in the US?

[TBoneTX 45,156]

A couple of gentle corrections. First, everything is at the I-129F petition stage. Referring to "K-1" is premature.

The only advice I can give you about answering questions from an customs officer is to tell the truth.

VJ member HFM181818 may provide better insight on this as he is a retired customs officer. I do remember him posting in another thread a while back his experiences similar to this where he would encounter people claiming to be only visiting the US for a "vacation" then when they go through their luggage they find wedding dresses.

Most definitely tell the truth. CBP thrives on the truth.

Second gentle correction: HFM181818 is a retired consular officer. He did indeed spend time alongside CBP agents, observing, as the latter admitted people into the U.S. Good memory by the quoted poster.

[yuna628 9,665]

That was all looking good - but this final line threw me off.

It looks like our best option is for me to go to the US on an ESTA, get married and return to the UK...she will then apply for a UK spouse visa and move to the UK.

Why would I need a spousal visa "especially" because they don't intend on staying in the US?

Because once you are married to your US spouse, you have no LEGAL pathway to reside with your spouse in the US in the future, unless you file for a US spousal visa.

The UK citizen, once married to the US citizen can return home to their country and live there however they want. But in order for the US citizen to live with them in the UK, they will also have to go through the UK visa process (and you will remain separated anyway). There are many regulations about this that are vastly different to the US system, some can be difficult, so be prepared to understand that process.

You haven't made it clear where the US spouse will live once married to you. Whether they will move to the UK with the UK citizen, or you will remain apart until you decide to file a US Spouse visa and live in the US.

Edited March 8, 2016 by yuna628

[PandK2016 0]

Because once you are married to your US spouse, you have no LEGAL pathway to reside with your spouse in the US in the future, unless you file for a US spousal visa.

The UK citizen, once married to the US citizen can return home to their country and live there however they want. But in order for the US citizen to live with them in the UK, they will also have to go through the UK visa process (and you will remain separated anyway). There are many regulations about this that are vastly different to the US system, some can be difficult, so be prepared to understand that process.

You haven't made it clear where the US spouse will live once married to you. Whether they will move to the UK with the UK citizen, or you will remain apart until you decide to file a US Spouse visa and live in the US.

Ah ok, you were referring to after the marriage - phew!

My US fiance will move to the UK - so aware that we'll need to do a UK spouse visa in August/September.

Thanks!

[JFH 12,189]

Even if you successfully enter the country, you won't be able to get a priest or judge to 'legally' marry you in the sense that the state will recognize it. Our priest for our wedding needs to see that my fiance and I can legally get married (ie see proof that the visa is approved and he's a legal resident) before he marries us. Also it's illegal to enter the US with the intention of marrying another citizen as it's fraud.

They can get married in Vegas with just ID and a quick trip to the courthouse to get a licence. The licence office is open 24 hours a day. They could be married within a few hours of landing there if they wanted to. We didn't have a priest or judge marry us in Washington state. We specifically wanted no mention of God in our ceremony whatsoever. It took 8 minutes and is 100% legal. Edited March 8, 2016 by JFH

[SunflowerSweet 1,321]

Even if you successfully enter the country, you won't be able to get a priest or judge to 'legally' marry you in the sense that the state will recognize it. Our priest for our wedding needs to see that my fiance and I can legally get married (ie see proof that the visa is approved and he's a legal resident) before he marries us. Also it's illegal to enter the US with the intention of marrying another citizen as it's fraud.

Who told you any of this? If it was a lawyer please report them to the bar. If it's just you spouting off the top of your head, please do some more research before making such blanket statements.

Every state and even every COUNTY within a state has different practices on what you need to supply if you want a marriage license. People have mentioned Vegas, and I personally know a good number of counties in my state (WI) can provide next-day or even same-day (depending on the time of day you apply) marriage licenses. All that is needed is proof of residency and ID's for parties. So, photo ID's with home addresses on them essentially.

Coming here with the intention to get married is also not illegal. Have you ever heard of destination weddings? It's coming here with the intent to immigrate without a proper visa that is illegal. Sheesh.

OP, the K-1 was most likely a mistake for you and if you truly do not have any plan of moving the wedding and staying then I suggest you cancel it now. True you have already paid the I-129f fee but if you want to continue you will also need to pay for the medical which is £235 (aout $340 in current USD) and the visa fee which is $160. That's quite a it of money for something that is virtually useless if you don't plan on staying.