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hoho

Can we get married now

By hoho in K-3 Spouse Visa Process & Procedures

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hoho Newbie

hoho   0

Posted
Filed: Country: China
 Timeline
Posted

HELLO

I am new. I am grate I found this very useful website.

But I couldnot find out an answer for my question. or I didnot see that

My situation is I come to US two times. At first time I stayed US for 18 months for my training.When I met my boyfriend. Now I am in u s with my B2 visa at second time. My boyfriend wants to get married . Can we get married now when i am in US ?? or I need to apply for K1 visa ?? If we can get married now, can I apply for K3 visa after we get marriage license? where should i wait for K3 visa? I have to leave US,donot I?

Thanks for look at this and your consideration. :dance:

TimsDaisy Proficient

TimsDaisy   0

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

If you entered the country WITHOUT the intent to marry your boyfriend and stay here, then you can marry him now while you're both in the U.S. and then file your papers to adjust your status.

DO NOT LEAVE the United States after you marry him until you file the appropriate paperwork and receive either your green card or what is called "Advanced Parole" to travel to and from the U.S.

Where you may run into problems: you will have to show that you did not enter on the B2 as a way to cheat the system and avoid the wait times for a fiance or spousal visa. Only you know whether or not you can prove this to the government. If you have just been taken away by love and now want to marry but didn't return to the country specifically to get married (did you lie to the person at the airport who asked why you were coming? or did you not know at the time that your boyfriend would propose?)

Assuming that you committed no fraud get married, file the adjustment of status paperwork and DO NOT LEAVE the U.S. If you entered the U.S. intending to marry him but didn't say so - that is illegal.

But you didn't say you did that so you did not do that, correct?

So go get married you crazy love birds and then file your paperwork and make things square with the government.

Alternatively, you can return to your home country and your boyfriend can either fly there to marry you there and you can file for the K3 (spouse) visa. Or you can return home and file the K1 fiance visa. Check the "Guides" tab at the top of this page for information on those visas.

Edited by TimsDaisy

I-129F/K1

1-12-07 mailed to CSC

1-22-07 DHS cashes the I-129F check

1-23-07 NOA1 Notice Date

1-26-07 NOA1 arrives in the post

4-25-07 Touched!

4-26-07 Touched again!

5-3-07 NOA2!!! Two approval emails received at 11:36am

5-10-07 Arrived at NVC/5-14-07 Left NVC - London-bound!

5-17-07??? London receives?

5-20-07 Packet 3 mailed

5-26-07 Packet 3 received

5-29-07 Packet 3 returned, few days later than planned due to bank holiday weekend

6-06-07 Medical in London (called to schedule on May 29)

6-11-07 "Medical in file" at Embassy

6-14-07 Resent packet 3 to Embassy after hearing nothing about first try

6-22-07 DOS says "applicant now eligible for interview," ie: they enter p3 into their system

6-25-07 DOS says interview date is August 21

6-28-07 Help from our congressional representative gives us new interview date: July 6

7-06-07 Interview at 9:00 am at the London Embassy - Approved.

7-16-07 Visa delivered after 'security checks' completed

I-129F approved in 111 days; Interview 174 days from filing

Handy numbers:

NVC: (603) 334-0700 - press 1, 5; US State Department: (202) 663-1225 - press 1, 0

*Be afraid or be informed - the choice is yours.*

mendeleev Proficient

mendeleev   68

Posted
Filed: K-3 Visa Country: Russia
 Timeline
Posted

What exactly do you want to do?

If you want to get married and then leave the USA to follow a CR-1/K3 route, there may be no issue.

If you want to enter the USA on a B2 to get married and stay in the USA with your future husband, that is probably a problem.

5-15-2002 Met, by chance, while I traveled on business

3-15-2005 I-129F
9-18-2005 Visa in hand
11-23-2005 She arrives in USA
1-18-2006 She returns to Russia, engaged but not married

11-10-2006 We got married!

2-12-2007 I-130 sent by Express mail to NSC
2-26-2007 I-129F sent by Express mail to Chicago lock box
6-25-2007 Both NOA2s in hand; notice date 6-15-2007
9-17-2007 K3 visa in hand
11-12-2007 POE Atlanta

8-14-2008 AOS packet sent
9-13-2008 biometrics
1-30-2009 AOS interview
2-12-2009 10-yr Green Card arrives in mail

2-11-2014 US Citizenship ceremony

eau_xplain Experienced

eau_xplain   2

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted
What exactly do you want to do?

If you want to get married and then leave the USA to follow a CR-1/K3 route, there may be no issue.

If you want to enter the USA on a B2 to get married and stay in the USA with your future husband, that is probably a problem.

She's already in the US.

So, the question would be, did she enter with the intent to marry? Or did this decision to get married come up after she has already entered the country (for the second time)?

TimsDaisy's reply provides good details for the OP to consider.

08/17/08: Mailed N400 to TSC

08/19/08: USPS attempted delivery

08/20/08: TSC received N400

08/21/08: TSC cashed check

09/02/08: Received NOA...........Priority date: 08/20/08

..............................................Notice date : 08/22/08

09/02/08: Received Biometrics Notification

09/18/08: Biometrics completed - Charlotte DO

10/24/08: Received Interview Letter

12/08/08: Interview @ 1:00pm. APPROVED!

01/05/09: Oath Ceremony 10:00AM. Now officially a USC!!!

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

01/17/09: Applied for US Passport and passport card

01/28/09: Received US Passport

01/29/09: Received US passport card

01/29/09: Received naturalization certificate back from passport office

erporsche Apprentice

erporsche   0

Posted
Filed: K-3 Visa Country: Colombia
 Timeline
Posted
What exactly do you want to do?

If you want to get married and then leave the USA to follow a CR-1/K3 route, there may be no issue.

If you want to enter the USA on a B2 to get married and stay in the USA with your future husband, that is probably a problem.

She's already in the US.

So, the question would be, did she enter with the intent to marry? Or did this decision to get married come up after she has already entered the country (for the second time)?

TimsDaisy's reply provides good details for the OP to consider.

Read the guide on I 130 for to get insight on intent to marry. I caution those who come on tourist visa with no intent to marry and then marry and want to stay after married.

Best of luck!

09.09.2006 Marriage

I-130

10.03.06 sent

10.12.06 recieved by texas service center

10.18.06 NOA1 recieved from california service center

10.18.06 touched

02.09.07 NOA2 APPROVED! (90 minutes after K3 approval)

Held in CSC since pursuing K3

K-3 Visa

10.20.06 sent

10.24.06 recieved in Chicago

10.26.06 NOA1 recieved from Chicago/Missouri

11.01.06 touched

11.08.06 touched

11.09.06 recieved email advising sent to california service center for processing

11.15.06 recieved in california service center

11.16.06 touched

11.18.06 touched

01.25.07 email advising app was sent on 11.09.06 to california (same email recieved on 11/09/06 ?????)

01.28.07 touched (on a sunday)

02.09.07 NOA2 APPROVED!

Off to NVC

NVC to Bogota

Interview set on 04.04.07

Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted

hoho,

Taking your questions in order:

- Yes. You can get married whenever you want if you meet the requirements for marriage in the place where you want to marry.

- You do not need to apply for a K1 visa to get married in the USA. That's one approach to immigration, but it's not a requirement for marriage.

- You get a marriage license before getting married. After marriage a K3 visa is one approach to immigration.

- If you do apply for a K3 visa, you can make visits to the USA (or attempt to) but you must live outside the USA until you have the visa.

- The question of whether or not you have to leave the USA should be discussed with an immigration attorney who can explore the details of your specific situation with you and your fiance.

Yodrak

HELLO

I am new. I am grate I found this very useful website.

But I couldnot find out an answer for my question. or I didnot see that

My situation is I come to US two times. At first time I stayed US for 18 months for my training.When I met my boyfriend. Now I am in u s with my B2 visa at second time. My boyfriend wants to get married . Can we get married now when i am in US ?? or I need to apply for K1 visa ?? If we can get married now, can I apply for K3 visa after we get marriage license? where should i wait for K3 visa? I have to leave US,donot I?

Thanks for look at this and your consideration.

Rob and Melinda Rising Star

Rob and Melinda   0

Posted
Filed: K-3 Visa Country: Philippines
 Timeline
Posted

By getting married in the US under a B-2 visa you most likely will jeapordize any chance of getting a visa approval later. They will ask you at the point of entry if you are planning on working, travleing getting marrried going to school etc.

If you say no, and that was your plan all along, then you have commited fraud and can be dissbanned forever.

Do it right, come and visit, go home and apply for the k-1 visa.

Rob and Melinda

I-129F

Filed New I-129F form with IMBRA June 19, 2006

NOA 1 June 26, 2006

Touched July 3, 2006

I-129F Approved by E mail August 21, 2006, Just 63 Days

NOA 2 for I-129F Received in the Mail August 26th, 2006

I-129F at NVC

Case Number assigned at NVC August 29, 2006 MNL2006XXXXXXXXX

NVC sends the I-129F to the Manila Embassy August 29th, 2006

Embassy in Manila Receives I-129F August 31st, 2006

Packet 4 Received by Melinda from Manila Embassy October 1, 2006

Interview at Us Embassy Manila, October 18, 2006

Visa Approved! Interview Completed.

Visa Delivered by DELBROS October 28th, 2006

October 30, 2006 Arrived back in LAX with Melinda, were going to Disneyland!!!

November 6th, 2006, Melinda and I are back home in Winslow Arizona loving Life!

TimsDaisy Proficient

TimsDaisy   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted (edited)
By getting married in the US under a B-2 visa you most likely will jeapordize any chance of getting a visa approval later. They will ask you at the point of entry if you are planning on working, travleing getting marrried going to school etc.

If you say no, and that was your plan all along, then you have commited fraud and can be dissbanned forever.

Do it right, come and visit, go home and apply for the k-1 visa.

Rob and Melinda

That's just not entirely true.

Plus, she's in the US already and didn't mention entering with the intent to marry, either way.

See also, this thread in which someone in a situation similar to yours comments on his experiences with AOS after marrying without a K1 or K3. http://www.visajourney.com/forums/index.php?showtopic=59149

Edited by TimsDaisy

I-129F/K1

1-12-07 mailed to CSC

1-22-07 DHS cashes the I-129F check

1-23-07 NOA1 Notice Date

1-26-07 NOA1 arrives in the post

4-25-07 Touched!

4-26-07 Touched again!

5-3-07 NOA2!!! Two approval emails received at 11:36am

5-10-07 Arrived at NVC/5-14-07 Left NVC - London-bound!

5-17-07??? London receives?

5-20-07 Packet 3 mailed

5-26-07 Packet 3 received

5-29-07 Packet 3 returned, few days later than planned due to bank holiday weekend

6-06-07 Medical in London (called to schedule on May 29)

6-11-07 "Medical in file" at Embassy

6-14-07 Resent packet 3 to Embassy after hearing nothing about first try

6-22-07 DOS says "applicant now eligible for interview," ie: they enter p3 into their system

6-25-07 DOS says interview date is August 21

6-28-07 Help from our congressional representative gives us new interview date: July 6

7-06-07 Interview at 9:00 am at the London Embassy - Approved.

7-16-07 Visa delivered after 'security checks' completed

I-129F approved in 111 days; Interview 174 days from filing

Handy numbers:

NVC: (603) 334-0700 - press 1, 5; US State Department: (202) 663-1225 - press 1, 0

*Be afraid or be informed - the choice is yours.*

 
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