K1 married in the UK

[Tricked 33]

Can I ask a hypothetical question relating to a K1 applicant.

(I'll preface this by saying this isn't me...)

I think I know the answer to this, but would appreciate others confirming.

Would being legally married in the UK, cause any issues for a K1 visa applicant, either in getting approval, or in future at AOS filing.

Current state is Approved with USCIS.

Thank you.

[teeak 224]

Yes.

https://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

If you check the above eligibility requirements, they state:

• You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.

[yuna628 9,677]

K1 visas are for fiancés, not married people. To claim to be single when they are married would be fraud. In other words a big fat no no with big fat consequences.

[LionessDeon 2,060]

Yes. Big no-no

[NikLR 13,227]

Yes it's a huge issue for a K1 visa.

However, be aware that a spousal visa, k3, also uses the I-129F. Just because someone has filed an I-129F does not mean they are exclusively chasing a K1 visa. If they also sent an I-130, and are married, they could be trying to chase a K3 visa.

[Illiria 980]

Yes applying for a k1 when you are already married and lying about it is material misrepresentation and permanent ban level of bad. One of the requirements to apply for and use a k1 is that you are free to marry

[JFH 12,190]

What was approved and when? Was the I-129F approved and then the couple decided to get married without waiting for the K-1? Seems an odd thing to do since after the USCIS approval the process to visa issuance is relatively fast (compared to other visa paths). If the couple were free to marry when they filed the I-129F and circumstances changed, although they can no longer continue with the K-1 they haven't lied and need to withdraw from K-1, load up on patience and nerves of steel and set themselves off on the 1-year-plus journey to CR-1. Unless they both lawfully live in the UK and can file by DCF at London embassy.

It's quite something else if they were already married and lied on the I-129F and this has been approved. They've got some explaining to do...

[Tricked 33]

What was approved and when? Was the I-129F approved and then the couple decided to get married without waiting for the K-1? Seems an odd thing to do since after the USCIS approval the process to visa issuance is relatively fast (compared to other visa paths). If the couple were free to marry when they filed the I-129F and circumstances changed, although they can no longer continue with the K-1 they haven't lied and need to withdraw from K-1, load up on patience and nerves of steel and set themselves off on the 1-year-plus journey to CR-1. Unless they both lawfully live in the UK and can file by DCF at London embassy.

It's quite something else if they were already married and lied on the I-129F and this has been approved. They've got some explaining to do...

It was the former. And the NOA2 approval.

And assuming it was K1, a misunderstanding of the type of visa needed I would think.

Hopefully they have already filed I-130 and its a k3 they are now working on, and I've just misunderstood their circumstance.

I've pointed them here at any rate, so hopefully they can get a steer from the thread/guides here.

Thanks for the replies.

[JFH 12,190]

A K-3 is unlikely to happen (but no harm in trying - we have also sent an I-129F in addition to I-130 as it doesn't cost anything). Likely they will end up on a CR-1 route but they need to let USCIS know of the change of plan.