Fiance Visa (K1) Issued

[Paul & Mallory 1,398]

Could your friend squeak by on a technicality? Possibly. Could they also be rejected because of it? Also possible. People have been denied a K1 visa for as much (having a religious ceremony and not feeling it's a "legal wedding" or marriage), so I would think it'd be just as plausible to be denied entry ON a K1 visa for the same reason. I agree with others - it could all come down to the judgement of the CO approached, and what's said.

[ThomasNC1988 762]

I think either you're legally married or you aren't. CPB is not going to give you a visa interview. They aren't going to ask to see photos to prove you relationship(though its plausible they will look through your devices, but unlikely). The thought that USCIS will find out about your ceremony in the future is laughable. People give USCIS all the credit and no credit at the same time. Why and how would they investigate if you had a religious ceremony in your home country, and if for some reason they did and you weren't legally married why would they care? Here's a clue, they won't. Now if you are legally married that is a whole other call game. POE questioning and visa interviews are entirely different things, has anyone ever seen someone denied entry at the border for being "too married"? Everyone is just speculating with the normal death and disaster tone you get around here.

[Crazy Cat 41,898]

During adjustment of status process, USCIS looks for all grounds of inadmissibility. From an immigration attorney:

 

"An I-485 application for permanent residency is considered an application for admission to the U.S. This is a counter-intuitive concept that many struggle with. Even though the applicant is already in the country, U.S. Citizenship and Immigration Services (USCIS) treats the person as though they are outside the U.S. and seeking entry. Why does that matter? Because the person is screened for all grounds of inadmissibility."

[ThomasNC1988 762]

8 minutes ago, missileman said:

During adjustment of status process, USCIS looks for all grounds of inadmissibility. From an immigration attorney:

 

"An I-485 application for permanent residency is considered an application for admission to the U.S. This is a counter-intuitive concept that many struggle with. Even though the applicant is already in the country, U.S. Citizenship and Immigration Services (USCIS) treats the person as though they are outside the U.S. and seeking entry. Why does that matter? Because the person is screened for all grounds of inadmissibility."

I think it is a stretch at best to tie that to the "too married" designation got K-1. I have a coworker you had a religious marriage ceremony in Thailand after getting her K-1 visa in Thailand. Now a Christian marriage ceremony in Thailand doesn't make you legally married to my knowledge. She is now a USC and I asked her if she ever told USCIS about it, of course it was over 10 years ago and she doesn't remember. She did say that she knows she didn't try to hide it from them because she never thought of it as an issue. It was a full on 10k USD wedding so it was no small affair that could be easily hidden if someone were investigating. Now ones person experience does not make it something that is a good practice, but it is the closest example that I have seen anyone sight. Overall, if they are not legally married there is no grounds for inadmissibility. Now if they are legally married of course they can't use the K-1 legally and I wouldn't suggest that they do, but there is very little chance that if they did it would ever even come up. Point being everybody keeps saying they need to do CR-1 and its not based on any fact or relevant example just worst case scenario conjecture.

[Mieka91 27]

They’ll be fine. No worries!