We are lost, stressed and in need of help S.O.S.

[TheRealKoda 0]

Hello,

 

We have a few questions about starting the process for getting my fiance (soon to be wife) a visa.  I am in the military currently stationed in South Korea.  Unfortunately, we won’t be able to meet until possibly August because of the current pandemic so it sounds like a proxy marriage is out of the question for our situation since the USCIS doesn't recognise them. 

 

We wanted to know your recommendation for which process we should start. We are thinking about the K1 visa now as opposed to the CR1.  Which process would be the best for us? I will be leaving Korea next February 2021.

She is a German citizen. And would like to have her come with me to my next Duty Station right away without having to go back to Germany.  Is this going to be at all possible? 

 

We don't know how to plan the entire process such as filing and then when we will be able to marry and get her on my orders and when we would even be able to take leave for the embassy interview. Can the embassy interview be done in South Korea since I'm stationed here, or can i fly to Germany to do the interview in Frankfurt Embassy.

 

Is it possible to do the Proxy marriage so that I can do the process to get her on my military orders and still do the K1 visa and then "consummating" the marriage or doing a wedding celebration once we are finally able to meet again in the states? Or will that not work due to already being technically married via proxy? 

 

Thank you for any help. 

[payxibka 10,045]

Interview is based on HER residence not yours 

[TheRealKoda 0]

Just now, payxibka said:

Interview is based on HER residence not yours 

Ahh, ok that makes it a little more simple trying to go to Germany compared to flying her to South Korea.

 

Thank you.

[Crazy Cat 41,888]

17 minutes ago, TheRealKoda said:

Can the embassy interview be done in South Korea since I'm stationed here, or can i fly to Germany to do the interview in Frankfurt Embassy.

You do not interview....she does.

1.  Fly to Germany

2.  Marry

3.  Start CR-1 process........

4.  Wait.......12 to 18 months.

5.  She joins you 

[Ontarkie 14,227]

~~Moved to What Visa Do I Need, from K1 P&P - the OP is exploring his options.~~

[HRQX 4,145]

14 minutes ago, Lucky Cat said:

1.  Fly to Germany

2.  Marry

@TheRealKoda, note that the marriage process in Germany tends to be more bureaucratic than other countries. Some better alternatives include:

• Iceland: https://guidetoiceland.is/history-culture/getting-married-in-iceland
• Gibraltar: http://www.visitgibraltar.gi/getting-married
• Denmark: https://gettingmarriedindenmark.com/getting-married-in-copenhagen/
• Las Vegas
• Hong Kong: https://www.visajourney.com/forums/topic/681690-questions-about-k1-vs-k3-visa/?do=findComment&comment=9335082

32 minutes ago, TheRealKoda said:

so it sounds like a proxy marriage is out of the question for our situation since the USCIS doesn't recognise them.

After it's "consummated" USCIS accepts it: https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html "the marriage has been consummated afterwards." After it's "consummated" the I-130 petition can then be filed.

[geowrian 22,337]

You can marry by proxy, but it won't be valid for immigration purposes until consummated. Unless getting married ASAP is the main goal, it's almost always better to wait to marry until you are physically there. Proxy marriages are just an extra hurdle in the process.

[HRQX 4,145]

1 hour ago, HRQX said:

• Las Vegas

I forgot to include a reminder that she can marry in the US on a VWP/ESTA trip: https://www.visajourney.com/forums/topic/658852-tourist-visa-us-marriage-return-home-apply-for-cr1/ After marriage she leaves the US to wait for the CR-1 process.

Edited April 10, 2020 by HRQX

[Cyberfx1024 7,980]

3 hours ago, TheRealKoda said:

Hello,

 

We have a few questions about starting the process for getting my fiance (soon to be wife) a visa.  I am in the military currently stationed in South Korea.  Unfortunately, we won’t be able to meet until possibly August because of the current pandemic so it sounds like a proxy marriage is out of the question for our situation since the USCIS doesn't recognise them. 

 

We wanted to know your recommendation for which process we should start. We are thinking about the K1 visa now as opposed to the CR1.  Which process would be the best for us? I will be leaving Korea next February 2021.

She is a German citizen. And would like to have her come with me to my next Duty Station right away without having to go back to Germany.  Is this going to be at all possible? 

 

We don't know how to plan the entire process such as filing and then when we will be able to marry and get her on my orders and when we would even be able to take leave for the embassy interview. Can the embassy interview be done in South Korea since I'm stationed here, or can i fly to Germany to do the interview in Frankfurt Embassy.

 

Is it possible to do the Proxy marriage so that I can do the process to get her on my military orders and still do the K1 visa and then "consummating" the marriage or doing a wedding celebration once we are finally able to meet again in the states? Or will that not work due to already being technically married via proxy? 

 

Thank you for any help. 

Hey, I saw your post over on Reddit as well. So am I glad you posted here as well since I am banned in that sub. TBH with you, you need to stick to here for Immigration questions. 

 

You two can get married anywhere. Then once you are married file for the CR-1 visa and try to get it expedited due to you coming home from deployment. Also you do not need to be there for the interview at all. 

 

[Sparkle Sparkle 914]

11 hours ago, HRQX said:

I forgot to include a reminder that she can marry in the US on a VWP/ESTA trip: https://www.visajourney.com/forums/topic/658852-tourist-visa-us-marriage-return-home-apply-for-cr1/ After marriage she leaves the US to wait for the CR-1 process.

Yeah but not presently because of the ban... She won't be allowed in on ESTA

[JFH 12,190]

15 hours ago, TheRealKoda said:

Unfortunately, we won’t be able to meet until possibly August

 

Have you ever met?

[TheRealKoda 0]

Just now, JFH said:

Have you ever met?

yeah, we used to live in Germany together until I got stationed in South Korea.

[HRQX 4,145]

3 hours ago, Sparkle Sparkle said:

Yeah but not presently because of the ban... She won't be allowed in on ESTA

Technically, travelers can enter with an ESTA. The proclamations restrict entry from travelers that have been in certain countries in the 14 days prior to attempting US entry: https://www.dhs.gov/news/2020/03/17/fact-sheet-dhs-notice-arrival-restrictions-china-iran-and-certain-countries-europe "The President issued Proclamations 9984, 9992, and 9993, which suspends entry to nearly all foreign nationals who have been in China, Iran, and certain European countries at any point during the 14 days prior to their scheduled travel to the U.S."

Proclamation 9993: https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-2019-novel-coronavirus/

More info: https://lu.usembassy.gov/esta-cancellation-information-in-response-to-covid-19/ "If you have not been in the Schengen Area during the 14-day period preceding entry, and you are not departing from or transiting through the Schengen Area during your travel to the United States, then you are not subject to the Proclamation."

I.e. a traveler can go to and stay in South Korea, Belarus, etc. to meet the 14 day wait and then enter the US. In reality, those countries (and any transit countries) can have their own travel restrictions that make it too convoluted and thus not feasible to travel to the US.

Edited April 11, 2020 by HRQX

[TabeaK 517]

18 hours ago, Lucky Cat said:

You do not interview....she does.

1.  Fly to Germany

2.  Marry

3.  Start CR-1 process........

4.  Wait.......12 to 18 months.

5.  She joins you 

Word of warning. Marrying is complicated in Germany, even when just one party is a non-domiciled foreigner. It gets exponentially more so if both are - you need months to prepare. Look at Denmark instead.

[NikLR 13,227]

2 hours ago, TabeaK said:

Word of warning. Marrying is complicated in Germany, even when just one party is a non-domiciled foreigner. It gets exponentially more so if both are - you need months to prepare. Look at Denmark instead.

One party is German.