K1 visa - can we marry in CNMI?

[Mike E 11,739]

CNMI and Guam are slightly different than Puerto Rico and US Virgin Islands.  While unlike American Samoa, they are 100 percent US soil, the list of visa waiver countries for CNMI and Guam is longer than that of Continental USA + Hawaii + PR + USVI.  Namely Chinese, Russian, and citizens of some other countries don’t need a visa to visit Guam/CNMI and do need a visa for the rest of the USA.  
 

So, while I haven’t had the experience yet, the differences in visa waiver policies implies to me  that flights from CNMI or Guam to Hawaii and the mainland of the USA must have a document / passport check.  
 

So while a K-1 can go to Guam / CNMI with no problem (indeed it is a valid point of entry for K-1s: I know a person who entered the USA on a K-1 at Guam), and get married, without the NOA1 from adjustment of status or an EAD or AP or combo card, my fear is the K-1 will have difficulty flying from CNMI/Guam  to Hawaii or the mainland of the USA.  
 

If it were not  for COVID, this would be at most a minor inconvenience: the NOA1 would arrive in a week or two. These days they are taking months to arrive.  
 

I hope I am wrong.  

Edited January 1, 2021 by Mike E

[Ed&Midori1031 330]

I hope this doesn't sound dumb, but this is fairly all new to me, as I never thought getting married on  U.S. territory (such as Guam or Puerto Rico) would constitute the requirement of getting marrie din the actual U.S.  

 

Please do update us with whatever option you do choose.  As far as the actual wedding, I would recommend being highly prepared on both options, in case one weren't to work out.  

[Orangesapples 1,954]

19 minutes ago, Ed&Midori1031 said:

I hope this doesn't sound dumb, but this is fairly all new to me, as I never thought getting married on  U.S. territory (such as Guam or Puerto Rico) would constitute the requirement of getting marrie din the actual U.S.  

 

Please do update us with whatever option you do choose.  As far as the actual wedding, I would recommend being highly prepared on both options, in case one weren't to work out.  

But why wouldn't it? It's still the US. What if the petitioner lives on a territory full time? 

[Ed&Midori1031 330]

43 minutes ago, Orangesapples said:

But why wouldn't it? It's still the US. What if the petitioner lives on a territory full time? 

I'm sure it's fine, but I would definitely read more into it. 

[HRQX 4,145]

14 hours ago, Purcari1984 said:

Our primary goal is for her to travel to CNMI either directly from Europe or tranisiting through continental U.S. for us to marry in CNMI.

Yes, you can do that. The local office would be in Guam (but still send paperwork to the Chicago Lockbox):

https://www.uscis.gov/about-us/find-a-uscis-office/field-offices

https://web.archive.org/web/20170825003518/https://www.uscis.gov/about-us/find-uscis-office/field-offices/guam-field-office

 

Also: https://web.archive.org/web/20190824072204/https://www.uscis.gov/archive/blog/2014/05/five-questions-about-advance-parole_9

[caliliving 606]

18 hours ago, Loren Y said:

Marriage in california has been taking a long time. 6&8 weeks to schedule, then 6-8 weeks to get your marriage certificate. If you and her can find a way to get to Las Vegas, NV together for about a hour of your time, I can get you both married with certificate in your hands in an hour, then you can do whatever you need to as you will have everything you need for AOS. Message me if you want to do a Vegas wedding. I don't charge VJ members for the service. 

you are so nice and so sweet to do this!!! how amazing!!! happy new year and if i have friends and family to refer to you i will

[Purcari1984 25]

On 1/1/2021 at 2:07 AM, Mike E said:

CNMI and Guam are slightly different than Puerto Rico and US Virgin Islands.  While unlike American Samoa, they are 100 percent US soil, the list of visa waiver countries for CNMI and Guam is longer than that of Continental USA + Hawaii + PR + USVI.  Namely Chinese, Russian, and citizens of some other countries don’t need a visa to visit Guam/CNMI and do need a visa for the rest of the USA.  
 

So, while I haven’t had the experience yet, the differences in visa waiver policies implies to me  that flights from CNMI or Guam to Hawaii and the mainland of the USA must have a document / passport check.  
 

So while a K-1 can go to Guam / CNMI with no problem (indeed it is a valid point of entry for K-1s: I know a person who entered the USA on a K-1 at Guam), and get married, without the NOA1 from adjustment of status or an EAD or AP or combo card, my fear is the K-1 will have difficulty flying from CNMI/Guam  to Hawaii or the mainland of the USA.  
 

If it were not  for COVID, this would be at most a minor inconvenience: the NOA1 would arrive in a week or two. These days they are taking months to arrive.  
 

I hope I am wrong.  

 

This was one of those logistial issues I'm worried about and still need to confirm.  Does passport control exist at any point traveling between CNMI-Guam-Hawaii (and in which directions) due to the visa waivers you mentioned.  My worry is that if my fiance entered CNMI, we got married there, but then she would be "stuck" there until her adjustment of status was filed/approved.  If I had her travel to California first, is she stopped from entering CNMI through Guam/Hawaii for the same reason but in the different direction?  Something I'll need to sort out for sure;  unfortunately I won't have the answer when I travel myself since I'm going a different route through Tokyo.  

 

Thank you for bringing this to my attention.  

[Purcari1984 25]

18 hours ago, HRQX said:

Yes, you can do that. The local office would be in Guam (but still send paperwork to the Chicago Lockbox):

https://www.uscis.gov/about-us/find-a-uscis-office/field-offices

https://web.archive.org/web/20170825003518/https://www.uscis.gov/about-us/find-uscis-office/field-offices/guam-field-office

 

Also: https://web.archive.org/web/20190824072204/https://www.uscis.gov/archive/blog/2014/05/five-questions-about-advance-parole_9

 

Thank you for this HRQX.

 

Based on what I've researched, read here and still need to confirm I think is looking like our most likely plan:

1. Fiance is aproved for K-1 visa
2. FIance enters the U.S. through LAX;  stays in California for a week or so
3. Fiance contrinues onward travel from LAX to CNMI, transiting through Hawaii and Guam
4. Fiance and I are marred in CNMI
5. Fiance applies for SSN in the Saipan Office (does this need to be done prior to marriage?)
6. It is assumed at this point Fiance may not be able to leave CNMI/Guam fro the continental U.S. until she gets her Green Card or files for Advance Parole while her I-485 is still pending due to possible passport checks between Hawaii and Guam. If true, are we correct in making this assumption?  

Any ideas on what sort of timeline we could expect in CNMI/Guam if we did this?  If she's committed to being there only a couple of months it's not the end of the world.

 

We are also considering having me fly to California to meet, get married and then have me return to CNMI alone while she stays behine and waits for her Adjustment of Status.

 

Thank you as well for your information.  

[Orangesapples 1,954]

1 hour ago, Purcari1984 said:

 

1. It is assumed at this point Fiance may not be able to leave CNMI/Guam fro the continental U.S. until she gets her Green Card or files for Advance Parole while her I-485 is still pending due to possible passport checks between Hawaii and Guam. If true, are we correct in making this assumption?  

  

Where did you read this? Travel within the US is allowed. The only issue would be if the plane needs an emergency landing somewhere outside the US or if the flight has a layover outside the US. 

[HRQX 4,145]

1 hour ago, Purcari1984 said:

Does passport control exist at any point traveling between CNMI-Guam-Hawaii (and in which directions) due to the visa waivers you mentioned.

It's at departure airport from CNMI to US-mainland or Hawaii.

1 hour ago, Purcari1984 said:

My worry is that if my fiance entered CNMI, we got married there, but then she would be "stuck" there

She wouldn't be stuck. At the departure airport in CNMI she would present the K-1 visa (in passport) just like any US B-2, F-1, etc. visa holder.

1 hour ago, Purcari1984 said:

Fiance applies for SSN in the Saipan Office (does this need to be done prior to marriage?)

Either before or after. Seems most straightforward when applied in name on K-1 visa (i.e. maiden name) and then changes it later if she fills out AOS froms with married version of name. Earlier is better to allow for processing; the initial deadline is 76 days from entry: https://secure.ssa.gov/poms.nsf/lnx/0110213300

If, within the next 14 calendar days from the current date, either the person’s lawful alien evidence expires or the person’s lawful alien status expires, do not process the SSN application. In these situations, SSA cannot print and mail the SSN card to the applicant before the lawful alien document or alien status expires. Instead, provide written notice (SSA-L676, Refusal to Process SSN Application) to the applicant explaining why you cannot process the SSN application and delete the application.

[Orangesapples 1,954]

19 minutes ago, HRQX said:

It's at departure airport from CNMI to US-mainland or Hawaii.

She wouldn't be stuck. At the departure airport in CNMI she would present the K-1 visa (in passport) just like any US B-2, F-1, etc. visa holder.

Either before or after. Seems most straightforward when applied in name on K-1 visa (i.e. maiden name) and then changes it later if she fills out AOS froms with married version of name. Earlier is better to allow for processing; the initial deadline is 76 days from entry: https://secure.ssa.gov/poms.nsf/lnx/0110213300

If, within the next 14 calendar days from the current date, either the person’s lawful alien evidence expires or the person’s lawful alien status expires, do not process the SSN application. In these situations, SSA cannot print and mail the SSN card to the applicant before the lawful alien document or alien status expires. Instead, provide written notice (SSA-L676, Refusal to Process SSN Application) to the applicant explaining why you cannot process the SSN application and delete the application.

Just to add that changing a woman's name after marriage is optional and it's much easier if it's not changed. 

[Purcari1984 25]

8 hours ago, Orangesapples said:

Where did you read this? Travel within the US is allowed. The only issue would be if the plane needs an emergency landing somewhere outside the US or if the flight has a layover outside the US. 

 

I haven't read this anywhere......perhaps I'm being overly cautious.  But the fact that there are different visa policies in Guam/CNMI and the mainland U.S. indicates that there would be some sort of passport control/check somewhere between those locations.  While it may be official USCIS policy to allow my fiance to travel within the U.S., I'm not sure in an individual CBP agent would understand these nuances and worry she would have trouble boarding a flight from CNMI to California with transits through Guam and Hawaii (or vice versa).  

 

8 hours ago, HRQX said:

It's at departure airport from CNMI to US-mainland or Hawaii.

She wouldn't be stuck. At the departure airport in CNMI she would present the K-1 visa (in passport) just like any US B-2, F-1, etc. visa holder.

Ok.....and this wouldn't count as her attempting a 2nd entry on the K-1 visa?  (Entry 1 being entry to the U.S., Entry 2 being entry from CNMI to U.S.)  If true this is fantastic and this avoids a scenario where she's either stuck in California while I'm working in CNMI or she's stuck in CNMI after I complete my contract and she's still awaiting her Green Card.  

 

Thank you both for the information regarding her SSN.  

[HRQX 4,145]

4 minutes ago, Purcari1984 said:

Ok.....and this wouldn't count as her attempting a 2nd entry on the K-1 visa?  (Entry 1 being entry to the U.S., Entry 2 being entry from CNMI to U.S.)

Correct. Once she enters US soil, she's in the US: https://web.archive.org/web/20190824072204/https://www.uscis.gov/archive/blog/2014/05/five-questions-about-advance-parole_9

Do I need advance parole if I am flying from the continental United States to Puerto Rico?  What about Hawaii, Alaska, Guam, or the Commonwealth of Northern Mariana Islands?

No, advance parole would not be needed if you travel directly between parts of the United States, which includes Guam, Puerto Rico, U.S. Virgin Islands, American Samoa, Swains Island and the Commonwealth of the Northern Mariana Islands (CNMI), without entering a foreign port or place.

[Purcari1984 25]

13 hours ago, HRQX said:

Correct. Once she enters US soil, she's in the US: https://web.archive.org/web/20190824072204/https://www.uscis.gov/archive/blog/2014/05/five-questions-about-advance-parole_9

Do I need advance parole if I am flying from the continental United States to Puerto Rico?  What about Hawaii, Alaska, Guam, or the Commonwealth of Northern Mariana Islands?

No, advance parole would not be needed if you travel directly between parts of the United States, which includes Guam, Puerto Rico, U.S. Virgin Islands, American Samoa, Swains Island and the Commonwealth of the Northern Mariana Islands (CNMI), without entering a foreign port or place.

 

Thank you for your link and clarification.  Obviously this is good for us, but may I ask why there seems to be some discrepancies with other recommendations I've found?  A quick google search of "K-1 visa holder traveling to Guam" will return results from other websites, law firms, etc. that state traveling to Guam, CNMI, etc. is technically allowed, but generally not recommended for the concerns I listed.  Even some sites don't recommend traveling to Hawaii or Alaska;  do you think this is due to the fact that some K1 holders unknowingly terminate their application by transiting internationally (i.e. flying from Alaska to Mainland U.S. via Canada or Guam to U.S. via Japan)?  

[Orangesapples 1,954]

1 hour ago, Purcari1984 said:

 

Thank you for your link and clarification.  Obviously this is good for us, but may I ask why there seems to be some discrepancies with other recommendations I've found?  A quick google search of "K-1 visa holder traveling to Guam" will return results from other websites, law firms, etc. that state traveling to Guam, CNMI, etc. is technically allowed, but generally not recommended for the concerns I listed.  Even some sites don't recommend traveling to Hawaii or Alaska;  do you think this is due to the fact that some K1 holders unknowingly terminate their application by transiting internationally (i.e. flying from Alaska to Mainland U.S. via Canada or Guam to U.S. via Japan)?  

Probably. Hawaii and Alaska are obviously US states.