No, you CANNOT file a I-129F and marry while waiting.

[GabachaYucateca 0]

I will probably be tarred and feathered for this one, but so be it.

It seems that people have two motivations for asking this question: a) the wait is just KILLING them and b)they want their fiance's family at the celebration, and this'd be impossible to make happen in the US.

I can totally understand the latter, and this is why we chose to marry in Santa Fe, just the two of us, so the civil ceremony wouldn't be lopsided with all my peeps. And well, Santa Fe is much cooler than Rhode Island. Of course, we both feel terrible about not having something special with the fam and friends, but we're not a normal couple who can plan weddings at their leisure for family members that can travel. We'll survive by doing something special in Cancun for our first anniversary so his family can be there.

It's the former reason I mentioned that gets my knickers all in a twist. I guess I was just different in that I wasn't positively DYING to be with homeboy during the K1 approval process. We even waited longer than necessary to go for his interview to get our ducks all in a row. I guess what I don't understand is why a couple of months wait for the petition to be approved, sent to the consulate, and interview date set is just so terribly long and arduous that people simply must marry before their NOA2. Yeah, the waiting is painful and it is exciting to share these emotions of nervousness, anticipation, and where the heck is my approval with fellow VJers.

But really, the plan is to be with this dude for the next 60 or so years...what's a couple of months apart in the scheme of things?

[*julez* 124]

Good thinking Lisa, since this does come up so frequently. If it can't be stickied, it should be added to the K1 FAQs.

P.S. I'm happy to see that both you and I are July filers!! About time for both of us, eh???

Yeah, isn't it great!?!?!?! About freakin time no kidding!!!! I'm going to be hittin your timeline like a mofo, you do realize that? lol

HERE WE GO!!!!!!

Tara....this thread was for YOU, hon!

Yay for filing buddies!!! I'll be watching you like a hawk too!!!

[eric_and_teresa 10]

I will probably be tarred and feathered for this one, but so be it.

It seems that people have two motivations for asking this question: a) the wait is just KILLING them and b)they want their fiance's family at the celebration, and this'd be impossible to make happen in the US.

I can totally understand the latter, and this is why we chose to marry in Santa Fe, just the two of us, so the civil ceremony wouldn't be lopsided with all my peeps. And well, Santa Fe is much cooler than Rhode Island. Of course, we both feel terrible about not having something special with the fam and friends, but we're not a normal couple who can plan weddings at their leisure for family members that can travel. We'll survive by doing something special in Cancun for our first anniversary so his family can be there.

It's the former reason I mentioned that gets my knickers all in a twist. I guess I was just different in that I wasn't positively DYING to be with homeboy during the K1 approval process. We even waited longer than necessary to go for his interview to get our ducks all in a row. I guess what I don't understand is why a couple of months wait for the petition to be approved, sent to the consulate, and interview date set is just so terribly long and arduous that people simply must marry before their NOA2. Yeah, the waiting is painful and it is exciting to share these emotions of nervousness, anticipation, and where the heck is my approval with fellow VJers.

I agree and what it's even worst is those cases (I've known 3 cases) actually using a tourist visa to get married, despite that it's considered visa fraud.. somehow they manage to lie to the immigration officers and convince them that they were not planning on getting married! These 3 cases I've known all of them entered the US territory with the intention of getting married! And all of them have their GC already! While the rest of us who are doing things right are still waiting on the line... That is so unfair!

[Fandango 1,439]

I agree and what it's even worst is those cases (I've known 3 cases) actually using a tourist visa to get married, despite that it's considered visa fraud.. somehow they manage to lie to the immigration officers and convince them that they were not planning on getting married! These 3 cases I've known all of them entered the US territory with the intention of getting married! And all of them have their GC already! While the rest of us who are doing things right are still waiting on the line... That is so unfair!

It's only fraud if they plan on staying after the wedding...just to be clear.

[eric_and_teresa 10]

I agree and what it's even worst is those cases (I've known 3 cases) actually using a tourist visa to get married, despite that it's considered visa fraud.. somehow they manage to lie to the immigration officers and convince them that they were not planning on getting married! These 3 cases I've known all of them entered the US territory with the intention of getting married! And all of them have their GC already! While the rest of us who are doing things right are still waiting on the line... That is so unfair!

It's only fraud if they plan on staying after the wedding...just to be clear.

Yes, I know that. These 3 persons got their Green Card already as I mentioned above, they entered with a tourist visit, they pretended to just be visiting when they were asked all the questions at the POE, got married and then told the immigration officer that they had no intention to get married when attending the AOS interview, they made it seem like the wedding was unplanned, but that was not true.. so yes it was fraud, and they got away with it. They were planning to live in the States before entering! In 2 of those cases their immigration lawyer was the one who tell them how to use the tourist visa wait for 1 month and then get married. I know a 4th person now who will do just the same.. and has already been adviced to do so by her lawyer. I can't imagine how many people take that easy route and get away with it! That is so not fair!

Edited July 27, 2007 by eric_and_teresa

[Urge To Race 2]

Okay, I got the tar, but I haven't been able to find any feathers yet so we'll have to wait.

I will probably be tarred and feathered for this one, but so be it.

It seems that people have two motivations for asking this question: a) the wait is just KILLING them and b)they want their fiance's family at the celebration, and this'd be impossible to make happen in the US.

I can totally understand the latter, and this is why we chose to marry in Santa Fe, just the two of us, so the civil ceremony wouldn't be lopsided with all my peeps. And well, Santa Fe is much cooler than Rhode Island. Of course, we both feel terrible about not having something special with the fam and friends, but we're not a normal couple who can plan weddings at their leisure for family members that can travel. We'll survive by doing something special in Cancun for our first anniversary so his family can be there.

It's the former reason I mentioned that gets my knickers all in a twist. I guess I was just different in that I wasn't positively DYING to be with homeboy during the K1 approval process. We even waited longer than necessary to go for his interview to get our ducks all in a row. I guess what I don't understand is why a couple of months wait for the petition to be approved, sent to the consulate, and interview date set is just so terribly long and arduous that people simply must marry before their NOA2. Yeah, the waiting is painful and it is exciting to share these emotions of nervousness, anticipation, and where the heck is my approval with fellow VJers.

But really, the plan is to be with this dude for the next 60 or so years...what's a couple of months apart in the scheme of things?

[wioombeen 0]

I agree that this is probably what wioombeen was referring to, and I was heading there too, all ready to write up a bit explaining the dual purpose of I129f, but I figured for someone who has hung around VJ for as long as wioombeen must have a clue to how a K3 works.

wioombeen,

When married people file the I130 and the I129F they are ultimately pursuing K3 for their spouse. The I130 petition alone will result ultimately in an IR-1/CR-1 immigrant visa. Married people cannot file an I129F without a pending I130. Unmarried people petitioning for their fiance(e) file an I129F, which ultimately results in a K1 visa for the fiance(e). The I129F is used for both purposes.

Where do you see lots of people filing for the Spousal and Fiance visa at the same time?

This doesn't apply to me at all, but now I'm curious. I see a lot of people who are filing for the Spousal and Fiance visa at the same time. why is that? :)

thanks for appeasing my curiosity

Wioombeen

The K-3 requires a I-130 and an I-129f, so therein lies the confusion.

Yeap thats exactly what I meant hehe. thanks for clearing that up. :):)

[DVE7 0]

I'd like to add here that a WEDDING and a LEGAL MARRIAGE are two very different things. So if someone is wanting to do a religious ceremony in their SO's country, they need to check the legalities of it. USCIS clearly tells us that a non-legal religious ceremony is ok, as long is it is not legal in the country in which it takes place.

Can someone else confirm that this is true? Specifically, I want to confirm that it's OK to have a religious ceremony in my boyfriend's country - with my friends/family from the US present - and then apply for the K-1 to get married legally in the US? Are there any links (to the USCIS website or elsewhere) that would confirm this? This is exactly what we want to do, but I want to be sure it's possible before starting to make plans. Thanks!

Edited August 23, 2007 by DVE7

[bszoom42 0]

Can someone else confirm that this is true? Specifically, I want to confirm that it's OK to have a religious ceremony in my boyfriend's country - with my friends/family from the US present - and then apply for the K-1 to get married legally in the US? Are there any links (to the USCIS website or elsewhere) that would confirm this? This is exactly what we want to do, but I want to be sure it's possible before starting to make plans. Thanks!

I highly doubt you will find links from USCIS explicitly condoning this. You need to be very careful with this, as this is a slippery slope, and the burden of proof lies with the visa applicant, not the consular officials.

[Beauty for Ashes 257]

I agree and what it's even worst is those cases (I've known 3 cases) actually using a tourist visa to get married, despite that it's considered visa fraud.. somehow they manage to lie to the immigration officers and convince them that they were not planning on getting married! These 3 cases I've known all of them entered the US territory with the intention of getting married! And all of them have their GC already! While the rest of us who are doing things right are still waiting on the line... That is so unfair!

It's only fraud if they plan on staying after the wedding...just to be clear.

Yes, I know that. These 3 persons got their Green Card already as I mentioned above, they entered with a tourist visit, they pretended to just be visiting when they were asked all the questions at the POE, got married and then told the immigration officer that they had no intention to get married when attending the AOS interview, they made it seem like the wedding was unplanned, but that was not true.. so yes it was fraud, and they got away with it. They were planning to live in the States before entering! In 2 of those cases their immigration lawyer was the one who tell them how to use the tourist visa wait for 1 month and then get married. I know a 4th person now who will do just the same.. and has already been adviced to do so by her lawyer. I can't imagine how many people take that easy route and get away with it! That is so not fair!

It may not be fair but it seems like those of us that do it the right way are not fairing any better. My husband comes from a country where they cannot even get tourist visas so I imagine if he was from the other countries that can that I would be sweating the same dilemma. If he was from the UK I am pretty sure that I would not be wanting to wait 9 months to be together ( pretty crazy that from a "safe" country that these couples have to wait so long. Those of us doing things the "right" way have got to become infuriated from all of this. I know that I for one have cried many many tears wondering when this immigration hell will be over. I have been in the process for over 8 months and 2 with this new petition and i am so tired, depressed and burned out from all of this. At least the timelines seem to be moving finally but I am still facing NVC and all that hell as well. Oh well. At least from what I hear the embassy phase is not so bad

[daytrader 0]

edited - removed per OP's request

[pushbrk 12,872]

I am so glad someone brought up this subject. This is something we are considering. My fiance is from the Philippines and I wanted to spend Christmas with her. Found out that Christmas is such a big deal there that tickets are double what i payed in Aug when I went to meet her. It is cheaper to fly both of us to Hong Kong (no visa required) We have been discussing saying our vows in front of a minister there in Hong Kong. But with no paper work.

She will already have obtained her singleness documents from the Philippines government to present at the embassy for interview. Will she be asked again if she is married and if so is it considered a legal marraige if we dont even have papers.

Will it be difficult to find a minister to do it in hong Kong if we dont want papers signed? Any advice will be appreciated.

"Marriage" is a legal condition. You're either married or you're not. One of the terms of the K1 visa is that you "marry" in the US after using the visa to enter.

Anything you do besides "marry" is not "marriage". Just don't represent yourself as husband and wife until you are.

[edk96c 0]

Does anyone know if religious ceremony in RUSSIA is non-binding by law (meaning it is not considered being a MARRIAGE by the government and their legal system)? Has anyone done that prior to the interview and subsequent move to USA?

[Copperblade 0]

The hardest thing for me to accept was the fact there was no recognized status/application for people planning to be married in another country. Before I knew better, I thought for sure there must be some kind of application I can start on which says that she's my fiance, but we'll be marrying somewhere else, and so we should be able to interview.

I also thought about just doing the religious ceremony in her country, but I was advised not to do that by a lawyer who said that it's risky because if you actually call it a marriage, it doesn't matter if it's legal or not--they'll deny you.

[SAVM 0]

I will probably be tarred and feathered for this one, but so be it.

It seems that people have two motivations for asking this question: a) the wait is just KILLING them and b)they want their fiance's family at the celebration, and this'd be impossible to make happen in the US.

I can totally understand the latter, and this is why we chose to marry in Santa Fe, just the two of us, so the civil ceremony wouldn't be lopsided with all my peeps. And well, Santa Fe is much cooler than Rhode Island. Of course, we both feel terrible about not having something special with the fam and friends, but we're not a normal couple who can plan weddings at their leisure for family members that can travel. We'll survive by doing something special in Cancun for our first anniversary so his family can be there.

It's the former reason I mentioned that gets my knickers all in a twist. I guess I was just different in that I wasn't positively DYING to be with homeboy during the K1 approval process. We even waited longer than necessary to go for his interview to get our ducks all in a row. I guess what I don't understand is why a couple of months wait for the petition to be approved, sent to the consulate, and interview date set is just so terribly long and arduous that people simply must marry before their NOA2. Yeah, the waiting is painful and it is exciting to share these emotions of nervousness, anticipation, and where the heck is my approval with fellow VJers.

But really, the plan is to be with this dude for the next 60 or so years...what's a couple of months apart in the scheme of things?

I'm going to guess that you're probably not of religious/traditionally minded families AND expecting a son who's racing to pop out of his mom's uterus faster than the bureaucrats in St. Albans, Vermont are doing (i.e. should be doing) their job. If you were, would you still feel the same?

Edited June 22, 2009 by SAVM