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

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Thanks for the advice. I am begining to understand the process more from VJ members. My appreciation to everyone and may God bless each and every one of you and your household.

Dr. K

My advice would be to use the visit itself as further evidence of a bona fide relationship and avoid any mention of a ceremony of any kind. This is the highest fraud Consulate, so don't play with the flame.
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  • 4 months later...
Filed: Country: Canada
Timeline

I am a canadian citizen who has been dating a us citizen for over 5 years and we are looking to get married in September 2011. I was told by the us customs at the detroit border that we are to apply for K1 fiancee visa and get married within 90 days after getting the K1. Approximately how long does it take to process the K1 and get the actual visa.

I also saw posts about applying for an I 130, is this before or after the k1?

If anyone knows about other steps I might have to take before that. I have over a year to get this done right and would like to have all my ducks in a row ...

Any help would be greatly appreciated

Matthew

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I am a canadian citizen who has been dating a us citizen for over 5 years and we are looking to get married in September 2011. I was told by the us customs at the detroit border that we are to apply for K1 fiancee visa and get married within 90 days after getting the K1. Approximately how long does it take to process the K1 and get the actual visa.

I also saw posts about applying for an I 130, is this before or after the k1?

If anyone knows about other steps I might have to take before that. I have over a year to get this done right and would like to have all my ducks in a row ...

Any help would be greatly appreciated

Matthew

Research the processing times and visa timelines for people in your situation. (i.e. Canadian request, etc.) This will give you the best idea of what to expect.

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Filed: Citizen (apr) Country: Canada
Timeline

I am a canadian citizen who has been dating a us citizen for over 5 years and we are looking to get married in September 2011. I was told by the us customs at the detroit border that we are to apply for K1 fiancee visa and get married within 90 days after getting the K1. Approximately how long does it take to process the K1 and get the actual visa.

I also saw posts about applying for an I 130, is this before or after the k1?

If anyone knows about other steps I might have to take before that. I have over a year to get this done right and would like to have all my ducks in a row ...

Any help would be greatly appreciated

Matthew

Along with the advice above this comment, PLEASE READ THE GUIDES. You need to read the article to help you decide which visa to go for: http://www.visajourney.com/forums/index.php?autocom=custom&page=compare

Once you've decided, please read the appropriate guide.

Met: December 2009

Married: April 2015

Received CR-1 visa: February 2017

POE (as IR-1): April 2017

Oath ceremony: November 2020

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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?

Well those people know what will happen by putting themselves in that situation. It is not immigration's concern someone couldn't think to use protection or abstinence to avoid the situation.

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  • 3 months later...
Filed: Other Timeline

I don't know if the wording has changed, but the I-129F that I filled out says, "This petition is used to petition to bring your fiance and that person's children to the US for marriage to you or to bring your spouse and that person's children..." the form is date 2/2010.

So, it seems like I can use this form. My intention is to go to India to marry there and then return with my spouse. Because we're not married yet, it seemed like this would be the best choice of forms. Can anyone confirm or deny that this is a change?

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Filed: Citizen (apr) Country: Nigeria
Timeline

The I129f is to petition to bring your unmarried fiance to the US then marry . If you intend on getting married there you file the I130 AFTER you are married. There is no form to start the process , marry there and immigrate. You start the forms ( I129F) before marriage and marry in the US or wait until after the wedding and start the forms ( I130) .

This will not be over quickly. You will not enjoy this.

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Filed: K-1 Visa Country: Egypt
Timeline

July filer too :)

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.

Good thread, Lisa. Maybe people will read it?

in egypt they had a marriage called a civil marriage and u dont had to go to court or nothing its just a paper usally people use to stay in same flat or same home , but it dont go to court or nothing . so i need to know if somebody did the kinda of marriage did it will hurt his k1 case ??????

06-15-2008 : my fiancee first visit to me ( stayed 3 weeks ) .

06-23-2009 : my fiancee secound visit me in Egypt ( stayed 6 weeks ).

06-28-2009 : ENGAGED

10-29-2009 : I-129F Sent

01-27-2010 : my fiancee 3rd visit to Egypt ( stayed 6 weeks ) .

02-09-2010 : travel with my fiancee to turkey in a vacation (5 days)

05-25-2010 : my fiancee 4th visit to ( stayed 2 months ) .

06-03-2010 :Interview Date .

Interview Result : approved ( ya right ! )

07-01-2010 : we got a letter had my passport and over the visa stamp says ( canceled without prejudice )!!

06-29-2010 : case sent back to usa !!!

07-07-2010 : MARRIED

01-12-2011 : the letter state the k1 case is expired , and ther was no prob to file back for any kind of visa

04-25-2011 : my wife here now visiting me in egypt for 2 and half mounth yayyyyyyyyyyyy

05-18-2011 : travel with my wife to malaysia in a 1 week vaction

06-14-2011 : register our marraige papers in cairo

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  • 2 months later...
Filed: Timeline

*bump*

cos some things never change.

.....despite the first post in Ewok's stickied thread 'General K-1 Guides and Info' which is at the TOP of the page.

K-1 Visa Holder Starter Kit

oh, and no, you cannot file for a K-1 and get married while you're waiting. <---CLICK HERE!

Edited by Lisa C
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  • 2 months later...
Filed: Country: Ecuador
Timeline

There are certain countries such as Ecuador where you must get married pursuant to certain criteria. One is that it must be a civil marriage for it to be recognized. Also, the US Consulate Office has certain criteria that you must follow for your marriage in Ecuador to be recognized by the US. If you marry in a church, although married in the eyes of God, it is not legally binding in Ecuador and hence the US. Therefore, you can get married and still pursue your Fiance Visa. You need to check to see what is considered a valid marriage in that particular country and what the US will accept as a viable marriage. If your marriage does not meet the viable marriage criteria, then you can get married and still pursue your fiance K-1 petition because technically to the US you are not married because your marriage is not legally accepted here for US purposes.

There are certain countries such as Ecuador where you must get married pursuant to certain criteria. One is that it must be a civil marriage for it to be recognized. Also, the US Consulate Office has certain criteria that you must follow for your marriage in Ecuador to be recognized by the US. If you marry in a church, although married in the eyes of God, it is not legally binding in Ecuador and hence the US. Therefore, you can get married and still pursue your Fiance Visa. You need to check to see what is considered a valid marriage in that particular country and what the US will accept as a viable marriage. If your marriage does not meet the viable marriage criteria, then you can get married and still pursue your fiance K-1 petition because technically to the US you are not married because your marriage is not legally accepted here for US purposes.

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  • 1 year later...

Just a quick question. My Fiancee and I applied for a K-1 Visa and it was approved. As the K-1 states you cannot be legally married, but what if you are married in a religious ceremony where, to make the marriage legal, a civil union must be performed aside from the said religious ceremony. In said country, a religious ceremony is not considered a legal marriage without being married by a judge or state official.

So with this said, there would be no problems in relation with the K-1 VISA considering that by the letter of the law, we are still not legally married and are engaged by all definitions of the law by both that country and US Law.

Comments? Opinions? Clarification?

Thank you very much!

Edited by Winter
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  • 2 months later...
Filed: K-1 Visa Country: Canada
Timeline

Just a quick question. My Fiancee and I applied for a K-1 Visa and it was approved. As the K-1 states you cannot be legally married, but what if you are married in a religious ceremony where, to make the marriage legal, a civil union must be performed aside from the said religious ceremony. In said country, a religious ceremony is not considered a legal marriage without being married by a judge or state official.

So with this said, there would be no problems in relation with the K-1 VISA considering that by the letter of the law, we are still not legally married and are engaged by all definitions of the law by both that country and US Law.

Comments? Opinions? Clarification?

Thank you very much!

There is a link somewhere on the USCIS I-129F Website, something of an FAQ that mentions religious ceremonies are acceptable to perform due to cultural or family traditions but, are not legally recognized in the eyes of the US. I wish I could still find it because I was asking for further clarification on the topic yesterday.

From what I am reading, it sounds like a lot of people are having difficulty with this. The one thing that is really concerning me is if I have a celebration, whether those invited will upload photos and status updates all over Facebook, declaring it a wedding. I think if a potential employer could turn you down for a Facebook situation, so too could USCIS or the consulate you visit.

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