Can we get married here in the Philippines after I can have my K1 Visa?

[Sha and Scott 0]

Good day every one!

I need your sound advice please...:-( My fiance and I are applying for K1 visa and we are still waiting for our petition to be approved. Our question is, can we get married here in the Philippines after my K1 visa is issued and before i'll fly to the US to join my fiance? We both want to have a wedding ceremony here in the Philippines in the presence of my family but we don't know if that is "legally advisable" to have a wedding ceremony after my K1 visa is issued.

Our plan is to get married here first if that is legally allowed (after K1 is issued) or have the Philippine wedding later after we'll get married in the US. Coz I think if we'll get married now, we need to change our petition from K1 to K3, right? And I heard K3 would take time.

Any body out there having a sound advice?

We would really appreciate it.

Thank you very much.

-Sha-

[*julez* 124]

If you marry in the Phils, the K1 becomes null and void. The purpose of a K1 visa is to allow a foreign fiance to enter the US to marry his/her US fiance(e). If you marry before leaving the Phils you are no longer a fiance.

[maya62 7]

Sorry to say it, but that would be a very bad idea. The K-1 is for a fiance(e), not a spouse, and despite it seeming a bit counter-intuitive, they will not be happy if you marry and then try to come into the US on a fiance(e) visa. I know, I know, you have to get married eventually, so why not there just as well as here. They (USCIS) don't see it that way.

The next question might be: how about a non-binding religious ceremony, just to make the non-US partner's family happy? While not completely against the rules (like a legal marriage and then entry on a fiance(e) visa would be), it is still risky in my opinion. If any official even "smells" wedding/rings/photos of the not-bride/calling one another "wife" or "husband" by accident/etc... you could be in for a world of trouble.

I'm sure others will have something to add. This question seems to get asked several times a week here.

Best wishes, OP...

Maya

[Saddle Bronc 124]

Only if you want to do it as the mandatory registered wedding in US first (when entering on K-1) and religious wedding later in PI (after the K-1 has gotten AP).

Edited October 2, 2007 by CherryXS

[Fandango 1,440]

K-1 = FIANCE(E) VISA not SPOUSAL visa.

[Sinergy 3]

You should prolly just go ahead and do the correct wedding in the US, then go back and do it in fiances country. But if you do it in fiances country first, your k1 will no longer be valid and void out. then you have to start all over again with k3 visa.

Edited October 2, 2007 by Ionescu

[Jasman0717 9]

I wouldn't take any chances.

[YuAndDan 153]

NO YOU NEED TO BE A FIANCEE TO USE THE VISA. IF YOU MARRY BEFORE ENTERING THE USA, YOU WILL NO LONGER BE A FIANCEE WILL YOU?

You will be starting all over and be filing for a CR-1 or K-3 visa which are for MARRIED PEOPLE.

[YuAndDan 153]

In our case we had an engagement party for friends and family in China after getting K-1 and before traveling to the USA using the K-1.

The Engagement party was much like a reception after a marriage, just no legal marriage ceremony until after we were in the USA, then we did a civil ceremony IN THE USA to be able to file to adjust status, and are now in the process of planning a nice reception party for friends and family here in the USA.

Edited October 2, 2007 by YuAndDan

[Alt name 1]

There was a story a few days ago (it was from the news and posted by a member) on VJ about a gentleman in Florida who married a Japanese lady, several years ago, before she entered on a K1 visa. They have children, normal marriage, etc etc, but she was recently deported, back to Japan. The interpretation by USCIS is that if you enter the US married to a citizen on a K1 Visa you have somehow lied on your application (she has to apply for the visa by the way at the embassy and if she applies, after all of the paperwork and everything is done, she HAS to admit she is married. If she says she is married, truthfully, they are supposed to deny the visa. If she does not say she is married to you, and they issue the visa, and somehow the USCIS determines that you were married before she entered the country, then she can be deported. OH, since she "lied", not eligible to re-enter for 10 years or even possibly ever. Advice? I would not risk that, not after going through this process. Marry here, if K1, otherwise, if you must marry there, start the K3 process.

Good luck to you both, btw - this waiting sux I know. Hey, if you were a non-resident, just a non-immigrant worker, like one of my buddies here at the office (from India, on a temporary visa), you could have your spouse here in 3 weeks. How much does that bite?

David and Nitadyah

Good day every one!

I need your sound advice please...:-( My fiance and I are applying for K1 visa and we are still waiting for our petition to be approved. Our question is, can we get married here in the Philippines after my K1 visa is issued and before i'll fly to the US to join my fiance? We both want to have a wedding ceremony here in the Philippines in the presence of my family but we don't know if that is "legally advisable" to have a wedding ceremony after my K1 visa is issued.

Our plan is to get married here first if that is legally allowed (after K1 is issued) or have the Philippine wedding later after we'll get married in the US. Coz I think if we'll get married now, we need to change our petition from K1 to K3, right? And I heard K3 would take time.

Any body out there having a sound advice?

We would really appreciate it.

Thank you very much.

-Sha-

[David-and-Mae 15]

I have two friends who both got married in the Philippines (they were K1) prior to their entry here in US. They say it's just for the ceremony so that their families can see them get married and they didn't register their marriage in our Marriage Indices. When they got here, they had the legal marriage with certificate and such. No problem so far but I'm not suggesting that you follow their lead.

If I were in your place, I'll do what I think is righteous. I like to follow rules and regulations and not jeopardize my chance to be with my sweetheart...

[Saddle Bronc 124]

There was a story a few days ago (it was from the news and posted by a member) on VJ about a gentleman in Florida who married a Japanese lady, several years ago, before she entered on a K1 visa. They have children, normal marriage, etc etc, but she was recently deported, back to Japan. The interpretation by USCIS is that if you enter the US married to a citizen on a K1 Visa you have somehow lied on your application (she has to apply for the visa by the way at the embassy and if she applies, after all of the paperwork and everything is done, she HAS to admit she is married. If she says she is married, truthfully, they are supposed to deny the visa. If she does not say she is married to you, and they issue the visa, and somehow the USCIS determines that you were married before she entered the country, then she can be deported. OH, since she "lied", not eligible to re-enter for 10 years or even possibly ever. Advice? I would not risk that, not after going through this process. Marry here, if K1, otherwise, if you must marry there, start the K3 process.

Good luck to you both, btw - this waiting sux I know. Hey, if you were a non-resident, just a non-immigrant worker, like one of my buddies here at the office (from India, on a temporary visa), you could have your spouse here in 3 weeks. How much does that bite?

David and Nitadyah

Even after a decade-and-half (it was told to me by a colleague in 1994, who was on GC), it is still better (generally**) to be single (and spouse-seeking) on temp visa than on GC.

**If your temp visa is a TN-1 and your spouse is non-American-non-Canadian, you'd better pray that the CO's are very understanding.