Getting Married while waiting for K1 Visa

[studentInLove 0]

Hi.

I just needed to run this by you guys. My fiance was wondering if we got married in her home country before we got an interview for the K1 visa.. would be a problem? Obviously the K1 is the fiance visa.. but we were just wondering.

Thanks

[~Laura and Nick~ 5]

Hi.

I just needed to run this by you guys. My fiance was wondering if we got married in her home country before we got an interview for the K1 visa.. would be a problem? Obviously the K1 is the fiance visa.. but we were just wondering.

Thanks

Yep, huge problem. She wouldn't be your fiance anymore, she would be your wife and you would be denied at the interview. You'd have to start all over again with a K3 spousal visa.

I would wait until she comes to the U.S. to get married.

Best of luck

[Mel and Syl 0]

I don't think that you guys want to start all over again with the whole process do you?

[Fandango 1,439]

1st post of the top stickied thread 'General K-1 Guides and Info'

http://www.visajourney.com/forums/index.php?showtopic=300

K-1 Visa Holder Starter Kit

compiled by LisaD

CONGRATULATIONS ON YOUR ENGAGEMENT! You must be so excited! Man, there is so much for you to digest...plan on reading a great deal! No, getting married to a foreign national is not like the movie 'Green Card'. You are gonna be shocked!

Do yourself a favor and read the GUIDES <---click here!

Read the FAQs <----click here!

And if you have a specific question that you're unsure of...hit up the Forum Search <---click here!. Most times, your question has been asked and answered countless times over.

Please refer to these tools that our most gracious and benevolent admin CAPTAIN EWOK has provided. And many members have worked very hard to write all this info.........

And one more thing....BREATHE!!! Yes it seems like a lot of ####### and red tape to go through, but there are countless couples who have gone through this and who have lived to tell the tale.

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

[My Lao Po 0]

Hi.

I just needed to run this by you guys. My fiance was wondering if we got married in her home country before we got an interview for the K1 visa.. would be a problem? Obviously the K1 is the fiance visa.. but we were just wondering.

Thanks

Yes, this would create a problem.

For lack of the more technical verbage; you would in effect change your status by marrying and the K-1 would become invalid.

If, you chose to do this, you would have to cancel your K-1 petition and then refile the I-130 for CR-1 and follow up with the I-129F for K-3, if that is the route you wanted to pursue.

If you are into this process a few months, I would not change horses in mid-stream, to quote a popular political phrase.

Best wishes !!

[Drew and Tik 0]

You could do this if it's just for "ceremonial reasons." Like if you're not legally married it wouldn't be a problem, not sure if that's what you're interested in or if you actually want to tie the knot by law...if that's the case, what everyone else has already said.

But if you want to just have a wedding in her country before she goes to America for the "legal wedding," I don't see why that would be a problem at all...just don't get a marriage license and everything over there, make sure.

[Craig_Karina 0]

Yes....BIG problem.....HUGE!!!! Once you are married...you are no longer "fiance's" so...you must begin the process with a Spousal Visa. Good luck on your decision.

Craig

[studentInLove 0]

Just for curiosity, how does the embassy know that we actually did get married?

[Drew and Tik 0]

Just for curiosity, how does the embassy know that we actually did get married?

You need to define what you mean by married. If you have a marriage license and are legally married in another country and your K1 gets approved, then the government finds out, you'll likely go to jail (or get in trouble in some other serious way, jeopardizing everything you have with her).

If you just want a religious or personal ceremony (don't want to say "for show," but more like "not a LEGAL marriage," only a ceremony), then there isn't a way the USCIS could find out, and even if they did, they might not really care since you're not actually married by law. There is a big difference between you considering each other married in your religions (or personal) eyes and in the eyes of the government, defined by law.

[~Laura and Nick~ 5]

Just for curiosity, how does the embassy know that we actually did get married?

You know, I really don't know how they would know...but I'm sure they could find out and if that is the case what you have committed is fraud and your fiance would be banned for up to 10 years.

Why even take that chance?

You'd be lying on all sorts of applications and when you go to start the AOS adjustment you have to show your marriage certificate...it would have your actually wedding date and bam..caught.

Don't chance it. Do it the legal way like every one else should.

[Fandango 1,439]

Just for curiosity, how does the embassy know that we actually did get married?

Well, think about that for a second, yeah?

You need to AOS after your fiance arrives on the K1. And you need to produce a MARRIAGE CERTIFICATE. So what are you going to do? Illegally file for a marriage license when you're already married? What will you say at the interview for AOS?

Let alone what your fiance would say at his/her embassy interview. Which would obviously include lying to the CO if you were to get married whilst trying to obtain a K1.

Or even...the embassy might have a procedure of checking public records. Imagine the hassle you'd have if they checked public records and found a marriage for the two of you on record. Then your fiance comes in and waxes lyrical about how he/she can't wait to get married.

I hope this question wasn't asked in hopes of getting married 'behind USCIS/the embassy's back'.

If you want to get married first, do so and file the appropriate petition. Or file the K1 and get married here after arrival. You cannot make up your own rules along the way, I'm afraid.

Edited October 28, 2007 by LisaD

[Bill B 0]

Just for curiosity, how does the embassy know that we actually did get married?

Most embassy's check the public record of your fiancee's country and many even require the fiancee to bring a document to prove they are single. It isn't worth what could happen if you and her were caught. She could be permanently barred from the US. There are some legal web sites where lawyers warn about this and that there was nothing the could do. Their appeal was thrown out. It isn't worth the risk unless you are willing to go live in her country with her the rest of your life.

[My Lao Po 0]

Just for curiosity, how does the embassy know that we actually did get married?

YIKES !!! Again, my advice is just don’t even think about going there !!!! It is illegal and would be considered FRAUD !!!

Be it an Embassy or the Consulate, they could very easily discover these basic facts of public record in most countries.

Moreover, I think all members must keep in mind that all visa petitions under current regulation and procedure are placed through security and name checks, via multiple data systems, at a minimum of three separate locations along the long journey: #1. USCIS regional service center; #2. National Visa Center; (wherein they utilize FBI staff which is assigned directly to the DOS) and most importantly, #3. At the U.S. Consulate/Embassy; where the visa is ultimately issued and just prior to the interview.

This is to ensure that the ‘status’ of a petitioner and/or beneficiary has not changed during the long process from P-1 to P-4 and the interview; e.g., the guy who files in January and then in May, gets served with a restraining order filed on him by his ex-wife after an altercation, or even worse.

The VIO’s and other investigative staff at the USCIS and DOS have been doing this job for many years now, with many thousands of cases each year. These guys/gals are not naive. This is what they do. They know what to look for and where to look for it, just as any good investigator knows how to turn over the preverbal rock.

Either officially cancel the K-1 and file for CR-1 and/or K-3; or just lose any thought of this idea and proceed with your current K-1.

[patrick & relyn 0]

Just for curiosity, how does the embassy know that we actually did get married?

On my third trip to the philippines i sat next to a guy who was going to join his wife who had gone a week earlier to visit family. They have been living in the U.S. for about 5 years. He told me that they did that very thing , ie. got married during the process of K-1 visa. After the petition had gone to the embassy awaiting interview he received word that it was denied due to that very thing. The embassy checks with nationial registries. Even in the far off province they were married sank their fiance visa. He had to begin the whole process over again.