K1 visa and place of marriage

[Mike Mc 0]

I became engaged to a wonderful woman in the Philippines last February. After many delays, I filed my I-129F application for K-1 visa in early July. I have received the receipt but nothing else has been done so far. At the time I met her family in Bislig, her mother reluctantly agreed to us marrying in the US and using a K-1 instead of marrying in the Philippines and using a K-3. Now, after everything is finally in process, the mother is backtracking and wants her daughter married in the Philippines before going to US.

A co-worker, who is a filipina that came to US over 20 years ago on a K-1 visa, says just get married in the Philippines ad don't tell the immigration before coming to US. She did this, and it had no impact on the rest of the process after she was in the US. However, that was 20 years before 9/11.

My question is, can we change plans, get married in Philippines after the K-1 is approved, and then bring her to US and not have problems and questions from USCIS? Like all filipinas I know her mother is the center of her life. Keeping that relationship good is worth the extra hassle of travel and paperwork to have the wedding in the Philippines. However, not if we are going to jeopardize her immigration status after we are married.

[payxibka 10,045]

Many people will comment but one question I have to ask is, how will you explain a marriage that took place before your alledged fiancee (and I really mean SPOUSE) entered the USA on a FIANCEE VISA when you try to adjust status?

Edited July 25, 2007 by fwaguy

[john_and_marlene 162]

I became engaged to a wonderful woman in the Philippines last February. After many delays, I filed my I-129F application for K-1 visa in early July. I have received the receipt but nothing else has been done so far. At the time I met her family in Bislig, her mother reluctantly agreed to us marrying in the US and using a K-1 instead of marrying in the Philippines and using a K-3. Now, after everything is finally in process, the mother is backtracking and wants her daughter married in the Philippines before going to US.

A co-worker, who is a filipina that came to US over 20 years ago on a K-1 visa, says just get married in the Philippines ad don't tell the immigration before coming to US. She did this, and it had no impact on the rest of the process after she was in the US. However, that was 20 years before 9/11.

My question is, can we change plans, get married in Philippines after the K-1 is approved, and then bring her to US and not have problems and questions from USCIS? Like all filipinas I know her mother is the center of her life. Keeping that relationship good is worth the extra hassle of travel and paperwork to have the wedding in the Philippines. However, not if we are going to jeopardize her immigration status after we are married.

No, you can't do this. It is visa fraud and can result in a lifetime ban from the U.S. If you feel you must get married in the Philippines, cancel the K-1, get married, and apply for the immigrant visa and optionally, the K3

[Mike Mc 0]

Many people will comment but one question I have to ask is, how will you explain a marriage that took place before your alledged fiancee entered the USA on a FIANCEE VISA?

That is exactly my concern. My co-worker says it never came up for her.

[payxibka 10,045]

Many people will comment but one question I have to ask is, how will you explain a marriage that took place before your alledged fiancee entered the USA on a FIANCEE VISA?

That is exactly my concern. My co-worker says it never came up for her.

If you are willing to risk your spouse's status on one person's experience then .......

[Caladan 19]

There's a news article about a Japanese-American couple who tried the same thing and it's ended with her back in Japan with a ten-year-ban.

Your fiancé has to be single when she uses the K-1. Think about it -- when it came time to adjust status, how would you explain that your marriage certificate predated the K-1 entry?

Her mom's probably worried about her little girl and not getting to see the wedding. Maybe have an engagement party, or really take the mom's input in planning the U.S. ceremony so she feels like she's not sending away her little girl to go live in sin with some American. Or, marry and file for the K-3.

[YuAndDan 153]

Many people will comment but one question I have to ask is, how will you explain a marriage that took place before your alledged fiancee (and I really mean SPOUSE) entered the USA on a FIANCEE VISA when you try to adjust status?

Yep, USCIS will out right reject the AOS, when they see the Marriage cert showing marriage before entry to the USA on the K-1. They can also do a check with the foreign country to confirm the marital status before entry.

They can and do deport for visa fraud and put a lifetime ban for this.

[Mononoke28 135]

The whole point of a K1 visa is to bring your fiancée to the US ASAP and get married in US territory. If you want to do the same but with your spouse, then the K3 visa is for you.

It's that simple, don't complicate things with what other people say who have no idea how the process works in the year 2007.

[desert_fox 32]

....and some ppl rob banks too, and never get caught. but are always looking over their shoulder.

[john_and_marlene 162]

I became engaged to a wonderful woman in the Philippines last February. After many delays, I filed my I-129F application for K-1 visa in early July. I have received the receipt but nothing else has been done so far. At the time I met her family in Bislig, her mother reluctantly agreed to us marrying in the US and using a K-1 instead of marrying in the Philippines and using a K-3. Now, after everything is finally in process, the mother is backtracking and wants her daughter married in the Philippines before going to US.

A co-worker, who is a filipina that came to US over 20 years ago on a K-1 visa, says just get married in the Philippines ad don't tell the immigration before coming to US. She did this, and it had no impact on the rest of the process after she was in the US. However, that was 20 years before 9/11.

My question is, can we change plans, get married in Philippines after the K-1 is approved, and then bring her to US and not have problems and questions from USCIS? Like all filipinas I know her mother is the center of her life. Keeping that relationship good is worth the extra hassle of travel and paperwork to have the wedding in the Philippines. However, not if we are going to jeopardize her immigration status after we are married.

Also, does the co-worker filipina realize that any benefits received as a result of her misrepresentation can be recinded, including citizenship, if she is ever discovered? She is at risk for the rest of her life of being discovered and deported--even if she naturalized. Her permanent residence was based on a legal entry as K1, her naturalization would be based on a valid permanent residence. If the basis for these benefits is ever discovered to be fraudulent, it can all be reversed and she can still be deported--never to be allowed into the U.S. again.

[john_and_marlene 162]

Your co-worker should hope that she never gets on your bad side now that she has divulged that her current presence in the U.S. is a sham.

[chris4gretchen 1]

and telling you to commit visa fraud and lie to the US government doesnt bode well for her moral character.

its simple, if marrying in the US then you can do fiancee visa. If marrying in the phils, then K3 Spouse visa. you can always go back to phils and have a wedding after the USA one, of have a big engagement party there in the phils before.

Chris

[madmanmike 191]

and telling you to commit visa fraud and lie to the US government doesnt bode well for her moral character.

its simple, if marrying in the US then you can do fiancee visa. If marrying in the phils, then K3 Spouse visa. you can always go back to phils and have a wedding after the USA one, of have a big engagement party there in the phils before.

Chris

Perhaps have a Phillipine religious ceremony to give mom a warm fuzzy, then come to the US and get the legal one done.

Seems like you make everyone happy.

Michael

[nane1104 146]

Maybe your fiancees mother would be fine with a "non official" ceremony in the Philippines?

My husband and I did that in Germany. He came to Germany right before I was about to go to the US on my K-1, we had a nice ceremony with and for my family that at the sametime was myfarewell party (didn't sign any papers, I was legally unmarried when I entered the US!!)and once here, we got married at the JOP...I am very happy we went that route.

What are the reasons, why she wants her daughter to have a wedding in the Philippines? If she agreed forst to a wedding in the USA, maybe you can compromise on something like my husband and I did?

[Mike Mc 0]

and telling you to commit visa fraud and lie to the US government doesnt bode well for her moral character.

its simple, if marrying in the US then you can do fiancee visa. If marrying in the phils, then K3 Spouse visa. you can always go back to phils and have a wedding after the USA one, of have a big engagement party there in the phils before.

Chris

Perhaps have a Phillipine religious ceremony to give mom a warm fuzzy, then come to the US and get the legal one done.

Seems like you make everyone happy.

Michael

This is a good suggestion. We already did the big engagement party with ushers and the cake cutting and all that to take the place of the wedding in the philippines. That lasted for a few months, but now her mom is back sliding seriously. What are the ins and outs of having a non-legal religious ceremony of some kind in the Philippines? I am divorced, so the church and I have gone our separate ways. I don't know of any other way to have a religious cerelmony. Faith is catholic also.

and telling you to commit visa fraud and lie to the US government doesnt bode well for her moral character.

its simple, if marrying in the US then you can do fiancee visa. If marrying in the phils, then K3 Spouse visa. you can always go back to phils and have a wedding after the USA one, of have a big engagement party there in the phils before.

Chris

Perhaps have a Phillipine religious ceremony to give mom a warm fuzzy, then come to the US and get the legal one done.

Seems like you make everyone happy.

Michael

This is a good suggestion. We already did the big engagement party with ushers and the cake cutting and all that to take the place of the wedding in the philippines. That lasted for a few months, but now her mom is back sliding seriously. What are the ins and outs of having a non-legal religious ceremony of some kind in the Philippines? I am divorced, so the church and I have gone our separate ways. I don't know of any other way to have a religious cerelmony. Faith is catholic also.