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K-1 visa - Does the marriage have to take place in US?

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Filed: K-1 Visa Country: Kenya
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Hello,

I am curious, I will be visiting my fiance for the first time in Nov. Can I file for a K-1 VISA after our initial visit; and then once approved, have her enter the USA to start the 90 day period and then have us both fly back to her country for the wedding (since all her family is in her current country) or is it REQUIRED that we marry in the USA for a K-1 VISA?

The reason for this strategy is we can get the clock started earlier and there is no way to have all her family come over to the states for a wedding.

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Filed: AOS (apr) Country: Kenya
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Hello,

I am curious, I will be visiting my fiance for the first time in Nov. Can I file for a K-1 VISA after our initial visit; and then once approved, have her enter the USA to start the 90 day period and then have us both fly back to her country for the wedding (since all her family is in her current country) or is it REQUIRED that we marry in the USA for a K-1 VISA?

Sure you CAN do that but then she'd have to stay there while you file for a CR-1 spousal visa, since she won't have any way to re-enter the US.

Yes, you must marry in the US and file for AOS (and the AP) to be allowed back into the US if she leaves.

The reason for this strategy is we can get the clock started earlier and there is no way to have all her family come over to the states for a wedding.

International relationships and immigration to the US requires folks to not follow the standard paths.

What most do in this case is do a legal marriage before the county judge, AOS and return to the country and have another ceremony/celebration.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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That's the purpose of K-1 visa. Marriage has taken place in the US. You can file I-129F after first visit but be aware that some countries fall into high fraud visas and usually get scrutinize more than any other countries ( most of times at the embassy stage during the interviews). If you wanted have a wedding ceremony in her native country, she must have married first to you within 90 days, file I-485 including advance of parole to give her permission leave the country during AoS process.

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Filed: Citizen (apr) Country: Mexico
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You must marry in the US within 90 days of entry using the K-1 visa. It is a one-time entry visa. Once you use it to enter, you need to marry within 90 days and then file for adjustment of status. You cannot leave the US without marrying, filing for AOS and receiving AP or the green card first, or you will abandon your eligibility to adjust status in the US to permanent residency.

http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

http://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/k-nonimmigrant

If you want to marry abroad, then the K-1 is not for you. Get married abroad and then file for a CR-1 spousal visa.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: Citizen (apr) Country: Kenya
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Hello,

I am curious, I will be visiting my fiance for the first time in Nov. Can I file for a K-1 VISA after our initial visit; and then once approved, have her enter the USA to start the 90 day period and then have us both fly back to her country for the wedding (since all her family is in her current country) or is it REQUIRED that we marry in the USA for a K-1 VISA?

Yes you can file the K-1 (I-129F) for your fiancée after the visit. You will need proof that you have met physically. Once it is approved, she can come to the USA and you have 90 days to get married. The marriage has to take place in the USA.After marriage, she has to file for her adjustment of status so that she can get an Advance Parole or Permanent Resident Card(whichever comes first) to enable her travel to Kenya again and you guys can have a wedding there with her family. During the 90 days period she cannot leave the USA as K-1 Visa only allows one to enter the US once.

The reason for this strategy is we can get the clock started earlier and there is no way to have all her family come over to the states for a wedding.

Here you both have to decide on that :) Some people who come here in K-1 get married in the US before a county judge then maybe later on plan on a wedding.

Here is the Nairobi Embassy thread. You can read about people's experiences.

http://www.visajourney.com/forums/index.php?app=forums&module=post&section=post&do=edit_post&f=80&t=516120&p=7266543&page=

Edited by Nyosh
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Filed: Lift. Cond. (apr) Country: China
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Hello,

I am curious, I will be visiting my fiance for the first time in Nov. Can I file for a K-1 VISA after our initial visit; and then once approved, have her enter the USA to start the 90 day period and then have us both fly back to her country for the wedding (since all her family is in her current country) or is it REQUIRED that we marry in the USA for a K-1 VISA?

The reason for this strategy is we can get the clock started earlier and there is no way to have all her family come over to the states for a wedding.

Welcome to the forum.

Read Part 4 of the Form I-129F petition: http://www.uscis.gov/files/form/i-129f.pdf

Good luck on your immigration journey.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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