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K-1 Petition already filed for US -- can we have a marriage ceremony in both countries?

#1 Smizzy

Smizzy

    Junior Member

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Posted 21 July 2009 - 10:47 PM

Hello All,

I was hoping you fine folks could help out with something that I'm newly concerned about. I'm a US citizen and my fiancee is an Australian citizen and we've already submitted the petition for the K1 visa at the VSC (we waited a lot longer than we should have). We have already planned a wedding in Australia in November and I highly doubt that the K-1 visa for my fiancee would be granted by then. We're also planning an additional reception here in the US for my friends and family.

What concerns me is that, technically, we would already be married in Australia by the time my fiancee would be called in for the interview at the consulate there. Is this something I need to worry about? The original plan was to file for the K1 in advance, obtain the visa, have a ceremony in Australia for her family and friends, and then come back to the US for a court marriage and another reception for my family and friends.

Any advice would be greatly appreciated. Much thanks!
  • 0
Jul 22, 2009: I-129F Sent
Jul 30, 2009: I-129F NOA1
Oct 09, 2009: I-129F NOA2
Oct 13, 2009: NVC received
Oct 21, 2009: NVC sent to Sydney
Oct 26, 2009: Sydney Received
Oct 27, 2009: Packet 3 email received
Nov 02, 2009: Packet 3 sent
Nov 04, 2009: Packet 4 received
Nov 24, 2009: Interview scheduled

#2 Anh map

Anh map

    K1 > AOS > ROC > USC



Posted 21 July 2009 - 10:57 PM

If you are married your fiance will not be issued a K1 visa.
  • 0

#3 Danu

Danu

    Just a Druid and her Warrior.



Posted 21 July 2009 - 10:58 PM

As long as you don't file the paperwork to make you legally wed in that country, there shouldnt be an issue. I wouldnt get her to bring any pictures of it to the interview and makes sure she doesnt call you her husband or they will think you have married and make you start over on a K3.
  • 0
~*~*~Steph and Wes~*~*~
Married: 2010-01-20

ROC: (for the complete timeline click on my timeline button, the signature was getting too long!)
I-751 Sent: 2012-02-27
NOA1 Notice Date: 2012-2-28
NOA1 Received: 2012-3-3
Biometrics Notice Date: 2012-3-12
Biometrics Date: 2012-3-30
Approval Date: 2012-8-3
Approval Notice Date: 20012-8-6


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#4 Smizzy

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    Junior Member

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Posted 21 July 2009 - 11:18 PM

QUOTE (Danu @ Jul 21 2009, 11:58 PM) <{POST_SNAPBACK}>
As long as you don't file the paperwork to make you legally wed in that country, there shouldnt be an issue. I wouldnt get her to bring any pictures of it to the interview and makes sure she doesnt call you her husband or they will think you have married and make you start over on a K3.


Thanks for the replies. We probably should of thought this through a bit better in the beginning.
  • 0
Jul 22, 2009: I-129F Sent
Jul 30, 2009: I-129F NOA1
Oct 09, 2009: I-129F NOA2
Oct 13, 2009: NVC received
Oct 21, 2009: NVC sent to Sydney
Oct 26, 2009: Sydney Received
Oct 27, 2009: Packet 3 email received
Nov 02, 2009: Packet 3 sent
Nov 04, 2009: Packet 4 received
Nov 24, 2009: Interview scheduled

#5 luv2teach77

luv2teach77

    Blast From The Past !!



Posted 22 July 2009 - 06:23 AM

You're applying for a Fiancee visa. Performing anything that could even be interpreted as a wedding (legally binding or not) could invalidate or seriously hamper your K-1 application. Play safe and leave the wedding ceremonies until after you've been granted the visa.
  • 0
Our Full Timeline From K-1 Application through to Receiving my Green Card

Timeline Summary

07/21/2004 - I-129F mailed to Nebraska
02/24/2005 - Successful K-1 Interview In London
03/11/2005 - Arrived in the US
04/29/2005 - Wedding day
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10/17/2005 - EAD Approved
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#6 baron555

baron555

    Super Star Member



Posted 22 July 2009 - 07:52 AM

QUOTE (Smizzy @ Jul 21 2009, 10:47 PM) <{POST_SNAPBACK}>
Hello All,

I was hoping you fine folks could help out with something that I'm newly concerned about. I'm a US citizen and my fiancee is an Australian citizen and we've already submitted the petition for the K1 visa at the VSC (we waited a lot longer than we should have). We have already planned a wedding in Australia in November and I highly doubt that the K-1 visa for my fiancee would be granted by then. We're also planning an additional reception here in the US for my friends and family.

What concerns me is that, technically, we would already be married in Australia by the time my fiancee would be called in for the interview at the consulate there. Is this something I need to worry about? The original plan was to file for the K1 in advance, obtain the visa, have a ceremony in Australia for her family and friends, and then come back to the US for a court marriage and another reception for my family and friends.

Any advice would be greatly appreciated. Much thanks!



No, nothing to worry about. You getting married before completing the K-1 process properly will just get you a denial and go away from the consulate. Then you merely refile with a K-3 or CR-1 petition and go down that path. Very simple.
  • 0
Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

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

#7 baron555

baron555

    Super Star Member



Posted 22 July 2009 - 07:54 AM

QUOTE (Danu @ Jul 21 2009, 10:58 PM) <{POST_SNAPBACK}>
As long as you don't file the paperwork to make you legally wed in that country, there shouldnt be an issue. I wouldnt get her to bring any pictures of it to the interview and makes sure she doesnt call you her husband or they will think you have married and make you start over on a K3.



What is described here is visa fraud. Not a problem, worst case if they find out is that she is banned for life. Not at issue; Australia is a nice place.
  • 0
Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

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

#8 payxibka

payxibka

    Supreme Member



Posted 22 July 2009 - 09:16 AM

QUOTE (Smizzy @ Jul 21 2009, 10:47 PM) <{POST_SNAPBACK}>
Hello All,

I was hoping you fine folks could help out with something that I'm newly concerned about. I'm a US citizen and my fiancee is an Australian citizen and we've already submitted the petition for the K1 visa at the VSC (we waited a lot longer than we should have). We have already planned a wedding in Australia in November and I highly doubt that the K-1 visa for my fiancee would be granted by then. We're also planning an additional reception here in the US for my friends and family.

What concerns me is that, technically, we would already be married in Australia by the time my fiancee would be called in for the interview at the consulate there. Is this something I need to worry about? The original plan was to file for the K1 in advance, obtain the visa, have a ceremony in Australia for her family and friends, and then come back to the US for a court marriage and another reception for my family and friends.

Any advice would be greatly appreciated. Much thanks!


do it the other way around... have just a "reception" in Australia and the legal marriage event in the USA...
  • 0
YMMV

#9 ddartt1

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    Platinum Member

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Posted 22 July 2009 - 01:18 PM

QUOTE (luv2teach77 @ Jul 22 2009, 07:23 AM) <{POST_SNAPBACK}>
You're applying for a Fiancee visa. Performing anything that could even be interpreted as a wedding (legally binding or not) could invalidate or seriously hamper your K-1 application. Play safe and leave the wedding ceremonies until after you've been granted the visa.


good.gif
  • 0




Posted Image

#10 NewYorkSydney

NewYorkSydney

    Member

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Posted 24 July 2009 - 01:30 AM

Hey Smizzy

I am in the same predicement as you. My fianance is from NY and I am from Sydney Australia. We would like to have a wedding service here in Australia but understand that we need to marry in the US first.

We are planning on having a civil ceremony in the US first and then applying for advance paraole to have a wedding service here. I sort of feel that if we leave it to long it defeats the purpose of having a wedding here if too much time has lapsed so that is partly the reason we want to apply ASAP for an AP document.

Can anyone tell me if we are ok to do this?? Has anyone else done this? blush.gif

  • 0

#11 Danu

Danu

    Just a Druid and her Warrior.



Posted 24 July 2009 - 03:02 PM

QUOTE (baron555 @ Jul 22 2009, 08:54 AM) <{POST_SNAPBACK}>
QUOTE (Danu @ Jul 21 2009, 10:58 PM) <{POST_SNAPBACK}>
As long as you don't file the paperwork to make you legally wed in that country, there shouldnt be an issue. I wouldnt get her to bring any pictures of it to the interview and makes sure she doesnt call you her husband or they will think you have married and make you start over on a K3.



What is described here is visa fraud. Not a problem, worst case if they find out is that she is banned for life. Not at issue; Australia is a nice place.


Explain to me how exactly it is fraud to have a ceremony only with no legal contract for marriage that makes you legally married in that country? Lots of people on this board have done the same thing, ceremony/reception with NO marriage certificate, they file for marriage in the states. Re-read my statement before you try to tell me I am telling people to do things that are illegal.
  • 0
~*~*~Steph and Wes~*~*~
Married: 2010-01-20

ROC: (for the complete timeline click on my timeline button, the signature was getting too long!)
I-751 Sent: 2012-02-27
NOA1 Notice Date: 2012-2-28
NOA1 Received: 2012-3-3
Biometrics Notice Date: 2012-3-12
Biometrics Date: 2012-3-30
Approval Date: 2012-8-3
Approval Notice Date: 20012-8-6


Posted Image

#12 TracyTN

TracyTN

    The instigator of the post



Posted 24 July 2009 - 03:04 PM

QUOTE (payxibka @ Jul 22 2009, 09:16 AM) <{POST_SNAPBACK}>
QUOTE (Smizzy @ Jul 21 2009, 10:47 PM) <{POST_SNAPBACK}>
Hello All,

I was hoping you fine folks could help out with something that I'm newly concerned about. I'm a US citizen and my fiancee is an Australian citizen and we've already submitted the petition for the K1 visa at the VSC (we waited a lot longer than we should have). We have already planned a wedding in Australia in November and I highly doubt that the K-1 visa for my fiancee would be granted by then. We're also planning an additional reception here in the US for my friends and family.

What concerns me is that, technically, we would already be married in Australia by the time my fiancee would be called in for the interview at the consulate there. Is this something I need to worry about? The original plan was to file for the K1 in advance, obtain the visa, have a ceremony in Australia for her family and friends, and then come back to the US for a court marriage and another reception for my family and friends.

Any advice would be greatly appreciated. Much thanks!


do it the other way around... have just a "reception" in Australia and the legal marriage event in the USA...


good.gif
  • 0
Posted Image

#13 Nicoxcx

Nicoxcx

    Gold Member

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Posted 24 July 2009 - 03:57 PM

QUOTE (NewYorkSydney @ Jul 24 2009, 07:30 AM) <{POST_SNAPBACK}>
Hey Smizzy

I am in the same predicement as you. My fianance is from NY and I am from Sydney Australia. We would like to have a wedding service here in Australia but understand that we need to marry in the US first.

We are planning on having a civil ceremony in the US first and then applying for advance paraole to have a wedding service here. I sort of feel that if we leave it to long it defeats the purpose of having a wedding here if too much time has lapsed so that is partly the reason we want to apply ASAP for an AP document.

Can anyone tell me if we are ok to do this?? Has anyone else done this? blush.gif


This is the path most K1's take although it would be considered renewing your vows. We always planned to renew our vows and do the whole big wedding in Scotland very soon smile.gif .
  • 0
29/06/2004 Met online
24/10/2004- Officially started dating!
-Various Trips Between the USA and Scotland-
25/12/2007- Steven Proposed, and gave me a lovely Ring!
29/02/2008- Sent I-129F to VSC
22/09/2008-1pm - Recieved Visa!
04/11/2008 -Steven comes back to Scotland for the Celebrations!
09/11/2008- We return home together!
23/01/2009- Wedding!!!

Your I-129f was approved in 108 days from your NOA1 date.

Preparing AOS Forms.
09/4/2009- Sent AOS
11/4/2009- Received and signed for
20/4/2009- Received NOA for AOS/EAD/AP (Dated April 17th)
20/4/2009- USCIS cashed check for $1010
09/5/2009- Biometrics
11/5/2009- Case transferred to CSC
05/6/2009- Received AP
09/6/2009- Received EAD
22/7/2009- Approved!
27/7/2009- Greencard in Hand

Removal of Conditions.

15/5/2011- Received @ VSC
23/5/2011-NOA1
12/07/2011- Biometrics

#14 gethere

gethere

    Senior Member

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Posted 24 July 2009 - 08:52 PM

I really think you should be applying for the K3 visa. They have record of everything and if you're legally married it would show up
and they would tell you to do the same
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