Can my fiancée come, have a wedding celebration and fly back home on a TOURIST visa (while the K-1 is still pending)?

[ozzy686 1]

(I wasn't able to find the answer to this specific question in the forums, sorry if it's here and I couldn't see it!)

My fiancée and I are really interested in planning our wedding for Fall 2016 (Aug/Sept). I mailed the I-129F application in the first week of January. She already has a 10 year tourist visa that she obtained last fall, and she's been to the US once since getting the visa. She plans to make another quick visit this May. She still has a life in France; she has no intention of over-staying her US visits.

My question is: would it be safe to plan for a fall wedding? Could she come here on her tourist visa in September (if, say, the K-1 visa has not been approved by then) to have the wedding? Worst case, she flies back to France after the wedding party. Then she can come back to the States whenever the K-1 is approved to get legally married. This way, I'm thinking that we can at least plan a wedding date and get the wedding party out of the way. We're also trying to have a wedding party in Morocco (which needs to be a week before the US wedding) - planning is a nightmare!

I should stress that we do not intend for her to stay here in the US in September and apply for AOS. We want to do it the right way and wait for her K-1 visa to be approved. Just trying to see if she can come as a tourist and get the wedding out of the way, even if it means that she can't stay here after the wedding party.

(I'm using the term 'wedding party' to distinguish between 'getting married', which could be interpreted as getting legally married.)

[NikLR 13,220]

If it looks like a wedding or smells like a wedding, don't do it. It doesn't matter what you call it. People get denied visas AND entry by the CBP because they're too married for the K1 but in actuality are not married enough for the CR1.

[LionessDeon 2,060]

Is she interviewing in France or Morocco?

Do not do anything wedding like. In fact you shouldn't even be using the word "wedding" at all. That's danger of getting a denial if CO thinks you may be married. Call it an engagement party. You do not qualify for a K1 visa if you are married.

Your planning for her to come to USA on a K1 visa, but go back to Morocco one week before the wedding, then come back to USA? That doesn't sound like it will work. This whole plan is very confusing. I prefer one step at a time. One drawback about this visa process is that it eliminates the ability to plan ahead too much.

Golden Rule of VJ is do not plan or purchase anything until visa is in hand.

Good Luck

Edited February 8, 2016 by LionessDeon

[IcezMan_IcezLady 582]

You will only make the process complicated and risk a denial. Wedding celebration usually occurs after the wedding unless you have a cultural explanation to say that it is different from the norm.

She can come for a visit for anything other than to be married to you.

[ozzy686 1]

Is she interviewing in France or Morocco?

Do not do anything wedding like. In fact you shouldn't even be using the word "wedding" at all. That's danger of getting a denial if CO thinks you may be married. Call it an engagement party. You do not qualify for a K1 visa if you are married.

Your planning for her to come to USA on a K1 visa, but go back to Morocco one week before the wedding, then come back to USA? That doesn't sound like it will work. This whole plan is very confusing. I prefer one step at a time. One drawback about this visa process is that it eliminates the ability to plan ahead too much.

Golden Rule of VJ is do not plan or purchase anything until visa is in hand.

Good Luck

She's a Moroccan citizen, but lives/works in France. Her interview will be in Paris. I get that you don't qualify for a K1 visa if you're married, which is why we want to hold off on getting a marriage certificate until after the K1 visa is approved.

Also, the plan for her is actually this: Fly from Paris for wedding in Morocco, then one week later fly to US for wedding party in the States. Then fly back to Paris if there's no K1 visa yet. (So she's only coming to the States once for the wedding in the fall... she's coming in May for a visit.) I'd like to hear your thoughts with this clarification.

Edited February 8, 2016 by ozzy686

[ozzy686 1]

You will only make the process complicated and risk a denial. Wedding celebration usually occurs after the wedding unless you have a cultural explanation to say that it is different from the norm.

She can come for a visit for anything other than to be married to you.

So, she is indeed coming for a visit in May. My best friend is getting married (can be proven easily with his wedding invitation) and she'll be my guest, and we're also going to tour around the States. What annoys me is that she'll be able to come and go freely in May (in theory... really hoping she won't get turned around), which means we could technically have even planned our wedding party for May!!!! And she would just go back to France as planned.

I'm having trouble understanding the risks of my approach. We just want to have the wedding party. She can prove that she won't stay, just as she hasn't overstayed in the past (granted, her last visit occurred a couple months prior to filing the K1 petition). And whenever she does get the K1 approved, she will gladly come back within the prescribed 3 months to get legally married.

Has anyone done it this way? Am I being too optimistic that this would actually work?

[LionessDeon 2,060]

She's a Moroccan citizen, but lives/works in France. Her interview will be in Paris. I get that you don't qualify for a K1 visa if you're married, which is why we want to hold off on getting a marriage certificate until after the K1 visa is approved.

Also, the plan for her is actually this: Fly to Paris for wedding in Morocco, then one week later fly to US for wedding party in the States. Then fly back to Paris if there's no K1 visa yet. (So she's only coming to the States once.) I'd like to hear your thoughts with this clarification.

You cannot have a wedding anywhere...France, Morocco, USA no where prior to her visa being approved. Once her K1 is approved you must be married in the USA within 90 days of her arrival. Holding off on getting a marriage certificate means nothing if you're already married. Please read the link below.

http://www.visajourney.com/forums/topic/584870-k1-petition-denied/

You seem willing to risk a denial.

[cdneh 3,112]

So, she is indeed coming for a visit in May. My best friend is getting married (can be proven easily with his wedding invitation) and she'll be my guest, and we're also going to tour around the States. What annoys me is that she'll be able to come and go freely in May (in theory... really hoping she won't get turned around), which means we could technically have even planned our wedding party for May!!!! And she would just go back to France as planned.

I'm having trouble understanding the risks of my approach. We just want to have the wedding party. She can prove that she won't stay, just as she hasn't overstayed in the past (granted, her last visit occurred a couple months prior to filing the K1 petition). And whenever she does get the K1 approved, she will gladly come back within the prescribed 3 months to get legally married.

Has anyone done it this way? Am I being too optimistic that this would actually work?

I believe you are being optimistic that your plan would work in any way. You've been given great advice, which is don't do what you are planning, and why you shouldn't. Is it really worth having the K1 denied, and having to begin again all over and wait a year for a CR1?

Wait for the K1 to be approved, wait for the Visa, come to the USA and get married. That is what the K1 is for, and any attempt to get around that leaves you both open for denial and delay.

[ozzy686 1]

You cannot have a wedding anywhere...France, Morocco, USA no where prior to her visa being approved. Once her K1 is approved you must be married in the USA within 90 days of her arrival. Holding off on getting a marriage certificate means nothing if you're already married. Please read the link below.

http://www.visajourney.com/forums/topic/584870-k1-petition-denied/

You seem willing to risk a denial.

Okay, this is helpful. Forgive my ignorance, but I thought "married" (in the eyes of the legal world) means obtaining the marriage certificate. Until a couple gets the marriage certificate, I always figured they're simply not married yet - even if they've thrown a party.

Does having a wedding party in fact prove that you are married? Because in many cultures, the religious marriage ceremony (where the girl gets an engagement ring) more or less gets termed as an engagement here in the States. So the couple is already religiously married, but by American standards, they're just engaged.

I wish there were a guideline or something that clearly defines what the terms mean. What is marriage?, Does throwing a wedding party effectively render the couple married?, etc. Do you see what I'm getting at?

[LionessDeon 2,060]

I believe you are being optimistic that your plan would work in any way. You've been given great advice, which is don't do what you are planning, and why you shouldn't. Is it really worth having the K1 denied, and having to begin again all over and wait a year for a CR1?

Wait for the K1 to be approved, wait for the Visa, come to the USA and get married. That is what the K1 is for, and any attempt to get around that leaves you both open for denial and delay.

^^THIS

[ozzy686 1]

^^THIS

Thanks!! We're going to just wait it out then. My family has been pushing for the option that I suggested in my original post (because she holds a valid 10-year tourist visa), but they aren't aware of all the nuances. So I appreciate your help.

I believe you are being optimistic that your plan would work in any way. You've been given great advice, which is don't do what you are planning, and why you shouldn't. Is it really worth having the K1 denied, and having to begin again all over and wait a year for a CR1?

Wait for the K1 to be approved, wait for the Visa, come to the USA and get married. That is what the K1 is for, and any attempt to get around that leaves you both open for denial and delay.

Thanks!! We're going to just wait it out then. My family has been pushing for the option that I suggested in my original post (because she holds a valid 10-year tourist visa), but they aren't aware of all the nuances. So I appreciate your help.

[NikLR 13,220]

Okay, this is helpful. Forgive my ignorance, but I thought "married" (in the eyes of the legal world) means obtaining the marriage certificate. Until a couple gets the marriage certificate, I always figured they're simply not married yet - even if they've thrown a party.

Does having a wedding party in fact prove that you are married? Because in many cultures, the religious marriage ceremony (where the girl gets an engagement ring) more or less gets termed as an engagement here in the States. So the couple is already religiously married, but by American standards, they're just engaged.

I wish there were a guideline or something that clearly defines what the terms mean. What is marriage?, Does throwing a wedding party effectively render the couple married?, etc. Do you see what I'm getting at?

In some countries, yes, a wedding party makes you married. Without any legal documentation.

So like I said, if it looks like a wedding, don't do it. People HAVE been granted the K1 visa and then denied entry at CBP for being already married. People also get denied K1 visas because their engagement ceremony looks like a marriage ceremony.

Do what you want to do; the advice has been given.

[LionessDeon 2,060]

Okay, this is helpful. Forgive my ignorance, but I thought "married" (in the eyes of the legal world) means obtaining the marriage certificate. Until a couple gets the marriage certificate, I always figured they're simply not married yet - even if they've thrown a party.

Does having a wedding party in fact prove that you are married? Because in many cultures, the religious marriage ceremony (where the girl gets an engagement ring) more or less gets termed as an engagement here in the States. So the couple is already religiously married, but by American standards, they're just engaged.

I wish there were a guideline or something that clearly defines what the terms mean. What is marriage?, Does throwing a wedding party effectively render the couple married?, etc. Do you see what I'm getting at?

Did you read the link I provided?. The couple was denied their K1 visa because they were deemed married by Ghana standards. And the fact you keep calling it a "wedding party" is a huge no no.

K1 approval, POE in USA, marriage, AOS. that is the process. Then once she has her AP or greencard you can fly all around the world having all the wedding parties you want.

http://www.visajourney.com/content/k1flow

[baron555 934]

You two can attend any number of celebratory parties and wherever you want. But nothing with the word wedding in it.

[ozzy686 1]

You two can attend any number of celebratory parties and wherever you want. But nothing with the word wedding in it.

Wait, are you saying that when she comes for my friend's wedding in May, she should even refrain from mentioning that she's attending his wedding?? And just say she's coming to visit me/tour the States with me?