Getting married in the USA before receiving the K1 Visa

[Anouck 0]

Hi,

I am French and my boyfriend is American. We want to get married in the USA and have applied for a K1 Visa. Yet, I still haven't received any news about it and I am supposed to live to the USA to join him at the end of February. We had planned to get married in March.

What will happen if I live before getting the K1 Visa? Can we get married without me having it? Or can I still go visit him but do I have to wait until I receive the K1 Visa to get married?

Did someone else experience the same situation? What are the options we have and the risks we take?

Please let me know if you have answers.

Thanks a lot.

Anouck

[gwenneh 7]

If you get married before you receive the K-1 visa you will have to start again and file for a K-3 or CR-1 visa. That is the only option available.

[YuAndDan 153]

This is one of the most posted questions. You cannot legally marry before getting the K-1, if you do you will be starting all over and be filing for a CR-1 or K-3 by filing the I-130 for a spousal visa.

If a marriage date is one of your desires, then why not marry first and then file for the visa.

Never set a date until you have K-1 visa in hand.

[Kathryn41 3,205]

You will be able to visit your boyfriend in February, but you cannot stay. If you choose to get married while you are here, you have to return to France, and basically, you will be abandoning the K-1 visa. You will have to start all over again by applying for a Spousal Visa (K-3 or CR1). You will have to live in France while all of these are being processed.

The best options for you, since you have already applied for the K-1 is to visit your boyfriend in February, do not get married, return to France before the end of your Visa Waiver time period and wait out the process for the K-1. That will be the fastest route since it is already in progress.

While people can and do get married on a visitor's visa and adjust status, it is only legal if you enter the US with NO intention of marriage. To enter the US with the intention of getting married and staying without the proper visa is considered Visa Fraud - and you do not want to deal with the consequences! Since you are already engaged and have filed for a fiancee visa, Immigration will have ample reason to suspect you of visa fraud if you marry and try to stay in the US. It isn't worth it.

Good luck on your journey.

[Jamie&Dora 0]

I AM NOT A LAWYER, but to come over on a "tourist visa" or from France there may be the visa waiver program. You COULD open up a case of VISA FRAUD. No one can predict how the US gov will react, but so far, if you intend to marry and have applied for the K1, then (from my experience), you are playing by the rules and can be more assured in the end goal you desire.

Again, US visas are VERY specific. Example, to use a tourist visa in hopes to gain illegal work to fund your visit could result in you never being able to visit the US forever. (This is what my immigration lawyer told me.)

Lastly, it sounds like you are doing everything correct. Don't blow it.

-jamie

[Jeraly 4]

You can go over and have a non-legal ceremony (no licence etc) then return to wait out the rest of the K-1 then have a legal (with a license) wedding when you have the K-1. This is not recommended and should only be done if you have no other feasible options - it is what I am having to do as the whole process has taken months longer than initially stated on the USCIS website . It's risky as we have booked the whole wedding (did so before the screw up s with post and USCIS) and I may get denied entry into the US but we have deemed it our only option short of costing ourselves thousands of dollars.

If you have not booked anything or if you can postpone for not too much money then I would STRONGLY recommend it - if you get legally married while on a K-1 then you will be breaching visa conditions and will have to return to your home country to file for a spousal visa which takes longer than a K-1 as a general rule

[Anouck 0]

This is one of the most posted questions. You cannot legally marry before getting the K-1, if you do you will be starting all over and be filing for a CR-1 or K-3 by filing the I-130 for a spousal visa.

If a marriage date is one of your desires, then why not marry first and then file for the visa.

Never set a date until you have K-1 visa in hand.

Thanks for your answer and for your help.

This is what I thought but I just wanted to make sure.

[Anouck 0]

You can go over and have a non-legal ceremony (no licence etc) then return to wait out the rest of the K-1 then have a legal (with a license) wedding when you have the K-1. This is not recommended and should only be done if you have no other feasible options - it is what I am having to do as the whole process has taken months longer than initially stated on the USCIS website . It's risky as we have booked the whole wedding (did so before the screw up s with post and USCIS) and I may get denied entry into the US but we have deemed it our only option short of costing ourselves thousands of dollars.

If you have not booked anything or if you can postpone for not too much money then I would STRONGLY recommend it - if you get legally married while on a K-1 then you will be breaching visa conditions and will have to return to your home country to file for a spousal visa which takes longer than a K-1 as a general rule

I have not booked anything yet so I guess I will postpone. How long did it take you to get the K1 Visa?

Also, that kind os sucks for me having to wait alone here wile my fiancé is living there. As far as I understand this is OK for me to go visit him wilst waiting for the Visa and then come back to France for the interview, right? Then I guess I can just go back to the US right after with my K1 Visa and finally get married?

[gwenneh 7]

I have not booked anything yet so I guess I will postpone. How long did it take you to get the K1 Visa?

Also, that kind os sucks for me having to wait alone here wile my fiancé is living there. As far as I understand this is OK for me to go visit him wilst waiting for the Visa and then come back to France for the interview, right? Then I guess I can just go back to the US right after with my K1 Visa and finally get married?

It sucks, but we all have to go through it unless you're lucky enough to be able to have your fiancee live abroad with you, really.

Yes, you can visit - just be ready to prove ties to your home country if you are questioned at the point of entry.

[*JG* 2]

The K-1 is a fiance visa......You have to still be a "fiance" when it is issued.

The wait is going to be shorter then if you chuck it all and start all over again and file for the K-3.

[Jeraly 4]

It would defo be worth postponing - it took me five months ish just to get my NOA2 although things seem to be moving faster now. We booked our wedding in April for February this year, I sent my evidence to my OH in June but it took a month of postal screw-ups to get there otherwise we would have prolly made it As it is we *could* still make it but we just aren't prepared for the move yet so we've had to try and muddle through

[Zai & Gary 6]

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You can go over and have a non-legal ceremony (no licence etc) then return to wait out the rest of the K-1 then have a legal (with a license) wedding when you have the K-1. This is not recommended and should only be done if you have no other feasible options - it is what I am having to do as the whole process has taken months longer than initially stated on the USCIS website <img src="style_emoticons/<#EMO_DIR#>/mad.gif" style="vertical-align:middle" emoid="" border="0" alt="mad.gif" />. It's risky as we have booked the whole wedding (did so before the screw up s with post and USCIS) and I may get denied entry into the US but we have deemed it our only option short of costing ourselves thousands of dollars.

If you have not booked anything or if you can postpone for not too much money then I would STRONGLY recommend it - if you get legally married while on a K-1 then you will be breaching visa conditions and will have to return to your home country to file for a spousal visa which takes longer than a K-1 as a general rule <img src="style_emoticons/<#EMO_DIR#>/smile.gif" style="vertical-align:middle" emoid="" border="0" alt="smile.gif" /><!--QuoteEnd--></div><!--QuoteEEnd-->

I have not booked anything yet so I guess I will postpone. How long did it take you to get the K1 Visa?

Also, that kind os sucks for me having to wait alone here wile my fiancé is living there. As far as I understand this is OK for me to go visit him wilst waiting for the Visa and then come back to France for the interview, right? Then I guess I can just go back to the US right after with my K1 Visa and finally get married?

Consider yourself lucky that you can come visit him. Many countries (including my wife's) can not come visit. I figure it will be close to 1 year since we got married before she will be here. Everyone complains about waiting but that is just part of the process and there is nothing you can do about it except to prepare in advance by getting all of your documents ready so as soon as you receive an approval at one stage you are ready to send in your package for the next stage. Have patience and Good Luck,

[amykathleen2005 441]

?

Also, that kind os sucks for me having to wait alone here wile my fiancé is living there.

Sucks for us all.

[JimVaPhuong 4,863]

Consider yourself lucky that you can come visit him. Many countries (including my wife's) can not come visit. I figure it will be close to 1 year since we got married before she will be here. Everyone complains about waiting but that is just part of the process and there is nothing you can do about it except to prepare in advance by getting all of your documents ready so as soon as you receive an approval at one stage you are ready to send in your package for the next stage. Have patience and Good Luck,

ATTACK OF THE ZOMBIE THREAD!

You do realize you're responding to a post that was made over two years ago, right?

[Prawninator 138]

ATTACK OF THE ZOMBIE THREAD!

You do realize you're responding to a post that was made over two years ago, right?

Nothing to contribute, but I just have to say this, <-- this is the most awesome emoticon I've seen on this website by far.