Filed for K1 in october, getting married in India in April, is it wise?

[sauron 0]

I filed a K1 visa app on behalf of my fiance in August, NOA1 in October 07. Her parents didn't know at the time, but now they do and they're ok, so I'm flying to India to get married to her. Will this affect our status as K1 petitioners? Will they ask us to re-file an I-130F? We still plan to wed in the USA.

[raymaga 25]

With a K-1 Visa, you must first obtain the visa, then move to the U.S. within 6 months, and marry within 90 days of arrival into the U.S. And you must marry in the U.S.

If you marry before that, you will have to start the process all over with a spousal visa.

Edited January 31, 2008 by raymaga

[brnidokiegurl 0]

Marriage cancels the K1 completely and as mentioned you have to start allllllllllllll over looking at probably another year, why not just try to follow thru with the K1 since its already in process

[~Laura and Nick~ 5]

Yes, it will affect your petition.

You'll have to start all over with a K3 or CR-1.

You can't just convert the K1 into the K3..it doesn't work that way.

When the visa is issued she has up to 6 months to enter the States and once she does, you have to get married within 90 days inside the U.S.

Best of luck!!!

[sauron 0]

Ok that isn't good news. One more question then. We actually were married in July of last year (without her parents knowledge, they know now and are ok, which is why I'm coming back to marry again for her family). I filed a note with the K1 visa app materials explaining this, and included pictures of the wedding. The marriage was not registered with any civil authority. There is no record of it, it was just us, some friends, and a priest. We did receive our NOA1 in October. Is this application doomed to failure in another 3 months when the CSC gets around to the October filers? Perhaps I should get an attorney at this point, but I am grateful for the advice from those of you who have dealt with the USCIS before.

[chris4gretchen 1]

Well, if you sent pictures of your wedding in with your K1 application and told them you got married, then they will probably deny you even if its not recorded anywhere. Its not for them to go digging to see if it was a legal marriage or not. Your pictures and admission will be enough for them to deny the fiance visa. You will have to file a Spousal visa K3 or CR1.

An attorney i think will be a waste of time and money. from the view of CSC you have filed the wrong petition.

You might even save some time and have them cancel the K1 and then file the K3 or Cr1. It will save you several months.

Fiance visa means just that, Fiance. If you married her then she is no longer your fiance.

I have to ask did you research any of this before you started? You might have been ok since your wedding wasnt legal, by just not mentioning this "quasi just among friends with a priest" ceremony, but to send CSC pictures of it and tell them you got married, that is asking for a denial.

If you are going there to marry her again, you have to file a K3 or CR1 visa petition. Your K1 wont be valid.

Chris

Edited January 31, 2008 by chris4gretchen

[Jeraly 4]

So did you sign a wedding certificate or register? Or was the wedding a non-legally binding one? If this is the case then they might ask for more evidence that you aren't married (which would be really hard to prove). If you are to go back to marry in India then if this will be a legally binding marriage then you will be breaching the conditions of a K-1 visa and will get denied. If however you were to have another non-legally binding ceremony then this would be ok although can look suspicious to authorities.

I would say to postpone the wedding in India and have a non-legally binding ceremony following the K-1 and your legal wedding in the US for your OH's family. In the meantime I would go with the flow - if you get an RFE and are not in a legally-binding marriage then it might be wise to consult an immigration lawyer. If however you are determined to have a legal wedding in India, you might be best to bring that forward and then file the K3/CR1 - it is for you and your fiance(e) to decide

Good luck and let us know how you get on. These are just my ideas and someone else may very well have better ones

[zqt3344 21]

Why not go for it, how will anyone know, just get married in the USA anyway like you have to. Good luck.

I filed a K1 visa app on behalf of my fiance in August, NOA1 in October 07. Her parents didn't know at the time, but now they do and they're ok, so I'm flying to India to get married to her. Will this affect our status as K1 petitioners? Will they ask us to re-file an I-130F? We still plan to wed in the USA.

[*JG* 2]

Regardless of if it was legal/binding or not, by sending the wedding pictures in with the K-1, you are going to get denied. It will probably take a while to even get that denial. At the very least, you are going to have a lot of explaining to do that will probably end in a denial anyhow.

Might as well marry in April now and send in a K-3 or CR-1.

Please make sure in the future that you check the guides before making any more decisions. It will save you lots of headaches.

[garya505 2]

K-1 is a Fiance(e) VISA.

[sauron 0]

The April wedding can be postponed if necessary. Our priority is her entering the USA ASAP. I don't want to cancel the K1 and start over if I (or my legal representation) can persuade the USCIS to grant her the visa despite our unregistered marriage in India. I'm not sure how you can contact the person(s) at the USCIS who can make that decision. Also, the K-3 requires filing proof of legal recognition of the marriage. Thinking back (I did this back in August 07), this was the reason we decided to go with the K-1. Without legal recognition in India they would deny the K-3.

Edited January 31, 2008 by sauron

[gwenneh 7]

You can't. That will be the interviewing/adjudicating officer who decides.

[Gringita/Morenito 0]

Ok that isn't good news. One more question then. We actually were married in July of last year (without her parents knowledge, they know now and are ok, which is why I'm coming back to marry again for her family). I filed a note with the K1 visa app materials explaining this, and included pictures of the wedding. The marriage was not registered with any civil authority. There is no record of it, it was just us, some friends, and a priest. We did receive our NOA1 in October. Is this application doomed to failure in another 3 months when the CSC gets around to the October filers? Perhaps I should get an attorney at this point, but I am grateful for the advice from those of you who have dealt with the USCIS before.

I don't know if India recognizes a religious ceremony as legally binding. (I know Peru where my finance is from does not, it must be civil.) If you are not "legally married":

Wow. You may get a RFE to prove you are not legally married or you may get a denial, it really depends. Regardless, if you return for a legal marriage it would still void the finance Visa.

Best of luck to you on this....

[Dan J 277]

Even though you are not married, showing that you had a wedding may cause the officer who is processing your case to assume that you are married and ineligible for a K-1 visa. You could have done a K-1 visa with what you did, but you should have left all evidence of the event out of your petition.

On the other hand, if a non-legal ceremony of some kind is common in the culture, you may be alright.

But regardless, you should be prepared for questions, and the possibility of denial and having to start over.

[chris4gretchen 1]

Why not go for it, how will anyone know, just get married in the USA anyway like you have to. Good luck.

Did you read his post??? he sent wedding pictures in with his petition and a letter explaining how they got married. I think informing them in the petition will let them know.

Chris