A few questions...

[spicer650 0]

Okay first off, I'd just like to say thanks, we used the site and our application was approved and now her package is there we just have to schedule the appointment which brings me to my first question, it doesn't say when we have to respond to the package by, we were talking about doing a wedding if not the only wedding over in Belgium where my fiancee currently is residing, my folks and myself are all going over towards the end of March and I heard that after its all in and you are issued the visa that you have 6 months to enter the country, is this also true? I couldn't find it on the guides :/

My next question which doesn't really pertain to the 129F was if we get married there, we were hoping to stay there until the end of summer which would be when I need to be back for work, can we only stay out of the country for 3 months? We thought about getting my citzenship there too just to have it, but I've heard mixed comments about getting dual citizenship. I was born in the states and always lived here, would I be able to keep my US citizenship and obtain belgian?

Thanks!

[*julez* 124]

Once issued, the K1 is valid for six months, at which point you'd need to enter the US. From the date of entry, you then have 90 days in which to marry.

Of course, should you choose to marry whilst in Belgium, the K1 visa would be null and void, since it is a visa for a fiance, not a spouse. You'd have to start over with a spousal visa application, either a K3 or a CR-1/IR-1.

[malego77 2]

Okay first off, I'd just like to say thanks, we used the site and our application was approved and now her package is there we just have to schedule the appointment which brings me to my first question, it doesn't say when we have to respond to the package by, we were talking about doing a wedding if not the only wedding over in Belgium where my fiancee currently is residing, my folks and myself are all going over towards the end of March and I heard that after its all in and you are issued the visa that you have 6 months to enter the country, is this also true? I couldn't find it on the guides :/

When I went to my K1 interview, the consul told me that I had 6 months to enter to US. And when the visa is stamped on the passport the expiration date is until 6 months.

My next question which doesn't really pertain to the 129F was if we get married there, we were hoping to stay there until the end of summer which would be when I need to be back for work, can we only stay out of the country for 3 months? We thought about getting my citzenship there too just to have it, but I've heard mixed comments about getting dual citizenship. I was born in the states and always lived here, would I be able to keep my US citizenship and obtain belgian?

My husband was born in US too, he got his dual citizenship from Mexico last year (he's 28 yrs old), and we didn't have any problem related with that.

Thanks!

[spicer650 0]

Hrmmm I was under the understanding that we could do the marriage there...is that not the case?

[Zee Bee 61]

K1 visa is for your fiancee to come to the US so that you can get married here.

[spicer650 0]

Okay great I'm glad to hear I could have dual citizenship because we'll obviously be wanting to see her family as much as we can too. Is there any deadline though when it comes to actually going TO that interview? I mean if she wanted to wait a month until lets say I'd be there, would that be a problem?

[mox 298]

Hrmmm I was under the understanding that we could do the marriage there...is that not the case?

You have to be unmarried to enter the US on the K-1 visa. Once in the United States, you have 90 days to marry. If you leave the United States before you are married, you cannot re-enter even if you marry outside the US.

So get married in the US first, then after your fiancee has adjusted status you can go to Belgium and have a ceremonial wedding there.

[Kazan' Tiger 1]

The K-1 is for bringing a fiancé(e) (not a spouse) here for the purpose of marriage within the U.S. only. If you marry in Belgium you would null and void the K-1 as this is no longer the case.

Hrmmm I was under the understanding that we could do the marriage there...is that not the case?

[MarkNAshley 0]

Hrmmm I was under the understanding that we could do the marriage there...is that not the case?

No its not. Your marriage license has to be from the USA. The K-1 is a fiancee VISA that allows your fiancee to enter the country and then you are to marry her/him in this country and then file for AOS and so on.

If you were to marry him/her in the foreign country you would then be required to file for a CR-1/K-3 and follow the application procedure that way.

One option of what you can do is have a ceremony in the foreign country and simply not sign a marriage license, and then upon your return to the US, file for a marriage license and go before a justice of the peace and have the official ceremony.

Hope that helps a little!

[masterpiece91 0]

Hrmmm I was under the understanding that we could do the marriage there...is that not the case?

No... the legal marriage needs to take place within the USA. Now you could maybe do the church ceremony in your country but it must not have any legal status since like stated earlier the K1 would become null and void. Maybe you could do the church wedding there but not register your marriage there. You could simply come here and go before a Justice of the peace and have him marry you guys here in the USA after that you will have to file for AOS (Adjustment of Status).

[spicer650 0]

Okay yeah I like that idea, now my last question I think is about how long I can stay there without us being married then? We were wanting to spend some time there in Belgium before we came back here to the states.

[masterpiece91 0]

Okay yeah I like that idea, now my last question I think is about how long I can stay there without us being married then? We were wanting to spend some time there in Belgium before we came back here to the states.

The beneficiary once they receive the visa have a period of 6 months from when they get the visa for the visa to expire. Therefore you could stay there for as long as you want as long as the visa does not expire wich again it would expire 6 monhts from the time she receives her visa.

[MarkNAshley 0]

Okay yeah I like that idea, now my last question I think is about how long I can stay there without us being married then? We were wanting to spend some time there in Belgium before we came back here to the states.

Once your K1 is issued it is valid for entry for 180 days after issue date to enter the US. This 180 day period does not have any impact on your 90 days inside the US. The expiration date will be printed on the visa when you receive it. Unless your plan was to visit Belgium for longer than 6 months your visa expiration shouldn't affect your travel plans.

There is one catch however. A K1 visa is only valid for one entry into the US. Your Fiance should not come to the US until after your visit to Belgium. If they did you will need to get married and then wait to receive your Advance Parole(AP) before you will be able to travel outside the country again without endangering your status.

Mark

[*julez* 124]

You would need to check with Belgium regarding how long you are able to stay there as a visitor.

[Kathryn41 3,205]

There is one other factor you need to consider with the length of time you are a visitor and outside of the US. Once your fiancee arrives in the US and you marry (must be within 90 days) her status in the US is only valid for 90 days - the time stamped upon her I-94. To regain legal status she needs to file for AOS - to change her status from non-immigrant to immigrant. Part of this application requires a financial petition that shows you have either 125% above the poverty line at the time of the AOS or have a co-sponsor that meets the financial requirements. You may wish to look at what your financial picture is and determine your length of visit based upon that picture. It is a good idea to read the requirements for AOS in the forums here.