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ScottBadet

Can Marry while waiting for K1 Visa

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I met my fiance over year ago in Philippines. I sent I- 129 in July, 2008. At first we where planning to marry once she arrived here in the US, but now we are planning to marry over in the Philippines so she will be with her family on her wedding day. So my question is this. Can we still get K1 visa, marry in Philippines and then summit paper work for the I- 130 once she arrives here in US. We will be married before the 90 day time frame runs out. In fact we are planning on getting married right after she gets her K1 visa, and then fly here to the US, and then right after her arrival summit the change of status, and I- 130 paper work. Is this OK to do, or should we just go back to original plan and marry here in US. I my self would rahter have a nice wedding in Philippines. Any ideas or info would be greatly appreciated.

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With a K-1 visa, you MUST get married in the U.S. If you marry outside the U.S., you will need to start all over from the very beginning with a totally different visa (a spousal visa).


"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

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I met my fiance over year ago in Philippines. I sent I- 129 in July, 2008. At first we where planning to marry once she arrived here in the US, but now we are planning to marry over in the Philippines so she will be with her family on her wedding day. So my question is this. Can we still get K1 visa, marry in Philippines and then summit paper work for the I- 130 once she arrives here in US. We will be married before the 90 day time frame runs out. In fact we are planning on getting married right after she gets her K1 visa, and then fly here to the US, and then right after her arrival summit the change of status, and I- 130 paper work. Is this OK to do, or should we just go back to original plan and marry here in US. I my self would rahter have a nice wedding in Philippines. Any ideas or info would be greatly appreciated.

I know if im wrong about this someone will tell u better than i can but the k1 visa is for entry into the USA for marraige if ur already married when she enters its visa fraud..........

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I met my fiance over year ago in Philippines. I sent I- 129 in July, 2008. At first we where planning to marry once she arrived here in the US, but now we are planning to marry over in the Philippines so she will be with her family on her wedding day. So my question is this. Can we still get K1 visa, marry in Philippines and then summit paper work for the I- 130 once she arrives here in US. We will be married before the 90 day time frame runs out. In fact we are planning on getting married right after she gets her K1 visa, and then fly here to the US, and then right after her arrival summit the change of status, and I- 130 paper work. Is this OK to do, or should we just go back to original plan and marry here in US. I my self would rahter have a nice wedding in Philippines. Any ideas or info would be greatly appreciated.

If you marry, you no longer have a fiancee, and your wife will be ineligible for a K1 visa.

The K1 visa requires that the marriage take place in the USA, within 90 days of entry. If you marry abroad after obtaining the visa, the visa is void. If you use it, then try to adjust status in the USA based on a marriage abroad, you will be denied and your then wife will need to leave the USA and complete a spouse visa process.

If your priority is to marry in the PI, withdraw the I-129F petition now and file an I-130 after you are married.


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I met my fiance over year ago in Philippines. I sent I- 129 in July, 2008. At first we where planning to marry once she arrived here in the US, but now we are planning to marry over in the Philippines so she will be with her family on her wedding day. So my question is this. Can we still get K1 visa, marry in Philippines and then summit paper work for the I- 130 once she arrives here in US. We will be married before the 90 day time frame runs out. In fact we are planning on getting married right after she gets her K1 visa, and then fly here to the US, and then right after her arrival summit the change of status, and I- 130 paper work. Is this OK to do, or should we just go back to original plan and marry here in US. I my self would rahter have a nice wedding in Philippines. Any ideas or info would be greatly appreciated.

If you marry, you no longer have a fiancee, and your wife will be ineligible for a K1 visa.

The K1 visa requires that the marriage take place in the USA, within 90 days of entry. If you marry abroad after obtaining the visa, the visa is void. If you use it, then try to adjust status in the USA based on a marriage abroad, you will be denied and your then wife will need to leave the USA and complete a spouse visa process.

If your priority is to marry in the PI, withdraw the I-129F petition now and file an I-130 after you are married.

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You'd have to start from scratch with a spousal visa.

Wait it out or do as Pushbrk suggested.

Best of luck :)


Let's Keep the Song Going!!!

CANADA.GIFUS1.GIF

~Laura and Nicholas~

IMG_1315.jpg

Met online November 2005 playing City of Heroes

First met in Canada, Sept 22, 2006 <3

September 2006 to March 2008, 11 visits, 5 in Canada, 6 in NJ

Officially Engaged December 24th, 2007!!!

Moved to the U.S. to be with my baby on July 19th, 2008 on a K1 visa!!!!

***10 year green card in hand as of 2/2/2012, loving and living life***

Hmmm maybe we should move back to Canada! lol smile.png

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Well, you're already 2-3 months into the K1 process, which is about half way. I don't think it would be wise, unless there's some greatly compelling reason to scrap it all and marry overseas, especially when the K3 process generally takes longer. Just marry here. If you were like, one month or less into the process, I'd have said scrap it, but then again it's your choice. If you can go the wait with no problem, go for the K3. Most of us wouldn't want to though, I imagine.

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Well, you're already 2-3 months into the K1 process, which is about half way. I don't think it would be wise, unless there's some greatly compelling reason to scrap it all and marry overseas, especially when the K3 process generally takes longer. Just marry here. If you were like, one month or less into the process, I'd have said scrap it, but then again it's your choice. If you can go the wait with no problem, go for the K3. Most of us wouldn't want to though, I imagine.

Yes, I agree. Will just switch plans back to the original way we was going to do. Only reason we thought about getting married in Philippines is because here I have very small family, and of course my fiance back in Philippines has very large family, so we thought it would be nicer and funner getting married in Philippines. But we will definitly go back to plans of marry here in US. Thank You all.

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I met my fiance over year ago in Philippines. I sent I- 129 in July, 2008. At first we where planning to marry once she arrived here in the US, but now we are planning to marry over in the Philippines so she will be with her family on her wedding day. So my question is this. Can we still get K1 visa, marry in Philippines and then summit paper work for the I- 130 once she arrives here in US. We will be married before the 90 day time frame runs out. In fact we are planning on getting married right after she gets her K1 visa, and then fly here to the US, and then right after her arrival summit the change of status, and I- 130 paper work. Is this OK to do, or should we just go back to original plan and marry here in US. I my self would rahter have a nice wedding in Philippines. Any ideas or info would be greatly appreciated.

You can always have a wedding ceremony to celebrate your future marriage, as long as you don't make it official/legally binding. In other words, you can have a religious ceremony, as long as you don't register it with the government. Another option is to have a really nice engagement party there before the visa.

Or go ahead and get married officially here, and then do the ceremony there later.

Whatever you do, DO NOT get legally married there and then use the K-1. I read about someone who did that, and then was deported with I believe a TEN YEAR BAN.


met online May 2006

visited him in Morocco July 2006

K-1 petition sent late September 2006 after second visit

December 2006 - third trip - went for his visa interview (stood outside all day)

visa approved! arrived here together right before Christmas 2006

married January 2007

AOS paperwork sent February 2007

RFE (yipee)

another RFE (yikes)

AOS approval July 2007

sent Removal of Conditions paperwork 01 May 2009

received I-751 NOA 14 May 2009

received ASC appt. notice 28 May 2009

biometrics appt. 12 June 2009

I-751 approval date 25 Sept 2009 (no updates on the system - still says 'received'/"initial review")

19 Oct 2009 - got text message "card production ordered"

24 Oct 2009 - actual card in the mail box!

sent his N-400 - 14 May 2010

check cashed 27 May 2010

NOA received 29 May 2010 (dated 24 May)

Biometrics Appointment Letter received 17 June 2010

Biometrics scheduled for 08 July 2010; walk-in successfully done in Philadelphia 07 July 2010

02 Oct 2010 - FINALLY got email saying the case was being transferred to the local office. Hoping to get his interview letter soon...

05 Oct 2010 - received interview letter!!!!

08 November 2010 - scheduled for N-400 interview

- went together for interview; file isn't there - need to wait to be rescheduled

Jan 2011 - went for Infopass

25 Feb 2011 - interview

19 April 2011 - Infopass

8 July 2011 - HE'S FINALLY A CITIZEN - WOO HOOOOOO!!!!!!!!!!!!!!!

30 July 2011 - citizenship party

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Oh, and if you have the ceremony there before she gets here, DO NOT use the word "wedding" or "marriage" with USCIS - just say "engagement party", or don't mention it at all. No need to complicate things.


met online May 2006

visited him in Morocco July 2006

K-1 petition sent late September 2006 after second visit

December 2006 - third trip - went for his visa interview (stood outside all day)

visa approved! arrived here together right before Christmas 2006

married January 2007

AOS paperwork sent February 2007

RFE (yipee)

another RFE (yikes)

AOS approval July 2007

sent Removal of Conditions paperwork 01 May 2009

received I-751 NOA 14 May 2009

received ASC appt. notice 28 May 2009

biometrics appt. 12 June 2009

I-751 approval date 25 Sept 2009 (no updates on the system - still says 'received'/"initial review")

19 Oct 2009 - got text message "card production ordered"

24 Oct 2009 - actual card in the mail box!

sent his N-400 - 14 May 2010

check cashed 27 May 2010

NOA received 29 May 2010 (dated 24 May)

Biometrics Appointment Letter received 17 June 2010

Biometrics scheduled for 08 July 2010; walk-in successfully done in Philadelphia 07 July 2010

02 Oct 2010 - FINALLY got email saying the case was being transferred to the local office. Hoping to get his interview letter soon...

05 Oct 2010 - received interview letter!!!!

08 November 2010 - scheduled for N-400 interview

- went together for interview; file isn't there - need to wait to be rescheduled

Jan 2011 - went for Infopass

25 Feb 2011 - interview

19 April 2011 - Infopass

8 July 2011 - HE'S FINALLY A CITIZEN - WOO HOOOOOO!!!!!!!!!!!!!!!

30 July 2011 - citizenship party

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I agree. We're doing the civil-first, then saving up for the ceremony later, although both are going to be held here. I see no reason why one can do a ceremony, just making sure there's no legal marriage, and make sure not to give any evidence to the USCIS or beneficiary's embassy that you did [unofficially] marry (i.e. no wedding photos, just photos together in general) as not to potentially complicate the situation.

Edited by SRVT

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Yup, just have her come here, go to the courthouse, get married, file AOS, get the AP and go back to the PI for the big ceremony. It usually takes only a few months to get AP after you file and then she is free to leave the US for short visits. I know for most of us its the ceremony that makes the marriage, not signing a piece of paper.


Timeline

AOS

Mailed AOS, EAD and AP Sept 11 '07

Recieved NOA1's for all Sept 23 or 24 '07

Bio appt. Oct. 24 '07

EAD/AP approved Nov 26 '07

Got the AP Dec. 3 '07

AOS interview Feb 7th (5 days after the 1 year anniversary of our K1 NOA1!

Stuck in FBI name checks...

Got the GC July '08

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Thank you all for the very fast reply. I thought that was going to be the answer, which is no big deal. We will just stick to the original plan, and then someday or some year remarry in her home country of the Philippines.

Good decision. Goodluck


Removal of Conditions :

August 16, 2010 - Petition received by USCIS Vermont Center

August 20, 2010 - NOA1 received

October 4, 2010 - Biometrics

January 3, 2011 - Permanent 10 yr. Green Card Received.

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