Can Marry while waiting for K1 Visa

[ScottBadet 0]

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.

[raymaga 25]

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).

[sara..... 371]

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..........

[pushbrk 12,105]

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.

[ScottBadet 0]

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.

[~Laura and Nick~ 5]

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

Wait it out or do as Pushbrk suggested.

Best of luck

[IAMX 3,055]

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.

[ScottBadet 0]

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.

[ScottBadet 0]

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.

[venusfire503 54]

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.

[venusfire503 54]

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.

[IAMX 3,055]

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 September 13, 2008 by SRVT

[msu17 0]

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.

[jom 4]

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

[warriorprincess 0]

Wait until she gets to the US then marry. Better to be safe than sorry. All the best to you both.