Fianc'e Visa Approval Question

[Jeff_Armi 0]

Blessings to all and thank you in advance for anyone who can assit us in answer this question. Our question is this, when the Embassy approves all our paperwork and issues my fianc'e her visa and passport, can she stop home in the Philippines where I will meet her there so that I can meet her family and also have a wedding ceremony before her family? We would then fly back to the US and legally get married. So, basically my question is this. Will the Embassy allow her to make a pit stop or does she have to come directly to the US ?

[Otto 83]

There is no restriction(s) to travel only to the US. Can travel anywhere she was otherwise allowed to travel.

[Bobby+Umit 161]

Blessings to all and thank you in advance for anyone who can assit us in answer this question. Our question is this, when the Embassy approves all our paperwork and issues my fianc'e her visa and passport, can she stop home in the Philippines where I will meet her there so that I can meet her family and also have a wedding ceremony before her family? We would then fly back to the US and legally get married. So, basically my question is this. Will the Embassy allow her to make a pit stop or does she have to come directly to the US ?

Hmm..... getting married before coming to the US on a K-1....

I think that may cause you an issue, if the USCIS finds out.... - Most advice I have seen here and from others is not to get married (legal/religious) to avoid any issues....

However, she is free to travel as much as she wants prior to coming to the US.

[inGODShands 0]

If you want to get your fiancee here.... you CANNOT marry in her country on a K-1 VISA. That's the whole point of the K-1.... to bring your finacee here to marry. That's what the K-1 VISA is for. If you marry first there instead of here on US soil... then it cancels the WHOLE PROCESS & the VISA in not valid. She will not be allowed to enter the states.

[desert_fox 32]

Blessings to all and thank you in advance for anyone who can assit us in answer this question. Our question is this, when the Embassy approves all our paperwork and issues my fianc'e her visa and passport, can she stop home in the Philippines where I will meet her there so that I can meet her family and also have a wedding ceremony before her family? We would then fly back to the US and legally get married. So, basically my question is this. Will the Embassy allow her to make a pit stop or does she have to come directly to the US ?

like directly from the Consulate to the airport without stopping???

stupid question....just dont do anything that could be construded as a wedding as the CBP will refuse her entrance at the POE.

[Peter&TT 0]

If you want to get your fiancee here.... you CANNOT marry in her country on a K-1 VISA. That's the whole point of the K-1.... to bring your finacee here to marry. That's what the K-1 VISA is for. If you marry first there instead of here on US soil... then it cancels the WHOLE PROCESS & the VISA in not valid. She will not be allowed to enter the states.

I don't think it will be a problem as long as they don't register/apply for a marriage license outside the US. Holding a religious wedding ceremony (w/o a marriage license/certificate) anywhere (either in or outside the US) doesn't define a legal state marriage. As far as I understand, in the US the only thing that proves someone legally married is the marriage certificate which is issued by an American Clerk's office. In other words, you can have as many religious wedding ceremonies/parties with many men/women as you want (provided that you are able to do so ) and the US doesn't consider it a valid marriage until you apply and obtain a marriage certificate.

Anyway don't take my words for it. You need to double-check with your state laws.

Peter

[msu17 0]

If you want to get your fiancee here.... you CANNOT marry in her country on a K-1 VISA. That's the whole point of the K-1.... to bring your finacee here to marry. That's what the K-1 VISA is for. If you marry first there instead of here on US soil... then it cancels the WHOLE PROCESS & the VISA in not valid. She will not be allowed to enter the states.

I don't think it will be a problem as long as they don't register/apply for a marriage license outside the US. Holding a religious wedding ceremony (w/o a marriage license/certificate) anywhere (either in or outside the US) doesn't define a legal state marriage. As far as I understand, in the US the only thing that proves someone legally married is the marriage certificate which is issued by an American Clerk's office. In other words, you can have as many religious wedding ceremonies/parties with many men/women as you want (provided that you are able to do so ) and the US doesn't consider it a valid marriage until you apply and obtain a marriage certificate.

Anyway don't take my words for it. You need to double-check with your state laws.

Peter

Don't know if I misunderstood, but in the US you aren't considered married unless you have a license. However in other countries, religious ceremonies etc. even without a license can be considered valid and therefor would invalidated the K1. And if a marriage is considered valid in another country, the US recognizes it (as long as it isn't against the law here, ie gay marriage or polygamy). Not saying the PI is that way, but certain countries are and anyone considering doing a religious ceremony in their home country needs to very closely look into the laws of their country.

To the OP, a K-1 holder has 6 months (I believe) to enter the US. Where they go in between the time they get the visa and the date it expires doesn't matter (unless you enter the US and use the visa of course!) SO yes, she can go home. She can do a world tour if she wants

Edited January 16, 2009 by msu17

[Jasman0717 9]

The beneficiary has up to six months to execute the visa so she certainly could go home for a bit.

[Peter&TT 0]

If you want to get your fiancee here.... you CANNOT marry in her country on a K-1 VISA. That's the whole point of the K-1.... to bring your finacee here to marry. That's what the K-1 VISA is for. If you marry first there instead of here on US soil... then it cancels the WHOLE PROCESS & the VISA in not valid. She will not be allowed to enter the states.

I don't think it will be a problem as long as they don't register/apply for a marriage license outside the US. Holding a religious wedding ceremony (w/o a marriage license/certificate) anywhere (either in or outside the US) doesn't define a legal state marriage. As far as I understand, in the US the only thing that proves someone legally married is the marriage certificate which is issued by an American Clerk's office. In other words, you can have as many religious wedding ceremonies/parties with many men/women as you want (provided that you are able to do so ) and the US doesn't consider it a valid marriage until you apply and obtain a marriage certificate.

Anyway don't take my words for it. You need to double-check with your state laws.

Peter

Don't know if I misunderstood, but in the US you aren't considered married unless you have a license. However in other countries, religious ceremonies etc. even without a license can be considered valid and therefor would invalidated the K1. And if a marriage is considered valid in another country, the US recognizes it (as long as it isn't against the law here, ie gay marriage or polygamy). Not saying the PI is that way, but certain countries are and anyone considering doing a religious ceremony in their home country needs to very closely look into the laws of their country.

To the OP, a K-1 holder has 6 months (I believe) to enter the US. Where they go in between the time they get the visa and the date it expires doesn't matter (unless you enter the US and use the visa of course!) SO yes, she can go home. She can do a world tour if she wants

I know at least a case (a guy i know). Through family he was introduced to a Vietnamese girl. Within 3 months he went to VietNam to meet her in person for the first time and they got married (in terms of having a religious wedding ceremony at a church) during this very first and only trip. His wife got pregnant after he left. Back to the US, he filed I-129F for K1 visa and within 6 month they are together in the US and she just delivered a baby boy last Nov. Lucky them!!!

I were told that his wife showed their wedding photos at the interview and she passed. I've read many posts here & VJ members' stories, and many times I found things are contradict (eg, couples cannot get married outside the US while applying for K1 visa whereas a CO needs proof of bonadine realationship. And what proof can show a bonafide marriage more than a video/photo of a religious wedding ceremony with a lot family members, friends & guests?)

So my point is "yes you can have religious wedding ceremonies or whatsoever while filing I129F applying for K1 visa as long as you don't register/apply for a marriage license/certificate in any means - either at a church or at a state office.)

However, I am not a lawyer & don't take my words for it.

Peter

[Danu 19]

If you want to get your fiancee here.... you CANNOT marry in her country on a K-1 VISA. That's the whole point of the K-1.... to bring your finacee here to marry. That's what the K-1 VISA is for. If you marry first there instead of here on US soil... then it cancels the WHOLE PROCESS & the VISA in not valid. She will not be allowed to enter the states.

I don't think it will be a problem as long as they don't register/apply for a marriage license outside the US. Holding a religious wedding ceremony (w/o a marriage license/certificate) anywhere (either in or outside the US) doesn't define a legal state marriage. As far as I understand, in the US the only thing that proves someone legally married is the marriage certificate which is issued by an American Clerk's office. In other words, you can have as many religious wedding ceremonies/parties with many men/women as you want (provided that you are able to do so ) and the US doesn't consider it a valid marriage until you apply and obtain a marriage certificate.

Anyway don't take my words for it. You need to double-check with your state laws.

Peter

Don't know if I misunderstood, but in the US you aren't considered married unless you have a license. However in other countries, religious ceremonies etc. even without a license can be considered valid and therefor would invalidated the K1. And if a marriage is considered valid in another country, the US recognizes it (as long as it isn't against the law here, ie gay marriage or polygamy). Not saying the PI is that way, but certain countries are and anyone considering doing a religious ceremony in their home country needs to very closely look into the laws of their country.

To the OP, a K-1 holder has 6 months (I believe) to enter the US. Where they go in between the time they get the visa and the date it expires doesn't matter (unless you enter the US and use the visa of course!) SO yes, she can go home. She can do a world tour if she wants

I know at least a case (a guy i know). Through family he was introduced to a Vietnamese girl. Within 3 months he went to VietNam to meet her in person for the first time and they got married (in terms of having a religious wedding ceremony at a church) during this very first and only trip. His wife got pregnant after he left. Back to the US, he filed I-129F for K1 visa and within 6 month they are together in the US and she just delivered a baby boy last Nov. Lucky them!!!

I were told that his wife showed their wedding photos at the interview and she passed. I've read many posts here & VJ members' stories, and many times I found things are contradict (eg, couples cannot get married outside the US while applying for K1 visa whereas a CO needs proof of bonadine realationship. And what proof can show a bonafide marriage more than a video/photo of a religious wedding ceremony with a lot family members, friends & guests?)

So my point is "yes you can have religious wedding ceremonies or whatsoever while filing I129F applying for K1 visa as long as you don't register/apply for a marriage license/certificate in any means - either at a church or at a state office.)

However, I am not a lawyer & don't take my words for it.

Peter

Did they apply for a K1 or a K3? If they applied for a K3 then having wedding pictures is awesome because you are petitioning for your spouse to come over and can do the AOS while they are here, on a K1 I think having wedding photos would invalidate the visa. Getting married before approval or activation of the K1 visa terminates its validity and could result in being turned away at the POE if they find out about it, so i Would definately check to see what types of ceremonies are viewed as legal and binding ceremonies in PI, and which are simply religious.