Got Engaged and then court married...What to do now?

[Pistons_09 0]

First timer here.

My fiance lives in India. We got engaged, and then we got court married (thinking it would speed up the process). Unfortunately, now we have realized that K3 times take longer than K1.

Yes, I realize it was a grave mistake. I feel terrible about it but cannot undue the past My heart aches everytime I think about it.

My questions:

1) If we apply for the K1 visa even though we are married legally in India...Will we be found out? I'm not sure how marriage records are searched/accessed in India. Is the time saved not worth the risk?

2) If we do the K3 visa, can she try for a visitor's visa? If so, when should she apply, before or after I start the paperwork for K3? (ie, What gives her the greatest chance of success to obtain a visitor's visa. I know its hard once she states she is married to a US citizen, but its worth a shot)

Thank you so much.

[bora bora 1]

First timer here.

My fiance lives in India. We got engaged, and then we got court married (thinking it would speed up the process). Unfortunately, now we have realized that K3 times take longer than K1.

Yes, I realize it was a grave mistake. I feel terrible about it but cannot undue the past My heart aches everytime I think about it.

My questions:

1) If we apply for the K1 visa even though we are married legally in India...Will we be found out? I'm not sure how marriage records are searched/accessed in India. Is the time saved not worth the risk?

2) If we do the K3 visa, can she try for a visitor's visa? If so, when should she apply, before or after I start the paperwork for K3? (ie, What gives her the greatest chance of success to obtain a visitor's visa. I know its hard once she states she is married to a US citizen, but its worth a shot)

Thank you so much.

If you're married she's no longer your fiancee, but now you're wife. You cannot apply for a fiancee visa because you don't have one, you have a spouse, hence the K3.

What do you mean by "found out"? Are you serious?

[Gary and Alla 3,694]

First timer here.

My fiance lives in India. We got engaged, and then we got court married (thinking it would speed up the process). Unfortunately, now we have realized that K3 times take longer than K1.

Yes, I realize it was a grave mistake. I feel terrible about it but cannot undue the past My heart aches everytime I think about it.

My questions:

1) If we apply for the K1 visa even though we are married legally in India...Will we be found out? I'm not sure how marriage records are searched/accessed in India. Is the time saved not worth the risk?

2) If we do the K3 visa, can she try for a visitor's visa? If so, when should she apply, before or after I start the paperwork for K3? (ie, What gives her the greatest chance of success to obtain a visitor's visa. I know its hard once she states she is married to a US citizen, but its worth a shot)

Thank you so much.

Brilliant! Getting married to "speed up" a fiancee visa. Why didn't I think of that?

1) Most likely, YES. And when you do your K-1 will be denied and you will both be barred, minimum 3 years, maybe 10 years, maybe for life, from applying for or petitioning any other visa

2) Yes she can apply. You are all ready married, it will not matter if she applies before or after filing for the visa.

[payxibka 10,044]

First timer here.

My fiance lives in India. We got engaged, and then we got court married (thinking it would speed up the process). Unfortunately, now we have realized that K3 times take longer than K1.

Yes, I realize it was a grave mistake. I feel terrible about it but cannot undue the past My heart aches everytime I think about it.

My questions:

1) If we apply for the K1 visa even though we are married legally in India...Will we be found out? I'm not sure how marriage records are searched/accessed in India. Is the time saved not worth the risk?

2) If we do the K3 visa, can she try for a visitor's visa? If so, when should she apply, before or after I start the paperwork for K3? (ie, What gives her the greatest chance of success to obtain a visitor's visa. I know its hard once she states she is married to a US citizen, but its worth a shot)

Thank you so much.

So you are considering misrepresentation on immigration forms? not a good way to start ... if found out it would be deportation for the alien and a probable lifetime ban to re-entry.... I say... go for it...

Edited March 12, 2009 by payxibka

[Prawninator 138]

Uhm, dude.. if you married her, she's not your fiancee anymore, so filing for the fiance visa is considered fraud. I say go for the K3. Might take longer, yes. But I believe it's a little bit faster after that when she finally enters the United States. So it works out either way, yes? That's what I believe. Don't quote me, I'm not sure on that!

As for a visitor's visa, I believe she *CAN* file for one, she just has to show intent of returning back to India, such as a current job, a return ticket, etc, something like a person travelling on the Visa Waiver Program. I mean, the process takes a loooooong time. You don't expect a couple to not see each other (or at least to not long for each other!) during that time. She should probably speak to the consulate (or wherever she files for travel documents) regarding this issue.

Good luck!

[Pistons_09 0]

Hey guys thanks for the replies. After getting over the initial shock, I think we are OK with it. Whatever happened has happened, there is absolutely no sense in risking the rest of our lives for 3 months. Thanks to everyone for helping me see straight!

We will still try the visitor's visa route, but will probably do after the process for K3. Figure the chances of her getting the visitor's visa is the same anyways (and I realize its slim) so might as well get the ball rolling for K3. Unless anyone thinks differently?

[Cuchita 1]

You are thinking like a smuggler.

[cmdpdiva 0]

Many VJ members have been finding that the I-130 (CR1) is being approved faster than the I-129 (K-3). Check the timelines before you do the K-3.

[Bobby+Umit 161]

Hey guys thanks for the replies. After getting over the initial shock, I think we are OK with it. Whatever happened has happened, there is absolutely no sense in risking the rest of our lives for 3 months. Thanks to everyone for helping me see straight!

We will still try the visitor's visa route, but will probably do after the process for K3. Figure the chances of her getting the visitor's visa is the same anyways (and I realize its slim) so might as well get the ball rolling for K3. Unless anyone thinks differently?

Good, you have seen the light.

By all means, try for the visitors visa. I would probably think since you going for the K-3, the odds of getting the visitors visa is pretty slim, but they are zero if you do not try.

[Sinergy 3]

You have 2 choices, you can file the CR1 or the K3.....the K1 is no longer valid for you.

Have moved to the K3 forum for further assistance as this is not a K1 issue