Jump to content
Sign in to follow this  
Smizzy

K-1 Petition already filed for US -- can we have a marriage ceremony in both countries?

14 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Australia
Timeline

Hello All,

I was hoping you fine folks could help out with something that I'm newly concerned about. I'm a US citizen and my fiancee is an Australian citizen and we've already submitted the petition for the K1 visa at the VSC (we waited a lot longer than we should have). We have already planned a wedding in Australia in November and I highly doubt that the K-1 visa for my fiancee would be granted by then. We're also planning an additional reception here in the US for my friends and family.

What concerns me is that, technically, we would already be married in Australia by the time my fiancee would be called in for the interview at the consulate there. Is this something I need to worry about? The original plan was to file for the K1 in advance, obtain the visa, have a ceremony in Australia for her family and friends, and then come back to the US for a court marriage and another reception for my family and friends.

Any advice would be greatly appreciated. Much thanks!


Jul 22, 2009: I-129F Sent

Jul 30, 2009: I-129F NOA1

Oct 09, 2009: I-129F NOA2

Oct 13, 2009: NVC received

Oct 21, 2009: NVC sent to Sydney

Oct 26, 2009: Sydney Received

Oct 27, 2009: Packet 3 email received

Nov 02, 2009: Packet 3 sent

Nov 04, 2009: Packet 4 received

Nov 24, 2009: Interview scheduled

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

If you are married your fiance will not be issued a K1 visa.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

As long as you don't file the paperwork to make you legally wed in that country, there shouldnt be an issue. I wouldnt get her to bring any pictures of it to the interview and makes sure she doesnt call you her husband or they will think you have married and make you start over on a K3.


~*~*~Steph and Wes~*~*~
Married: 2010-01-20

ROC: (for the complete timeline click on my timeline button, the signature was getting too long!)
I-751 Sent: 2015-05-22
NOA1 Notice Date: 2015-05-27
NOA1 Received: 2015-06-06
Biometrics Notice Date: 2015-06-27
Biometrics Date: 2015-07-17

Interview Notice Date: 2015-07-28

Interview Date: ​2015-09-01
Approval Date:
Approval Notice Date:


hdh1crofujrxk.png

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Australia
Timeline
As long as you don't file the paperwork to make you legally wed in that country, there shouldnt be an issue. I wouldnt get her to bring any pictures of it to the interview and makes sure she doesnt call you her husband or they will think you have married and make you start over on a K3.

Thanks for the replies. We probably should of thought this through a bit better in the beginning.


Jul 22, 2009: I-129F Sent

Jul 30, 2009: I-129F NOA1

Oct 09, 2009: I-129F NOA2

Oct 13, 2009: NVC received

Oct 21, 2009: NVC sent to Sydney

Oct 26, 2009: Sydney Received

Oct 27, 2009: Packet 3 email received

Nov 02, 2009: Packet 3 sent

Nov 04, 2009: Packet 4 received

Nov 24, 2009: Interview scheduled

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: England
Timeline

You're applying for a Fiancee visa. Performing anything that could even be interpreted as a wedding (legally binding or not) could invalidate or seriously hamper your K-1 application. Play safe and leave the wedding ceremonies until after you've been granted the visa.


Our Full Timeline From K-1 Application through to Receiving my Green Card

Timeline Summary

11/30/2007 - I-751 Mailed to Nebraska

12/28/2007 - NOA Received (application has been forwarded to California)

01/09/2008 - Biometrics taken in St. Louis

03/27/2008 - I-751 Approved, 10 Yr Greencard in the mail !!

12/20/2016 - N-400 mailed to Phoenix lockbox

01/17/2017 - NOA Received

01/25/2017 - Attended biometrics in St. Louis

09/29/2017 - Received I-797C notice dated 09/27/17.  Interview Scheduled for November 6th @ 8am

11/06/2017 - N400 interview in St. Louis.  Approved !!:jest:

02/05/2018 - Notice of Oath Ceremony date received.  March 1st, 2018 @ 8.30am

 

"Though miles once lay between us, we were never far apart, for true love doesn't count the miles, it's measured by the heart"

Check out our website - "Our Journey Together"

View Our Online Photo Albums - "Mark and Debs' Webshots Albums"

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Russia
Timeline
Hello All,

I was hoping you fine folks could help out with something that I'm newly concerned about. I'm a US citizen and my fiancee is an Australian citizen and we've already submitted the petition for the K1 visa at the VSC (we waited a lot longer than we should have). We have already planned a wedding in Australia in November and I highly doubt that the K-1 visa for my fiancee would be granted by then. We're also planning an additional reception here in the US for my friends and family.

What concerns me is that, technically, we would already be married in Australia by the time my fiancee would be called in for the interview at the consulate there. Is this something I need to worry about? The original plan was to file for the K1 in advance, obtain the visa, have a ceremony in Australia for her family and friends, and then come back to the US for a court marriage and another reception for my family and friends.

Any advice would be greatly appreciated. Much thanks!

No, nothing to worry about. You getting married before completing the K-1 process properly will just get you a denial and go away from the consulate. Then you merely refile with a K-3 or CR-1 petition and go down that path. Very simple.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Russia
Timeline
As long as you don't file the paperwork to make you legally wed in that country, there shouldnt be an issue. I wouldnt get her to bring any pictures of it to the interview and makes sure she doesnt call you her husband or they will think you have married and make you start over on a K3.

What is described here is visa fraud. Not a problem, worst case if they find out is that she is banned for life. Not at issue; Australia is a nice place.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Philippines
Timeline
Hello All,

I was hoping you fine folks could help out with something that I'm newly concerned about. I'm a US citizen and my fiancee is an Australian citizen and we've already submitted the petition for the K1 visa at the VSC (we waited a lot longer than we should have). We have already planned a wedding in Australia in November and I highly doubt that the K-1 visa for my fiancee would be granted by then. We're also planning an additional reception here in the US for my friends and family.

What concerns me is that, technically, we would already be married in Australia by the time my fiancee would be called in for the interview at the consulate there. Is this something I need to worry about? The original plan was to file for the K1 in advance, obtain the visa, have a ceremony in Australia for her family and friends, and then come back to the US for a court marriage and another reception for my family and friends.

Any advice would be greatly appreciated. Much thanks!

do it the other way around... have just a "reception" in Australia and the legal marriage event in the USA...


YMMV

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Kenya
Timeline
You're applying for a Fiancee visa. Performing anything that could even be interpreted as a wedding (legally binding or not) could invalidate or seriously hamper your K-1 application. Play safe and leave the wedding ceremonies until after you've been granted the visa.

:thumbs:

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Australia
Timeline

Hey Smizzy

I am in the same predicement as you. My fianance is from NY and I am from Sydney Australia. We would like to have a wedding service here in Australia but understand that we need to marry in the US first.

We are planning on having a civil ceremony in the US first and then applying for advance paraole to have a wedding service here. I sort of feel that if we leave it to long it defeats the purpose of having a wedding here if too much time has lapsed so that is partly the reason we want to apply ASAP for an AP document.

Can anyone tell me if we are ok to do this?? Has anyone else done this? :blush:

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline
As long as you don't file the paperwork to make you legally wed in that country, there shouldnt be an issue. I wouldnt get her to bring any pictures of it to the interview and makes sure she doesnt call you her husband or they will think you have married and make you start over on a K3.

What is described here is visa fraud. Not a problem, worst case if they find out is that she is banned for life. Not at issue; Australia is a nice place.

Explain to me how exactly it is fraud to have a ceremony only with no legal contract for marriage that makes you legally married in that country? Lots of people on this board have done the same thing, ceremony/reception with NO marriage certificate, they file for marriage in the states. Re-read my statement before you try to tell me I am telling people to do things that are illegal.


~*~*~Steph and Wes~*~*~
Married: 2010-01-20

ROC: (for the complete timeline click on my timeline button, the signature was getting too long!)
I-751 Sent: 2015-05-22
NOA1 Notice Date: 2015-05-27
NOA1 Received: 2015-06-06
Biometrics Notice Date: 2015-06-27
Biometrics Date: 2015-07-17

Interview Notice Date: 2015-07-28

Interview Date: ​2015-09-01
Approval Date:
Approval Notice Date:


hdh1crofujrxk.png

Share this post


Link to post
Share on other sites
Hello All,

I was hoping you fine folks could help out with something that I'm newly concerned about. I'm a US citizen and my fiancee is an Australian citizen and we've already submitted the petition for the K1 visa at the VSC (we waited a lot longer than we should have). We have already planned a wedding in Australia in November and I highly doubt that the K-1 visa for my fiancee would be granted by then. We're also planning an additional reception here in the US for my friends and family.

What concerns me is that, technically, we would already be married in Australia by the time my fiancee would be called in for the interview at the consulate there. Is this something I need to worry about? The original plan was to file for the K1 in advance, obtain the visa, have a ceremony in Australia for her family and friends, and then come back to the US for a court marriage and another reception for my family and friends.

Any advice would be greatly appreciated. Much thanks!

do it the other way around... have just a "reception" in Australia and the legal marriage event in the USA...

:thumbs:


SA4userbar.jpg

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Scotland
Timeline
Hey Smizzy

I am in the same predicement as you. My fianance is from NY and I am from Sydney Australia. We would like to have a wedding service here in Australia but understand that we need to marry in the US first.

We are planning on having a civil ceremony in the US first and then applying for advance paraole to have a wedding service here. I sort of feel that if we leave it to long it defeats the purpose of having a wedding here if too much time has lapsed so that is partly the reason we want to apply ASAP for an AP document.

Can anyone tell me if we are ok to do this?? Has anyone else done this? :blush:

This is the path most K1's take although it would be considered renewing your vows. We always planned to renew our vows and do the whole big wedding in Scotland very soon :) .


29/06/2004 Met online

24/10/2004- Officially started dating!

-Various Trips Between the USA and Scotland-

25/12/2007- Steven Proposed, and gave me a lovely Ring!

29/02/2008- Sent I-129F to VSC

22/09/2008-1pm - Recieved Visa!

04/11/2008 -Steven comes back to Scotland for the Celebrations!

09/11/2008- We return home together!

23/01/2009- Wedding!!!

Your I-129f was approved in 108 days from your NOA1 date.

Preparing AOS Forms.

09/4/2009- Sent AOS

11/4/2009- Received and signed for

20/4/2009- Received NOA for AOS/EAD/AP (Dated April 17th)

20/4/2009- USCIS cashed check for $1010

09/5/2009- Biometrics

11/5/2009- Case transferred to CSC

05/6/2009- Received AP

09/6/2009- Received EAD

22/7/2009- Approved!

27/7/2009- Greencard in Hand

Removal of Conditions.

15/5/2011- Received @ VSC

23/5/2011-NOA1

12/07/2011- Biometrics

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...