Marrying outside US but still coming in K-1 Visa - Possible?

[john_and_marlene 162]

2 or 3 years ago, there was a couple in the news that did just this. She was from Japan. They got the K-1, but decided to get married before they came to the U.S. She was charged with immigration fraud and now has a permanent ban from ever coming back to the U.S. The couple appealed to their congressmen and cried to the news agencies, but to no avail.

[LaL 418]

2 or 3 years ago, there was a couple in the news that did just this. She was from Japan. They got the K-1, but decided to get married before they came to the U.S. She was charged with immigration fraud and now has a permanent ban from ever coming back to the U.S. The couple appealed to their congressmen and cried to the news agencies, but to no avail.

It wasn't permanent, and their waiver was approved.

[christeen 966]

2 or 3 years ago, there was a couple in the news that did just this. She was from Japan. They got the K-1, but decided to get married before they came to the U.S. She was charged with immigration fraud and now has a permanent ban from ever coming back to the U.S. The couple appealed to their congressmen and cried to the news agencies, but to no avail.

It wasn't permanent, and their waiver was approved.

But WOW!!! What a nightmare... I would suggest either you bring her over on the K-1 Visa, get married and after Advance Parole or GC is granted, that you plan to go back and have a ceremony over there...

otherwise, you can get married and start over with the CR1

[Usui Takumi 1,562]

In their situation didn't someone see wedding photos or something?

For the OP if you find that a ceremony in india is not legal marriage and still use the K1, whatever you do NEVER SHOW USCIS ANY PHOTOS RELATING TO THE INDIAN CEREMONY!!!! They may jump to conclusions.

Edited December 3, 2009 by Sousuke

[berna 0]

if you will get married in your fiance's home country, forget about the K1 visa, after the marriage proceed of getting her a CR-1 visa, because it doesnt cost you much and less hassle, but make sure you have enough income to meet the poverty guidelines.

[celiothrkn 0]

I am a US citizen and my fiance isn't. I have applied for K-1 Fiance visa. Her family wants the wedding to take place in their home country. If we get married in her home country can I still bring her to the US under K-1 Fiance visa without doing the paperwork for a marriage certificate in her home country?

If you hold a wedding banquet in your fiance's home country and do not register your marriage with the authorities, then legally you are not married because you two do not have a marriage certificate. But if you think about it, it would be more of an engagement party than a wedding banquet...

[toma1 10]

I am a US citizen and my fiance isn't. I have applied for K-1 Fiance visa. Her family wants the wedding to take place in their home country. If we get married in her home country can I still bring her to the US under K-1 Fiance visa without doing the paperwork for a marriage certificate in her home country?

If you hold a wedding banquet in your fiance's home country and do not register your marriage with the authorities, then legally you are not married because you two do not have a marriage certificate. But if you think about it, it would be more of an engagement party than a wedding banquet...

Yep! Thats what a lot of people in Thailand do. A lot of "proper" Thai parents won't let the girl leave the country 'til she's married in a Buddhist ceremony. (But they don't care if it's legal or not.) Fourtunatly, the USCIS ONLY cares if it is legal or not.

If possible, have a religious wedding in India, DO NOT register, and DO NOT bring photos of the ceremony to the visa interview.

[Nik+Heather 122]

I am a US citizen and my fiance isn't. I have applied for K-1 Fiance visa. Her family wants the wedding to take place in their home country. If we get married in her home country can I still bring her to the US under K-1 Fiance visa without doing the paperwork for a marriage certificate in her home country?

If you hold a wedding banquet in your fiance's home country and do not register your marriage with the authorities, then legally you are not married because you two do not have a marriage certificate. But if you think about it, it would be more of an engagement party than a wedding banquet...

Yep! Thats what a lot of people in Thailand do. A lot of "proper" Thai parents won't let the girl leave the country 'til she's married in a Buddhist ceremony. (But they don't care if it's legal or not.) Fourtunatly, the USCIS ONLY cares if it is legal or not.

If possible, have a religious wedding in India, DO NOT register, and DO NOT bring photos of the ceremony to the visa interview.

I agree - if you have a non legal purely religious or ceremonial wedding, you are not committing fraud. But, as others have cautioned, it opens up a lot of pit falls which can be quite cumbersome to overcome. Be educated and careful, and you can do as you plan.

[JD63 4]

I may be mistaken, but often Indian religious ceremonies are recognized as a legal wedding by the state, unlike Thailand where legal marriage requires registration at the amphur. I would double check with that regional thread.

[sachinky 465]

A religious wedding in India is considered to be a legal marriage. So you can go to a temple in front a priest and exchange garlands and sindoor and you are married. No court in India will overturn it. However, the Supreme Court of India has recently ruled that all couples should have their marriages registered under the appropriate district authorities. My aunt and uncle have been married for 25 years and they didn't have a marriage certificate until recently after the directive was passed.

Edited December 5, 2009 by sachinky