K1 Visa: Marrying outside U.S. once approved?

[dr_pepper 0]

Hello,

While I was always told to never count my chicks before they hatch, this is a serious issue and so I would like to find out as much as I can as soon as I can. I'm not even engaged yet and my boyfriend and I have only been together for two years; we're only 18. In any event, we're currently visiting for 3 months (thanks to a lucky break I got with my university) and if our relationship is strong enough to last until fall '12 when I visit again, we're considering then getting engaged and if/when I visit for the third or fourth time (after K1 approval), getting married.

We're both very young and inexperienced, I know. If you could spare me and take my question seriously I'd definitely appreciate it.

At this point, since we've obviously discussed it, we've both agreed (at least for now) that if our relationship lasts these tests of being apart for years at a time, we would want to get married in his home country. That said, the idea of getting married and then applying for a K3 visa isn't appealing to either of us. I, for one, would not at all feel comfortable ever marrying someone without knowing they then had full permission to migrate to the U.S. Not only that, but getting married and then having to spend more months-years apart until we gained K-3 approval would be horrible.

So, we're wondering if we can go through with the K1 process as described but, instead of coming to the U.S. once he gets approval to marry me, marrying in his country and then coming to the U.S. I know that everyday Americans get married in other countries all of the time and, when following procedure and filing the paperwork to ensure the U.S. recognizes the marriage, end up with few problems. Is this something we too could look into if/when the time comes?

Thanks a lot!

[sachinky 464]

A K-1 visa is for fiance(e)s. Once you're married, you're married and no longer a fiance. The K-1 visa's sole purpose to let the intending immigrant enter the U.S. and marry the USC petitioner in 90 days. Marriage outside the U.S. before entry voids the visa.

You could always have a small legal wedding in front of the justice of peace and then go back to your homeland to have a big ceremony.

If you do get married in Uganda, the CR-1 is the only option available to you at this point of time.

Edited March 20, 2010 by sachinky

[Travelbugs 3]

As I understand it, the K-1 is ONLY for non-married couples, meaning you won't be able to hold the K-1 visa, get married and then enter the US. But I might be wrong. Read through the K-1 information in this forum that is pinned at the top: I remember it saying that you must not be marry during the K-1 process.

I hope someone else can give you more detailed answers. Good luck to you two :-) I know it's hard being apart, but my fiance and I have been doing it for over 4 years now, and it's been working - with ups and downs, of course, a lot of tears but it makes you so much stronger as a couple. And in the end, it will have been worth it.

Edited March 20, 2010 by Travelbugs

[dr_pepper 0]

Thank you for the quick response. I'll look into that, then, and learn more about the CR-1.

Regarding your second suggestion, the problem there is the extra $1200-1700 required for airfare, which is about 1/3 of the amount I would ever spend on any wedding.

Thanks!!

[sachinky 464]

Before you proceed, I'd recommend you read both the guides for K-1 and CR-1. Compare the pros and cons and see what works out best for the both of you.

Like I said before though, marriage before U.S. entry voids the visa as a K-1 is solely reserved for fiances.

Good luck!

[Gary and Alla 3,694]

Hello,

While I was always told to never count my chicks before they hatch, this is a serious issue and so I would like to find out as much as I can as soon as I can. I'm not even engaged yet and my boyfriend and I have only been together for two years; we're only 18. In any event, we're currently visiting for 3 months (thanks to a lucky break I got with my university) and if our relationship is strong enough to last until fall '12 when I visit again, we're considering then getting engaged and if/when I visit for the third or fourth time (after K1 approval), getting married.

We're both very young and inexperienced, I know. If you could spare me and take my question seriously I'd definitely appreciate it.

At this point, since we've obviously discussed it, we've both agreed (at least for now) that if our relationship lasts these tests of being apart for years at a time, we would want to get married in his home country. That said, the idea of getting married and then applying for a K3 visa isn't appealing to either of us. I, for one, would not at all feel comfortable ever marrying someone without knowing they then had full permission to migrate to the U.S. Not only that, but getting married and then having to spend more months-years apart until we gained K-3 approval would be horrible.

So, we're wondering if we can go through with the K1 process as described but, instead of coming to the U.S. once he gets approval to marry me, marrying in his country and then coming to the U.S. I know that everyday Americans get married in other countries all of the time and, when following procedure and filing the paperwork to ensure the U.S. recognizes the marriage, end up with few problems. Is this something we too could look into if/when the time comes?

Thanks a lot!

A K-1 is not "APPROVAL TO MARRY YOU" He does not need approval to marry you from the governemnt. He needs approval to enter the USA, marry you and apply for a green card. You can marry him today, or maybe tomorrow, depends how long it takes you to travel there.

That said, you are young and inexperienced. Read the guides.

YES, you absolutely can marry him outside the USA after he gets his K-1 visa. Then throw away the K-1 and start over by filing for a spousal visa. A K-1 is a finace(e) visa for fiance(e)s, it is not for boyfriends or husbands. K-1s have cerain advantages and isadvantages when compared to other types of visas (CR-1 for example) Do not make a choice until you understand all about each one and decide what is best in your situation, it is not the same for everyone.

[alex and astrid 38]

Hello,

While I was always told to never count my chicks before they hatch, this is a serious issue and so I would like to find out as much as I can as soon as I can. I'm not even engaged yet and my boyfriend and I have only been together for two years; we're only 18. In any event, we're currently visiting for 3 months (thanks to a lucky break I got with my university) and if our relationship is strong enough to last until fall '12 when I visit again, we're considering then getting engaged and if/when I visit for the third or fourth time (after K1 approval), getting married.

We're both very young and inexperienced, I know. If you could spare me and take my question seriously I'd definitely appreciate it.

At this point, since we've obviously discussed it, we've both agreed (at least for now) that if our relationship lasts these tests of being apart for years at a time, we would want to get married in his home country. That said, the idea of getting married and then applying for a K3 visa isn't appealing to either of us. I, for one, would not at all feel comfortable ever marrying someone without knowing they then had full permission to migrate to the U.S. Not only that, but getting married and then having to spend more months-years apart until we gained K-3 approval would be horrible.

So, we're wondering if we can go through with the K1 process as described but, instead of coming to the U.S. once he gets approval to marry me, marrying in his country and then coming to the U.S. I know that everyday Americans get married in other countries all of the time and, when following procedure and filing the paperwork to ensure the U.S. recognizes the marriage, end up with few problems. Is this something we too could look into if/when the time comes?

Thanks a lot!

[alex and astrid 38]

Sorry, the editor died on me!

First of all, the K3 visa is being phased out, instead you would be going for a CR1 visa, which means once the visa is in your spouses hand and they enter the United States, they have an automatic green card and there is no need to Adjust Status like a K1 would. A big positive, in my opinion, because Adjusting Status costs a lot of money and involves a lot of waiting around, unable to work or anything like that.

Like many other people have mentioned, you cannot secure a K1 visa and then get married. However, what many people do on the K1 is get married at the local courthouse to make everything legal, file for Adjustment of Status, and once they have money saved or their green card, have a 'proper' wedding in the US, or go back to the home country and have one their.

Unfortunately, going through the process of immigration is not a comfortable experience. Regardless of what visa path you take, there is a lot of waiting involved while being apart. You have to give up a lot of information about yourselves and you relationship to convince both USCIS and the Consulate that your relationship is legitimate. You have to part with some serious cash. You, as the US Citizen, have to prove that you have make enough money to provide for your future spouse, and if not, have a family member co-sponsor them also. As you said, you don't feel comfortable marrying someone without knowing they will be granted entry into the United States. That is a feeling you are going to have to get over, because every single one of us has had to deal with that.

For my husband and I, the K1 was the best route for us. We have been dating since I was 18, and did long distance for a long time. I did live with him for over two years on a student visa, so we could have married before I left last June and filed for a CR1, but we didn't want to elope and I wanted a 'proper' wedding. It does involve spending more money overall, but since we could afford to, we went for it. Here we are happily married.

Like you said, you are young, and by the looks of it, you have a few years before making a decision. My advice is to both start saving money now. Start gathering evidence now - keeping plane tickets, saving chat logs, letters sent to each other, photos together, anything you can think of that will prove that you are a couple and intend to marry. The more you have, the more you help eiminate the risk of denial. Read this website until you can't take it any more. The tabs along the top of this site have all the information you need. There are forums on here that relate to specific areas of the world, read them too so you know what you have to deal with relating to Uganda. And ask questions! We are more than happy to answer them.

[VanessaTony 3,567]

So, we're wondering if we can go through with the K1 process as described but, instead of coming to the U.S. once he gets approval to marry me, marrying in his country and then coming to the U.S. I know that everyday Americans get married in other countries all of the time and, when following procedure and filing the paperwork to ensure the U.S. recognizes the marriage, end up with few problems. Is this something we too could look into if/when the time comes?

Easy answer, no. The K1 visa means moving to the US and getting married IN the US in the 90 days after entry on the K1 and then applying for adjustment of status (AOS) in order to get the greencard. Your "everyday Americans" either went through the visa process with foreign spouses, or had other "everyday American" spouses where registering an overseas marriage wasn't an issue. If you get married prior to entry, the K1 is dead. If you get married in the US and then leave the US before getting the greencard (and without an AP document) then he isn't able to get a greencard and will need a spousal visa to re-enter.

The CR-1 is a superior visa in that on arrival he will get an immediate greencard.

As Astrid said you have plenty of time to prove the strength of your relationship, and to ensure that you earn enough money to qualify (currently it's $18,212 per year per for a 2 person household) so this will lower your risk of denial.

In either event (K1 or CR-1) neither visa process is simple or "pleasant". You need to decide that if it's rejected, will you move there? My husband would have come here if I couldn't make it there (luckily this wasn't an issue). It's a very hard and long process and you need to be 100% committed because it's likely that you'll encounter a mishap here and there (and RFE, or something else to slow you down), you may get a denial and need to re-file, or appeal. You need to be prepared to FIGHT for the one you love and have the patience to go through it all "just in case".

Good on you for not rushing into it and taking the time now to be informed and reading up on the processes. Please bear in mind that over time things will change so the things you learn now might be different a few years from now so you will need to keep up to date with information/procedures etc so keep this website in mind. Most of all, enjoy your relationship and don't put this pressure on yourself, cross the immigration bridge when you get to it. Just know it IS possible when the time comes.

Best of luck

Edited March 21, 2010 by Vanessa&Tony

[Rebecca Jo 1,962]

A K-1 is not "APPROVAL TO MARRY YOU" He does not need approval to marry you from the governemnt. He needs approval to enter the USA, marry you and apply for a green card. You can marry him today, or maybe tomorrow, depends how long it takes you to travel there.

That said, you are young and inexperienced. Read the guides.

YES, you absolutely can marry him outside the USA after he gets his K-1 visa. Then throw away the K-1 and start over by filing for a spousal visa. A K-1 is a finace(e) visa for fiance(e)s, it is not for boyfriends or husbands. K-1s have cerain advantages and isadvantages when compared to other types of visas (CR-1 for example) Do not make a choice until you understand all about each one and decide what is best in your situation, it is not the same for everyone.

It isn't?

Pray tell me then what other reason the visa is issued for?

[deleted 0]

Hi Dr. Pepper: I hope you are managing well under the stress of all these replies, some of them not so nice, huh?

My fiance and I will be getting married out of the country. We are both Catholic and when he arrives with his K-1 Visa this summer, we will get married in jeans and t-shirts in front of a judge just to satisfy the legal requirements. We may not even tell anyone about this. My family is from the Caribbean, and my parents are planning a huge wedding in their country for my fiance and me next Spring. We're confident that by that time, he will have restrictions removed and he will be able to travel in and out of the country.

Being young has little to do with inexperience here. All you have to do is do the research and you'll be just fine. Good luck!

Edited March 21, 2010 by Sicaria

[pushbrk 12,113]

Hi Dr. Pepper: I hope you are managing well under the stress of all these replies, some of them not so nice, huh?

My fiance and I will be getting married out of the country. We are both Catholic and when he arrives with his K-1 Visa this summer, we will get married in jeans and t-shirts in front of a judge just to satisfy the legal requirements. We may not even tell anyone about this. My family is from the Caribbean, and my parents are planning a huge wedding in their country for my fiance and me next Spring. We're confident that by that time, he will have restrictions removed and he will be able to travel in and out of the country.

Being young has little to do with inexperience here. All you have to do is do the research and you'll be just fine. Good luck!

Having a wedding ceremony when already married is not "marrying". Married is married. Sounds like you're having a ceremony and party outside the USA AFTER you marry IN the USA.

[alex and astrid 38]

Having a wedding ceremony when already married is not "marrying". Married is married. Sounds like you're having a ceremony and party outside the USA AFTER you marry IN the USA.

True, it's not another "marriage" but people renew their vows all the time. To them, their marriage is the first ceremony, but their wedding will be the second one.

[deleted 0]

Sorry about this, Dr. Pepper, this comment is not meant for you: I thought it was obvious when I said we are are Catholics. To Catholics, a wedding does not mean marriage unless it is done by a Catholic priest in the Catholic church. The Church does not recognize beach weddings or weddings overseen by a notary or justice of the peace. We will have a civil ceremony within 90 days to satisfy legal requirements. We will not be truly married -- to us, to the Church and to our family -- until performed by a Catholic priest. Marriage is the only place were Church and State are not separated in the eyes of the State; the State legally recognizes ceremonies performed in the Church, however, the Church does not recognize ceremonies performed by the State.

This is completely off Dr. Pepper's topic and I apologize.

[VanessaTony 3,567]

Hi Dr. Pepper: I hope you are managing well under the stress of all these replies, some of them not so nice, huh?

My fiance and I will be getting married out of the country. We are both Catholic and when he arrives with his K-1 Visa this summer, we will get married in jeans and t-shirts in front of a judge just to satisfy the legal requirements. We may not even tell anyone about this. My family is from the Caribbean, and my parents are planning a huge wedding in their country for my fiance and me next Spring. We're confident that by that time, he will have restrictions removed and he will be able to travel in and out of the country.

Being young has little to do with inexperience here. All you have to do is do the research and you'll be just fine. Good luck!

You are confusing the matter. You are not getting MARRIED outside of the country. You are having a religious ceremony after the OFFICIAL and legally binding wedding ceremony IN the USA. This is a very important distinction given the OP's question.

It is perfectly fine to do it this way, in fact several people do but you must be aware that first the legal part MUST be done in the US, and then if you wish to celebrate it in your home country, or have a big party later (some people prefer this rather than worry about planning their dream wedding in 90 days or planning from overseas) that's completely fine BUT the rules of the K1 state you MUST be legally married IN the US in the 90 days after entering on a K1 visa.

The PP does offer you a good solution though... bearing in mind that if you get legally married on day 1, and then file AOS, you are looking at getting the greencard 3 months later. You can leave on the AP document (if you file for one) but you may still need to attend an interview and fly back to the US on short notice to do so (as rescheduling the interview should be avoided at all costs).

Being separated after being married isn't really ideal, but it does offer other benefits such as your husband being able to work at home until he gets his visa, and immediately being able to work, and get a drivers licence etc on entering the US. Whereas a fiance visa means he cannot work until his EAD or GC are approved, which can take around 3 months (sometimes longer but rarely). It also means that you are able to start changing your name over on things and continue to work and save money until his arrival. It doesn't mean you cannot visit each other, and it should make you going to him a lot easier if you show proof of his intent to immigrate to the US at his countries border, proving you wouldn't want to overstay in his country when he's coming to you.

Edited March 21, 2010 by Vanessa&Tony