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

[lucyrich 20]

A K-1 is not "APPROVAL TO MARRY YOU" He does not need approval to marry you from the government. 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.

It isn't?

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

As Gary and Alla said, the visa is issued only for the purpose of entering the US legally.

A couple can marry without a visa. Most couples do marry without a visa. They can marry abroad, or they can even marry inside the US. True, for some couples, getting INTO the US without a visa could present a problem, and in some cases might or might not involve breaking a law or two that might or might not cause serious immigration difficulties, but it wouldn't cause difficulties in getting married.

[pushbrk 12,285]

As Gary and Alla said, the visa is issued only for the purpose of entering the US legally.

A couple can marry without a visa. Most couples do marry without a visa. They can marry abroad, or they can even marry inside the US. True, for some couples, getting INTO the US without a visa could present a problem, and in some cases might or might not involve breaking a law or two that might or might not cause serious immigration difficulties, but it wouldn't cause difficulties in getting married.

Great explanation. On a more basic note, "visas" are for entering countries. Citizens of some countries don't need visas to enter the USA. If you are in the USA legally or not, permission to marry requires a marriage license issued by a State, usually through a County officer. If you can properly identify yourself and are otherwise free to marry, you can obtain the license and marry.

The K1 visa is a specific kind of visa used to not only enter the USA but after entry and marriage, the foreigner is provided a legal path to

People here illegally, who entered on the Visa Waiver Program or on visitor visas are all equally eligible for marriage but are NOT provided with a legal path to apply for and receive "legal permanent resident" status as the K1 visa holder is.

Edited March 21, 2010 by pushbrk

[VanessaTony 3,567]

The K1 visa is a specific kind of visa used to not only enter the USA but after entry and marriage, the foreigner is provided a legal path to

As the above does not explain what the K1 is a legal path to (as the sentence is incomplete), I will explain further.

The K1, as stated, is not a "marriage visa". It is pretty much an entry visa BUT the bonus of getting the K1 as opposed to visitors visa is that the K1 is a stepping stone to getting a greencard whereas a regular visitors visa is not meant to work that way. The K1 allows you to enter with immigration intent whereas a visitors visa will get you stopped at the border if you said you were there to marry a USC and stay in the US forever.

You don't need permission to marry anyone (within reason, such as age etc) and this visa doesn't give you that permission, it DOES however give your fiance the chance to enter your country TO marry you with the INTENT to stay here and obtain a greencard.

You can always marry in another country, and live in separate countries, or move to his country or a third country. The fiance visa is an immigration visa more or less with the legal requirement of marrying the USC that asked the government to let you move here. They've given their okay for you to live here, as long as you marry that person. It's that simple really.

Edited March 22, 2010 by Vanessa&Tony

[Rebecca Jo 1,962]

As Gary and Alla said, the visa is issued only for the purpose of entering the US legally.

A couple can marry without a visa. Most couples do marry without a visa. They can marry abroad, or they can even marry inside the US. True, for some couples, getting INTO the US without a visa could present a problem, and in some cases might or might not involve breaking a law or two that might or might not cause serious immigration difficulties, but it wouldn't cause difficulties in getting married.

True on all that.

But the alien wouldn't be entering the US if there wasn't an intended marriage.

People here illegally, who entered on the Visa Waiver Program or on visitor visas are all equally eligible for marriage but are NOT provided with a legal path to apply for and receive "legal permanent resident" status as the K1 visa holder is.

They aren't?

You don't need permission to marry anyone (within reason, such as age etc) and this visa doesn't give you that permission, it DOES however give your fiance the chance to enter your country TO marry you with the INTENT to stay here and obtain a greencard.

What is the difference?

It's all swings and roundabouts.

Edited March 22, 2010 by JohnnyQuest

[Bernie C 24]

My 2 cents.

If you apply for and are approved for a I129F petition for fiancee, you cannot then get "legally" married outside the US without voiding the petition.

You may however go through the steps without registering the marriage and still have a valid fiancee petition depending on what constitutes a "legal" marriage in your country.

We had a traditional Vietnamese wedding ceremony in Vietnam but did not register our marriage. We even used the wedding photos as proof of relationship in our petition and at the interview. I did however divulge and explain why, when, and where in a letter in our initial I129F petition.

We had no problems whatsoever in obtaining approval for our petition or K-1 visa.

I'm not saying this will work for everyone but it worked fine for us, and to be able to do this so her family, relatives and friends could participate was wonderful.

We are now here together in the US and our wedding date here is set for March 31

What you do is ultimatley up to you, just do your homework and understand what potential issues may come up and be prepared to deal with them.

What we did may not be the safest route to go as it is what is perceived in the eyes of the CO but I am glad we did it this way and will have the memories of her family and friends being part of it always and forever.

[HI-UG 4]

If you apply for and are approved for a I129F petition for fiancee, you cannot then get "legally" married outside the US without voiding the petition.

You may however go through the steps without registering the marriage and still have a valid fiancee petition depending on what constitutes a "legal" marriage in your country.

We had a traditional Vietnamese wedding ceremony in Vietnam but did not register our marriage. We even used the wedding photos as proof of relationship in our petition and at the interview. I did however divulge and explain why, when, and where in a letter in our initial I129F petition.

This is pretty much what we will probably wind up doing, except that we already had DHS approval, then we ran into a 2-month delay at the pre-interview medical exam, but had made wedding plans for a week and a half later for a huge traditional cultural "giving away of the bride" ceremony, and a couple days after that, a religious ceremony with a priest and a small number of family and friends. Somebody mentioned Catholics not recognizing "legal" weddings - well, Anglicans in Uganda are the same way. And woe be unto he who tries to marry a Ugandan girl without going through the appropriate cultural and religious steps!

So she will probably tell the Embassy up front that we had the ceremony required by her culture, and the ceremony required by her religion, but have not had the legal ceremony required by his country, and that we plan to do so within 90 days of her arriving in the US.

[pushbrk 12,285]

It isn't?

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

The K1 is issued as approval to "enter the USA for 90 days" for the purpose of marrying the petitioner in the USA during the 90 days and also provides the basis for adjusting status to permanent resident provided the terms of the visa are complied with. Visas are used to "enter" countries.

It is definitely not "approval to marry" and no such approval is needed from USCIS or the US Dept. of State. (The US Government agencies associated with obtaining a K1 visa)

Approval (license) to marry is obtained a local government authority in the USA AFTER and only AFTER the K1 visa holder enters the USA. Approval to marry in any other country is obtained through a government agency in that country. Visas are used to "enter" countries. Visas are not required for marriage in the USA, as long as you are already here. It happens all the time.

[inpitb 3]

Would it be possible to hold a ceremony only without filing any paperwork? That way you would not be leagly married. Then enter the US on the K1 and file for marriage at the courthouse.

I don't think it matters where the ceremony takes place, only where you file the paperwork and get the certificate issued.

I could be wrong, but I think it may be possible.

It may also be culture dependent. I know that in Japan I can hold a ceremony without filing any paperwork, and as such would not be legaly married. Likewise, I can file the paperwork without a ceremony and be consider legaly married.

In other cultures just the meeting of the two families can be considered a legal marriage.

Edited August 26, 2010 by inpitb

[corazónENparaguay 46]

I asked our consulate whether a church wedding ceremony would be viewed as a "legal" marriage prior to entering the US on a K-1 visa, and in our case, it would not be considered a "legal" marriage. Therefore, we are free to have a church wedding ceremony before my fiancée enters the US on her K-1 visa. Just throwing that out there for those who haven't considered contacting the consulate with specific questions.

[Rebecca Jo 1,962]

The K1 is issued as approval to "enter the USA for 90 days" for the purpose of marrying the petitioner in the USA during the 90 days and also provides the basis for adjusting status to permanent resident provided the terms of the visa are complied with. Visas are used to "enter" countries.

It is definitely not "approval to marry" and no such approval is needed from USCIS or the US Dept. of State. (The US Government agencies associated with obtaining a K1 visa)

Approval (license) to marry is obtained a local government authority in the USA AFTER and only AFTER the K1 visa holder enters the USA. Approval to marry in any other country is obtained through a government agency in that country. Visas are used to "enter" countries. Visas are not required for marriage in the USA, as long as you are already here. It happens all the time.

I know you really want to be right. It's important to your revenue stream.

For whatever it's worth, IMO, the statement "approval to marry you" isn't wrong in the context of issuance of a K1 visa. Such a visa wouldn't be issued if a marriage wasn't planned. We all know a K1 entrant can only adjust status to permanent resident based upon marriage to their K1 petitioner. They can't marry someone else and become a legal resident.

There are times when it's important to nit-pick about terminology in this process. This isn't one of them. From a wholesale standpoint, when a K1 visa is issued, USCIS has essentially given it's permission for a specific alien to marry a specific US citizen.

And that's all I have to say about it.

[Ryan H 3,798]

It may also be culture dependent. I know that in Japan I can hold a ceremony without filing any paperwork, and as such would not be legaly married. Likewise, I can file the paperwork without a ceremony and be consider legaly married.

In other cultures just the meeting of the two families can be considered a legal marriage.

This is an important thing to determine, what actions in which countries constitute a legal marriage by law.

[JimVaPhuong 4,863]

There are times when it's important to nit-pick about terminology in this process. This isn't one of them. From a wholesale standpoint, when a K1 visa is issued, USCIS has essentially given it's permission for a specific alien to marry a specific US citizen.

As long as we're nitpicking the point...

USCIS doesn't issue K1 visas - US consulates do. When a K1 petition is approved, USCIS has granted the US citizen petitioner's request to allow his/her foreign fiancee to apply for a visa. When a K1 visa is approved, the US consulate has given permission for the foreign fiancee to enter the US, with the stipulation that they may adjust status and become a permanent resident if they marry the petitioner within 90 days of entry. They are giving permission for the foreign fiancee to receive an immigration benefit if they comply with the terms of the visa - they aren't giving permission to marry. That would be a violation of State's rights. The Constitution doesn't grant the federal government the authority to regulate marriage.

[Rebecca Jo 1,962]

Well, you've got me on the USCIS bit, that's for sure!

[sonu143 1]

I asked our consulate whether a church wedding ceremony would be viewed as a "legal" marriage prior to entering the US on a K-1 visa, and in our case, it would not be considered a "legal" marriage. Therefore, we are free to have a church wedding ceremony before my fiancée enters the US on her K-1 visa. Just throwing that out there for those who haven't considered contacting the consulate with specific questions.

Hello Sir,

Thank you for your kind reply on this topic. I was little bit worried as i am planning to do the same. Traditional marriage in home country and then travel to States. I have heard different stories that at POE they might deny your entry if they find out anything about traditonal marriage too? is that correct?

SOnu