Married now - can I use K-1 visa still?

[naimath 0]

Hi was wondering, I went to india and got married, I have a marriage certificate. but i want to use K1 visa and bring my spouse over on a finance visa, can i still do that? Do they check if im married in India? let me know.

Edited May 8, 2010 by naimath

[Kookkai 0]

Hi was wondering, I went to india and got married, I have a marriage certificate. but i want to use K1 visa and bring my spouse over on a finance visa, can i still do that? Do they check if im married in India? let me know.

Hi, as same as my case, we would like to have a wedding in Thailand before we will have another one in USA but we couldn't do that cuz once you got married and have your marriage certificate you have to fill K3 Visa ( married visa ) instead then your K1 Visa will get refuse because you have filled the wrong application as they will check you marriage background as in Thailand I have to show them the unmarried Certificate to show them that I have never been married before.

[Kathryn41 3,205]

Split from the Pinned Topic "Discussion with VSC Director". The pinned topic is only for questions and answers from the VSC director and not for specific cases, thus these questions are now more likely to receive an answer.

[Deputy Purple 1,294]

If you do a religious ceremony that doesn't result in legal marriage then you'd be fine.

If you get legally married in India and enter on a K-1 then at AOS you will need to prove you married within the 90 day period so you'd have to do a second marriage in the US.

While this may work, technically that second marriage would be invalid and since it is what your AOS would be based on you'd be committing immigration fraud. If USCIS ever caught on then you're documents would be revoked and you face a lifetime ban for misrepresentation for the foreign spouse and prison time/ large fines for the USC.

I want to point out that even attempting this is illegal and ill advised.

[Hell0W0rld 10]

once you are married you can no longer use the K-1 because the K-1 is for single people that are engaged, once you are married you have to file for CR-1, since you didn't post your timeline i'm not sure how far along you are in the K-1 process, but if you are near getting the interview then you pretty much wasted your time and money, you'll have to pay again to start the CR-1 process..

[pushbrk 13,611]

Hi was wondering, I went to india and got married, I have a marriage certificate. but i want to use K1 visa and bring my spouse over on a finance visa, can i still do that? Do they check if im married in India? let me know.

Hell no!

Hi, as same as my case, we would like to have a wedding in Thailand before we will have another one in USA but we couldn't do that cuz once you got married and have your marriage certificate you have to fill K3 Visa ( married visa ) instead then your K1 Visa will get refuse because you have filled the wrong application as they will check you marriage background as in Thailand I have to show them the unmarried Certificate to show them that I have never been married before.

There really IS no K3 visa anymore for all practical purposes. CR1 is the viable spouse visa.

You can have as many ceremonies as you like but once you're married anywhere, you're married everywhere.

[Hell0W0rld 10]

once you are married you can no longer use the K-1 because the K-1 is for single people that are engaged, once you are married you have to file for CR-1, since you didn't post your timeline i'm not sure how far along you are in the K-1 process, but if you are near getting the interview then you pretty much wasted your time and money, you'll have to pay again to start the CR-1 process..

what I meant by single people is, people that are free to marry and that is not currently married.

[sachinky 465]

Religious weddings in India are deemed to be legal weddings, under Indian marriage laws.

So if you're married, you're married.

K-1s are for fiancees, not wives.

After you're married, you're eligible for a K-3.

[hobokenworkingman 4]

Hell no!

There really IS no K3 visa anymore for all practical purposes. CR1 is the viable spouse visa.

You can have as many ceremonies as you like but once you're married anywhere, you're married everywhere.

exactly. your safest choice now is the cr-1, since the K3 will no longer be processed, if both cr-1 and K3 apps are approved at the same time, which they pretty much have been for almost over a year now. i dont think there's any quick way to do this, UNLESS you present some sort of emergency case for expediting USCIS approval (like maybe a medical condition or something). You can ask to expedite the I-130 (which you'll be filing for the cr-1) based on that; otherwise you're looking at ~ 6-9 months from start to finish. I'm now of the opinion that the K3 just gets int he way and probably delays your I-130 (since both cases are tagged together); if no K3, then your I-130 app moves happily along w/o getting tagged/consolidated with the K3.

go for the cr-1 and just plan things out carefully. for example, if you apply now, then your estimated interview date will fall sometime next jan/feb. plan out 3-5 months for USCIS approval (although nowadays its done in 3 months - check all the immigration timelines). then 3 months at the NVC to interview...

[J&N* 68]

I know a couple who did that, they got the K-1 visa and got married in the beneficiary's country and got away with it, and another from the same country, got caught and the visa was revoked. I would never do that, why risk everything, commit a crime and wish for the best? You won't know how to sleep at night. Do everything legally and NO one can deny you the visa.