Marriage possible?

[advocator 0]

I think I already know the answer to this question, but I figured I'd throw it out there just in case. If you are in the process of getting a K-1 visa, can you get married in the U.S. before it is approved even if your spouse then has to go to back to his home country til the visa is approved? I'm pretty sure the answer is no, but who applies for the K-3 visa if this isn't allowed? How did they get married before getting a visa? I'm still new to this, so please excuse my ignorance... Thanks for any advice!

[J&N* 68]

Technically, you can, no one can stop you from getting married, but visa wise, no, you can't, you go and get married after you get your K-1, if you get married, you won't qualify for a K-1. the K-3 is for married people, not engaged people (you apply later after you get married)

Edited October 14, 2010 by Junita

[EllaC 190]

I think I already know the answer to this question, but I figured I'd throw it out there just in case. If you are in the process of getting a K-1 visa, can you get married in the U.S. before it is approved even if your spouse then has to go to back to his home country til the visa is approved? I'm pretty sure the answer is no, but who applies for the K-3 visa if this isn't allowed? How did they get married before getting a visa? I'm still new to this, so please excuse my ignorance... Thanks for any advice!

You cannot get married in the U.S. while in the K-1 Fiancé(e) Process. The rules are loud and clear. The marriage will be in the U.S. AFTER the visa is issued, within 90 days of the alien fiancé(e)'s entry in the U.S. on a K-1 visa.

If you want to get married before, you should not enroll in the K-1 process. Choose K-3/CR-1, but you, as a USC, should get married in any country and AFTER THAT you can file the petition for your spouse. You have to decide first which way/process suits your needs the best. K-1 takes less time to process, but you cannot get married before the visa is issued, yada yada. Just read the guides, they're complete and pretty accurate. http://www.visajourney.com/content/guides Good luck in making your decision and good luck with the process!

Edited October 14, 2010 by Ella & Octav

[canadian_wife 1,791]

You can get married anytime you want. However, if you get married before the K-1 is issued, you no longer qualify for the K-1 and all your fees and wait times are lost. You'd have to reapply for a spousal visa

We got married in Canada and applied for a spousal visa

Many people get married in the US and return to their home countries to carry out the spousal visa process. The USC petitions for his/her spouse. But the K-3 is a dead visa, it is now the Cr-1

Good luck

Edited October 14, 2010 by canadian_wife

[Aztec&Taino 144]

I think I already know the answer to this question, but I figured I'd throw it out there just in case. If you are in the process of getting a K-1 visa, can you get married in the U.S. before it is approved even if your spouse then has to go to back to his home country til the visa is approved? I'm pretty sure the answer is no, but who applies for the K-3 visa if this isn't allowed? How did they get married before getting a visa? I'm still new to this, so please excuse my ignorance... Thanks for any advice!

You are right, the answer is NO.

If you do get married, then you will have wasted your time and money filing the I 129 F because then you would have to turn around and file the I 130 once you marry (more money spent and more wait!). You can have a non-legal ceremony, a party, in the US and call it your "wedding" as you wait for the K1 visa and process to go through though. Once you were able to get the K1 visa you would need to enter the US and legally marry within 90 days and then file the adjustment of statdus (AOS) paperwork.

Best wishes!

[Gary and Alla 3,694]

I think I already know the answer to this question, but I figured I'd throw it out there just in case. If you are in the process of getting a K-1 visa, can you get married in the U.S. before it is approved even if your spouse then has to go to back to his home country til the visa is approved? I'm pretty sure the answer is no, but who applies for the K-3 visa if this isn't allowed? How did they get married before getting a visa? I'm still new to this, so please excuse my ignorance... Thanks for any advice!

SURE! Then he has to go back and you have to file a new petition for your SPOUSE. Fiance visas are for FIANCE(e)s NOT for spouses. Marrying him before the visa automatically and completely KILLS the I-129f and requires you to file an I-130 for a CR-1.

You can get married here or there and then apply for a K-3 or CR-1 (CR-1 is much better) There is no requirement for a visa to GET MARRIED. A K-1 visa is required to enter the US, get married AND adjust status without leaving again. Otherwise he is free to come, get married and go home to wait for the visa to return as an immigrant.

[Gary and Alla 3,694]

You are right, the answer is NO.

If you do get married, then you will have wasted your time and money filing the I 129 F because then you would have to turn around and file the I 130 once you marry (more money spent and more wait!). You can have a non-legal ceremony, a party, in the US and call it your "wedding" as you wait for the K1 visa and process to go through though. Once you were able to get the K1 visa you would need to enter the US and legally marry within 90 days and then file the adjustment of statdus (AOS) paperwork.

Best wishes!

She is wrong. The answer is YES. The rest of your explanation is correct. Why would you answer that she CAN'T get married and then explain what to do if she DOES get married? No one prevents her from filing for a K-1 and then getting married and throwing away the time and money.

Her fiancee is from a VWP country and needs NO visa to enter the US and get married to her. Then she has to file for a spouse visa and he has to return and wait for that.

Consider all the visas, all the benefits and drawbacks of each and THEN decide which is best for you, file for it and stick with it. You can change horses in mid-stream if you want... all it takes is time and money.

[Aztec&Taino 144]

She is wrong. The answer is YES. The rest of your explanation is correct. Why would you answer that she CAN'T get married and then explain what to do if she DOES get married? No one prevents her from filing for a K-1 and then getting married and throwing away the time and money.

Her fiancee is from a VWP country and needs NO visa to enter the US and get married to her. Then she has to file for a spouse visa and he has to return and wait for that.

Consider all the visas, all the benefits and drawbacks of each and THEN decide which is best for you, file for it and stick with it. You can change horses in mid-stream if you want... all it takes is time and money.

Please read the original question posted:

"I think I already know the answer to this question, but I figured I'd throw it out there just in case. If you are in the process of getting a K-1 visa, can you get married in the U.S. before it is approved even if your spouse then has to go to back to his home country til the visa is approved? I'm pretty sure the answer is no, but who applies for the K-3 visa if this isn't allowed? How did they get married before getting a visa? I'm still new to this, so please excuse my ignorance... Thanks for any advice!"

It is clear that the fellow member asked this question thinking about continuing the K1 visa process. Of course, as I clearly explained, the member is able to change paths and may choose to get married before getting K1 visa or, as you say; "change horses in mid-stream."

[JimVaPhuong 4,863]

Please read the original question posted:

"I think I already know the answer to this question, but I figured I'd throw it out there just in case. If you are in the process of getting a K-1 visa, can you get married in the U.S. before it is approved even if your spouse then has to go to back to his home country til the visa is approved? I'm pretty sure the answer is no, but who applies for the K-3 visa if this isn't allowed? How did they get married before getting a visa? I'm still new to this, so please excuse my ignorance... Thanks for any advice!"

It is clear that the fellow member asked this question thinking about continuing the K1 visa process. Of course, as I clearly explained, the member is able to change paths and may choose to get married before getting K1 visa or, as you say; "change horses in mid-stream."

The answer is both "yes" and "no", because the question has two parts. You only highlighted the first part. Can they get married? Sure. Can they continue the K1 process if they do? No.

[AlinaH 38]

Lets not pick apart every answer. The OP wants to know if they can get married and continue with the K-1 Visa. Aztec said no. I'm pretty sure OP gets the picture.

[EllaC 190]

Hey... I'm just curious, is the K-3 visa still alive and available? Or just the CR-1?

[VanessaTony 3,567]

Hey... I'm just curious, is the K-3 visa still alive and available? Or just the CR-1?

You can still apply for it but they're typically approved at the same time and then the K3 is administratively closed.. so you can.. but it's pointless.

**Edit - In case my post is confusing, I mean: You can still do the petition for it, but once approved at NVC (together with CR-1) they will administratively close the K3 in favour of the CR-1. So as I stated, it's pointless. Otherwise yes, the paperwork to petition for it still exists, as does the guide on VJ.

Edited October 14, 2010 by Vanessa&Tony

[EllaC 190]

You can still apply for it but they're typically approved at the same time and then the K3 is administratively closed.. so you can.. but it's pointless.

Thanks, I was just asking. I'm in the K-1 process anyway.

[baron555 934]

I think I already know the answer to this question, but I figured I'd throw it out there just in case. If you are in the process of getting a K-1 visa, can you get married in the U.S. before it is approved even if your spouse then has to go to back to his home country til the visa is approved? I'm pretty sure the answer is no, but who applies for the K-3 visa if this isn't allowed? How did they get married before getting a visa? I'm still new to this, so please excuse my ignorance... Thanks for any advice!

The K-1 is for unmarried couples. They can get married at any time they want. If they marry before the K-1 visa is issued, then the K-1 petition becomes null and void. They then would have to go the CR-1 or K-3 route (or DCF).

[pushbrk 12,144]

You can still apply for it but they're typically approved at the same time and then the K3 is administratively closed.. so you can.. but it's pointless.

No you cannot apply for the K3 visa. You can file a useless i-129f PETITION for a spouse but NVC will close that petition prior to any opportunity to actually apply for the visa.

Filing a petition is not applying for a visa.