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BrandonJ

Marriage before K1 visa approval!

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Hello fellow visa applicants,

My fiance (us citizen) and myself (uk citizen) are in the process of applying for our K1 visa. Once we are married, I will be moving to the states.

We were planning on getting married in September this year, however due to the processing times, its highly unlikely we will have approval by then. Our plan was to get married in september and then I will return to the UK and wait until the K1 visa is approved.

Is this legal, or will it jeopardise our K1 visa application?

Your opinions and thoughts are greatly appreciated.

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Filed: Citizen (pnd) Country: England
Timeline

I am not sure, but if you want to get married before the visa you need to apply for a K3 visa not a K1.


Pete (UK) & Sue (US)

2006

June 19: Filed for K-1 Visa

2007

Feb 8: Received K-1 Visa

April 27: Married!!

May 4: AOS & EAD sent off.

July 28: EAD Card Arrives in Mail!

Aug 23: AOS Interview! APPROVED!!

Aug 30: Welcome to America! letter arrived.

Sept 7: Greencard arrived in the mail!

2009

May: Received Notice about Greencard Expiration end of August

July 15: Sent packet in mail!! (FINALLY!!)

July 16: Packet arrives @ CSC 10:52am Signed by V. Semegi

July 24: Received NOA (posted 7/21)

July 30: Received Bio Appt Letter in Mail

August 20 @ 2pm: Biometrics Appt. –

Sept 12: Approved!! Should be getting card within 60 days..

2011

April 22: Mailing N400 Citizenship packet to Phoenix AZ! (about time!)

April 25 10:37am Phoenix USCIS Lockbox. Signed for by F DOMINGUEZ

April 28 NOA (received in mail May 2)

June 7 Biometrics Appt

July 26 8:10am Interview/Test APPROVED!

Jul 26 Oath Ceremony! Pete is now a US Citizen!

ficFm7.png

event.png

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Filed: Citizen (apr) Country: Argentina
Timeline

Hello fellow visa applicants,

My fiance (us citizen) and myself (uk citizen) are in the process of applying for our K1 visa. Once we are married, I will be moving to the states.

We were planning on getting married in September this year, however due to the processing times, its highly unlikely we will have approval by then. Our plan was to get married in september and then I will return to the UK and wait until the K1 visa is approved.

Is this legal, or will it jeopardise our K1 visa application?

Your opinions and thoughts are greatly appreciated.

you can't. the K1 is to grant legal entry to the country and marry within 90 days. You have to have the visa approved, then enter and then marry.

How do you plan to enter then the US? it makes no sense to have filed for the K1.

Maybe you didn't understand what was the K1 for? It's for marrying in the US and AOS in the US once you're married.

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Filed: AOS (apr) Country: Denmark
Timeline

At POE on a K1 the petitoner is supposed to be free to marry. If you are married before you don't live up to the requirement regardless of the situation. At the embassy interview things will get more complicated if they're not just going to deny you flat out because of you being married already.

If it's about saving time I'd suggest you either withdraw the I-129F, get married and file for spouse visa or delay the wedding a wee bit until you have the K1 visa in hand. I'm personally fond of option number two since you already have your petition at a service center.


K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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Filed: IR-1/CR-1 Visa Country: Romania
Timeline

Hello fellow visa applicants,

My fiance (us citizen) and myself (uk citizen) are in the process of applying for our K1 visa. Once we are married, I will be moving to the states.

We were planning on getting married in September this year, however due to the processing times, its highly unlikely we will have approval by then. Our plan was to get married in september and then I will return to the UK and wait until the K1 visa is approved.

Is this legal, or will it jeopardise our K1 visa application?

Your opinions and thoughts are greatly appreciated.

K1 - it's a financee visa after you got married you no longer apply for K1, but for K3 or CR1

Hope this helps!


USCIS journey:

02/11/2010 - got married

06/28/2010 - sent I-130

06/29/2010 - received by uscis

07/06/2010 - notice NOA1

07/08/2010 - updated

07/10/2010 - got NOA1 hard copy in the mail

11/01/2010 - moved from CSC to TSC

11/02/2010 - updated

11/03/2010 - updated

11/23/2010 - updated (post decision activity)

02/09/2011 - notification moved from TSC (back to initial review :o )

02/10/2011 - confirmation TSC back to CSC!

02/16/2011 - APROVED!!!!!

NVC journey:

02/25/2011 - we're IN :)) case # Emailed DS 3032. Paid AOS Fee.

03/01/2011 - DS 3032 approved (confirmation by email)

03/02/2011 - AOS shows paied -> AOS packet mailed out

03/04/2011 - AOS received

03/07/2011 - IV generated & paid

03/09/2011 - IV paid! mailed out->

03/14/2011 - IV received

03/31/2011 - Case complete @ NVC!!!

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Filed: K-1 Visa Country: Canada
Timeline

Just as a special note too, the K3 is not an option anymore.

For how you'd like to proceed through this relocation process, it sounds like the IR1/CR1 visa (a spouse visa) is more applicable to you. As everyone else has said, you may not apply for K1, marry, and then wait to receive the K1, and then enter the US. The K1 allows fiance(e)s of US citizens to enter the US, marry and stay legally. The IR1/CR1 visa does the same, except it allows a spouse of a US citizen to enter the US and stay.


April, 2009 - We met

May, 2009 - We wooed

June, 2010 - We got engaged, looking forward to a small August 2010 wedding

** Reality Check: K-1 Process**

July 22, 2010 - NOA1

**5 months of patient waiting**

December 29, 2011 - call around for information about delay

January 5, 2011 - RFE notice (first online status update yet!)

January 10, 2011 - RFE Hardcopy

January 13, 2011 - RFE Response acknowledged

January 24, 2011 - NOA2 (at last!!)

February 3, 2011 - application sent from NVC to Montreal (aka. the Abyss?)

March 7, 2011 - Packet 3 sent to me

March 10, 2011 - Packet 3 delivered to Montreal

March 21, 2011 - Packet 4 sent to me

April 5, 2011 - Medical

April 13, 2011 - Interview - approved!

April 20, 2011 - visa in hand

May 9, 2011 - POE (Buffalo, NY)

May 10, 2011 - wedding :)

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Filed: Lift. Cond. (apr) Country: China
Timeline

My fiance (us citizen) and myself (uk citizen) are in the process of applying for our K1 visa. Once we are married, I will be moving to the states.

If a petition for a K1 is already pending, DO NOT get married until AFTER you enter the the US. Otherwise, the K1 visa will be null and void.

Furthermore, if you were to get married before your approval of the petition or issuance of a K1, it would be necessary to refile a petition for a CR-1. Think of it in terms of a board game that has a space in the early part of the game that says go back to start if it landed on by a player; refiling for a CR-1 means you go back to the start, the waiting you and your SO have done so far will have been for naught.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Hmmm......OP let's think critically for a second. If something is a FIANCE visa and the main requirement for the visa is to marry in the US within 90 days after your arrival on the visa do you think you would be able to marry before you even received said visa?


England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

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Filed: K-1 Visa Country: Canada
Timeline

Hello fellow visa applicants,

My fiance (us citizen) and myself (uk citizen) are in the process of applying for our K1 visa. Once we are married, I will be moving to the states.

We were planning on getting married in September this year, however due to the processing times, its highly unlikely we will have approval by then. Our plan was to get married in september and then I will return to the UK and wait until the K1 visa is approved.

Is this legal, or will it jeopardise our K1 visa application?

Your opinions and thoughts are greatly appreciated.

If you already have a firm wedding date in place and can't adjust your date maybe it would be best to have that day as an engagement party of some sort? Then once you are approved for your K1 you could just have a small official wedding at city hall or something? Just an option, I've heard of a few ppl juet getting married at city hall once their K1 has come

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Hello fellow visa applicants,

My fiance (us citizen) and myself (uk citizen) are in the process of applying for our K1 visa. Once we are married, I will be moving to the states.

We were planning on getting married in September this year, however due to the processing times, its highly unlikely we will have approval by then. Our plan was to get married in september and then I will return to the UK and wait until the K1 visa is approved.

Is this legal, or will it jeopardise our K1 visa application?

Your opinions and thoughts are greatly appreciated.

You will not be granted a K-1 visa if you are married at the time of the interview. If you get married after being granted the visa but prior to entering the US, then the K-1 (FIANCE) visa will be null and void because you're no longer a fiance. If you enter anyway without advising immigrations that you're already married, you'll have major issues once your try to adjust your status because they'll review your marriage certificate and see that you were married prior to entering the US. Which would mean that you entered under false pretenses.

Your finance and you should probably have researched the the requirements of the visa that you're petitioning for prior to making plans that can be affected by them.

You'll have to either postpone the wedding until you're in the US, or withdraw the I-129F and refile an I-130 and petition for a CR-1 spousal visa once you're married.

George

Edited by George & Gina

11/15/10: I-130 package FEDEX'd to Chicago Lockbox

11/15/10: NSO Marriage and Birth Certificates available for pick-up at NSO

11/17/10: Receipt Date of I-130 petition at Chicago Lockbox

11/19/10: NSO Marriage Cert and Birth Cert (4x each) received by Gina in Philippines

11/19/10: CRBA package couriered to US Embassy in Manila

11/22/10: CRBA package/application including NSO BC & MC received by embassy

11/22/10: NOA1 Date

11/24/10: Electronic notification of receipt received from Chicago Lockbox

11/24/10: Embassy scheduled CRBA appointment for 12/21/2010

11/26/20: Check cashed

11/27/10: NOA1 Hardcopy received via USPS

12/21/10: Interview/Personal appearance at Manila Embassy for CRBA **approved**

01/03/11: CRBA and US Passport for daughter received by Gina via FEDEX

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Filed: Citizen (apr) Country: Canada
Timeline

When you eventually show up at the US PoE with your K-1 to enter the US, you will be asked if you are legally free to marry. If you answer no, because you are already married, your K-1 visa will be canceled and you will have to start all over with a spousal visa.

If you lie, and say you are not married, then when you file your AOS forms, there will be a conflict between the date on your marriage certificate, which you have to include, and the date you entered the US, which they will have from the copies of the passport stamps and I-94, which you have to include. Your AOS will be denied, and you will get slapped with a significant and possibly permanent ban on entering the US. They call lying to them about something important "material misrepresentation" and take it VERY seriously.

Do NOT, in the name of all that is Holy, get married before entering the US on a K-1!


DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

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Filed: K-1 Visa Country: Russia
Timeline

I think that everyone has spelled out to you the facts. I can understand that you have a desire to get married to the one person what you love but to do it the wrong way cause you and your fiancee too many problem to list. I think that you need to find the strength to go through this process legally.

Of Course no one can force you to listen - You need to weight the positive of weighting to get married after you K1 visa was issued VS and negative of getting married before you receive an answer on your K1 application.

I hope you pick the option that best ensures a happy life together with you fiancee

GOOD LUCK


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