Another question re:marrying a US citizen

[noreaga 0]

Hi everyone. OK, so I know this topic has probably been beat to death, but I was getting a little overwhelmed looking at all the information here, and wanted to post a topic to discuss the special nuances of my situation and get some advice.

Long story short is that I am a CDN citizen, and my girlfriend is a US citizen. While I have not proposed yet, we both know we eventually want to be married. I am currently finishing up my Master's degree in the US, after which time I plan to go work in South Korea (starting September 2012). My questions at this time really are around the following:

1. Where should we get married (US or Canada)? My work in Korea is on a 2 year contract, after which they may sponsor me on a work visa to work at North American HQ in the US, but i am planning for the eventuality that they may not.If they do not, I will most likely quit and come back on my own. Does it make sense to start filing the K-1 paperwork ASAP anyways?

2. There is a possibility that my girlfriend will be joining me in Korea when I start work. In this event, can she do the necessary K-1 work from Korea?

3. With regards to the K-1 visa, I understand that I need to enter the US within 6 months of issuance and then get married within 90 days of arriving, is that correct?

As you may be able to tell, I am just trying to get the sequence of activities down in the right order so that we can both understand what needs to be done, and when. Given that I will be in Korea for a couple of years, this is all the more important for the both of us.

Thanks in advance everyone, and please let me know if there are any questions or if something isn't clear.

[Inky 1,111]

You can get married wherever you want. You cannot file K-1 if you are married. Its not for spouses.

[noreaga 0]

Thanks for the reply; I do understand that the K-1/K-3 is only for fiancees. So in our situation, what would be the best possible route? Should we just get married some time over the next 2 years, and go down that path of paperwork? Aren't there any ramifications/legal consequences down the road if we get married in the US without going through the formal K-1/K-3 process?

[GnBnL 50]

ONly if you enter the US and get married and try to adjust your status. Of course, if you tell customs your purpose of travel is to get married, they may not let you in I would think either route would be ok for you. BUt if you want to get married sooner rather than later, I would go the CR1 route as opposed to K-1. Then you can just file when you are ready to live in the US, and won't have to worry about Adjusting your status and such. This is what I would do if it were me, just so i could better plan my wedding, and carry on with life. Since you'll be in Korea anyway, being outside the US while you wait doesn't seem like an issue. I'm not the authority on CR1 and if its less of a pain in the @$$ than K-1 but that's what I'd do. good luck to you!

[noreaga 0]

Gabbi, thank you so much! This forum has been tremendously helpful already! I do like the plus points you've mentioned of being able to carry on with life and plan it a little better, but am still slightly confused.

I am a newbie when it comes to the CR-1, and it looks like we need to be married before we can apply for this. Given that, when would be able to be married (and when should we get married) ?

[GnBnL 50]

With the CR1, (feel free to correct me if I'm wrong anyone) I believe you can marry whereever/whenever you want, and then when you are ready to live in the US (say, like in 6-8 months ready) you file for that visa as it is for a spouse of a US cit. That way, since you'll be in Korea and whatnot for however long, you can plan your wedding without waiting for USCIS to do your paperwork! Its less stressful i think if you can just plan your wedding, get married, and get on with life. check out the visa guides for a run-down of each one. more info there than i can give you, as I was a K-1.

[noreaga 0]

Thanks again, Gabbi. However, doesn't what you said about being able to get married anywhere contradict the point about not entering the US with the intention of getting married (assuming that we got married in the States) ?

I did take a quick peek at the CR1 guide, and it does look like you can get married anywhere, as long as it is officially recognized, but am slightly confused as to how that could be done if the fiance is overseas :-S

Edited December 29, 2011 by noreaga

[Inky 1,111]

Thanks again, Gabbi. However, doesn't what you said about being able to get married anywhere contradict the point about not entering the US with the intention of getting married (assuming that we got married in the States) ?

I did take a quick peek at the CR1 guide, and it does look like you can get married anywhere, as long as it is officially recognized, but am slightly confused as to how that could be done if the fiance is overseas :-S

No because you can enter and marry.

Its entering marrying AND ADJUSTING that is the problem.

Please read very carefully this information - http://www.visajourney.com/content/compare

[noreaga 0]

Thanks, Inky! That is a relief to hear, and thank you for the link. I've been combing through it for the last hour or so

This topic/question probably needs to be moved to the CR1 forum, but hypothetically speaking then, let's say that she joins me in Korea starting in September. Will we be able to make a trip back to the US, get married, and then come back to Korea?

[GnBnL 50]

No because you can enter and marry.

Its entering marrying AND ADJUSTING that is the problem.

Please read very carefully this information - http://www.visajourney.com/content/compare

If I knew how to type one of those thumbs up guys I would for this. Adjusting is the No-no.

[Inky 1,111]

let's say that she joins me in Korea starting in September. Will we be able to make a trip back to the US, get married, and then come back to Korea?

Yes you most certainly can go to the USA for a visit and marry and then return back to Korea.

[noreaga 0]

Nice! Thanks !

[Inna & Brian 11]

While your planning timelines; look at the possibility of an IR-1. That is a better visa because you get the 10 year greencard and no need to adjust status.

[noreaga 0]

Is there a difference in the application process for the CR1 and IR1? I am looking on VJ's visa guide at the moment, and it looks like they are more or less the same thing ?

[Inky 1,111]

Is there a difference in the application process for the CR1 and IR1? I am looking on VJ's visa guide at the moment, and it looks like they are more or less the same thing ?

Its the same thing, the only difference is the time you have been married under 2 years or over 2 years lol.