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Filed: K-1 Visa Country: Philippines
Timeline
Posted

i have started my k-1 petition back in october and before my fiance comes i will go to the philippines and come back with her. Now she wants to marry before we come back to U.S.A to marry and although i do see this as a problem since my visa will be approved, i dont know if there is somthing i am missing here?

Can i marry my fiance before comming to the U.S.A, after i already filled my visa in order to marry her in the USA after my Visa has already been approved.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

no... If you will get married before the Fiance visa then you have to start again and file a spouse visa... it will take you longer to get her if both of you will be impatient to wait for the approval of your fiance visa... october filers will be ajudicated this april or may... few more days to wait but if you wanna really get marry now then 5-8 more months to wait...

Febuary 13 - Sent I-129f

Febuary 17 - NOA1

March 15 - RFE

March 16 - Replied RFE

March 21 - NOA2

March 26 - NVC received

March 26 - Got MNL case #

March 26 - Received NOA2 hard copy

March 26 - Paid BPI $350

April 17 - Medical( St. Lukes)

April 24 - Interview (Administrative Review 221g

May 15 - received text from to go that visa is ready for pick up!! (OMG! finally!!)

THANK YOU LORD FOR ALL THE BLESSINGS...

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

i have started my k-1 petition back in october and before my fiance comes i will go to the philippines and come back with her. Now she wants to marry before we come back to U.S.A to marry and although i do see this as a problem since my visa will be approved, i dont know if there is somthing i am missing here?

Can i marry my fiance before comming to the U.S.A, after i already filled my visa in order to marry her in the USA after my Visa has already been approved.

Welcome to the forum.

"Not the first and likely not the last....." :wacko:

If you want to continue the K-1 fiancee process, she will have her interview and physical at the embassy in Manila. If you marry your fiancee before the K-1 visa process is complete, your actions will nullify the K-1 fiancee process. You must then start all over with the IR-1/CR-1 spouse visa process. To do otherwise would constitute immigration fraud, and could result in serious consequences, which may include a lifetime ban for her.

There have been numerous threads on this subject, review recent threads for more information. If I misunderstood your intentions, please elaborate.

Good luck on your visa journey.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Filed: Citizen (apr) Country: China
Timeline
Posted

As I have told others who have floated this idea about, if you get married while the K1 is pending, you go back to the start by filing an I-130. The waiting that will have been done up to that point for the K1 will have been for naught and any fees already paid will not be refunded.

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*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

July 23, 2025:  Filed N-400 online

December 9, 2025:  N-400 interview - approved

February 27, 2026:  Oath

 

Filed: K-1 Visa Country: Philippines
Timeline
Posted
...EVERYTHING that happens after the entry becomes invalid and she would go from citizen to deportable alien with a lifetime ban...

Now that's interesting. Are there some links or references that can be provided? Anyone else have some info?

I would think that after being a citizen for a number of years that the odds of actually being deported would diminish, especially after a court fight of some kind.

I'm not advocating that the OP go through with the concept, I'm just interested in the legal technicalities and real world application.

May your visa journey be smooth and speedy.

ENGAGED TO TROPICALROSE

ringhands4.jpg

Filed: Citizen (apr) Country: China
Timeline
Posted (edited)

Now that's interesting. Are there some links or references that can be provided? Anyone else have some info?

Excerpt below taken from this page:

18 USC § 1425 - Procurement of citizenship or naturalization unlawfully

(a) Whoever knowingly procures or attempts to procure, contrary to law, the naturalization of any person, or documentary or other evidence of naturalization or of citizenship; or

(b) Whoever, whether for himself or another person not entitled thereto, knowingly issues, procures or obtains or applies for or otherwise attempts to procure or obtain naturalization, or citizenship, or a declaration of intention to become a citizen, or a certificate of arrival or any certificate or evidence of nationalization or citizenship, documentary or otherwise, or duplicates or copies of any of the foregoing—

Source of excerpt below:

8 USC § 1451 - Revocation of naturalization

(e) Citizenship unlawfully procured

When a person shall be convicted under section 1425 of title 18 of knowingly procuring naturalization in violation of law, the court in which such conviction is had shall thereupon revoke, set aside, and declare void the final order admitting such person to citizenship, and shall declare the certificate of naturalization of such person to be canceled. Jurisdiction is conferred on the courts having jurisdiction of the trial of such offense to make such adjudication.

Link to 8 USC § 1227 - Deportable aliens

Edited by Ryan H

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*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

July 23, 2025:  Filed N-400 online

December 9, 2025:  N-400 interview - approved

February 27, 2026:  Oath

 

Posted

To add to the above, here is a story of someone who did just that, got caught within a few years and is deported and banned. http://www.visajourney.com/forums/topic/70350-family-separated-by-immigration-policies/page__st__45__p__943472#entry943472

If a person obtained any benefit fraudulently, the person can be stripped of the benefit at any time - there is no statue of limitations on fraud.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted

i have started my k-1 petition back in october and before my fiance comes i will go to the philippines and come back with her. Now she wants to marry before we come back to U.S.A to marry and although i do see this as a problem since my visa will be approved, i dont know if there is somthing i am missing here?

Can i marry my fiance before comming to the U.S.A, after i already filled my visa in order to marry her in the USA after my Visa has already been approved.

YES you can. Then tear up the fiancee visa and start fresh with a CR-1 and wait 10-12 months. Fianecee visas are for FIANCEES. That is WHY they are called "fiancee visas"

No, you were not the first person to think of it. You were not the first to think of it TODAY.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Get legal advise.

Feb 3, 2012 - I129F sent
Feb 6, 2012 - NoA1 Received
August 22, 2012 - NoA2 ( 198 days!!!!!)
Sept 6, 2012 - NVC Received Case
Sept 10, 2012 - London Received Case
Sept 15, 2012 - Packet 3 Received
Sept 20, 2012 - Medical
Oct 5, 2012 - All forms sent to the embassy
Nov 5, 2012 - Interview
Nov 5, 2012 - Administrative Processing crying.gifcrying.gifcrying.gifranting33va.gifcray5ol.gif

Love conquers all.

Posted

Now that's interesting. Are there some links or references that can be provided? Anyone else have some info?

I would think that after being a citizen for a number of years that the odds of actually being deported would diminish, especially after a court fight of some kind.

I'm not advocating that the OP go through with the concept, I'm just interested in the legal technicalities and real world application.

All you have to do is read the newspapers. There are cases of former concentration camp guards still being tried, and stripped of their US citizenship, after 40 or more years, and being extradited to other countries to face charges. Fraud is fraud, no matter what level!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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