Is K-1 the best way for us?

[Rebecca Jo 1,962]

I just did some asking around, and I guess a marriage ceremony here isn't recognized legally. You have to do the civil registered marriage to have it be legal. So, I think my plan should work out fine.

While you are about your research, read up on the CR-1.

[Jarrod&Vicky 17]

Here is my situation. I currently live in Korea, but will be going home in August. My gf and I plan to be married in about a year or so. She is Korean and will stay here when I go home in August. The plan is for me to come back to get married here in Korea, and then move to the U.S. and have a second wedding for my family there. Is K-1 the best/quickest way for us?

You could also do it the other way around to be absolutely safe (that's the way we are thinking about doing it). You file for the K1, once you get it, she goes to the US and gets married there as soon as she arrives (your family can be there), wait 3 months for AP after AOS and then fly back to Korea (Argentina in my case) where family and friends will be waiting for the big religious ceremony and party!

Just an option.

Good luck!

[gretchen_darren 67]

I just did some asking around, and I guess a marriage ceremony here isn't recognized legally. You have to do the civil registered marriage to have it be legal. So, I think my plan should work out fine.

Check this link: south korea

and this Link: marriage in korea

I would suggest being highly careful on how you approach things. A K-1 visa states being able to be free LEGALLY to marry. Even though it is ONLY a religious ceremony. The cleric MIGHT record the ceremony in the Ward's office for you. Unless you are extremely fluent in Korean, I would be extremely careful. There was a norror story on here recently of a person bringing his fiance to the USA, only to have her sent back home at the Point of Entry. (possibly due to the fact she called him her husband, plus she had wedding rings in her possession.)

If you are going to Marry in Korea, go the I-130 route. Do not even attempt to misrepresent. You may get through the I-139f and Embassy and get the Visa. but when you come to POE (Port of Entry), she could be denied. Please note there are also severe fines on you for misrepresentation besides on her. Either do one thing or another, but don't try to swing from a branch which has thorns on it over a cliff.

Most people who do a K-1 visa, have an engagement party, come to the USA and get married, then Go back once have GC or AP, and have a wedding back in the country for the fiance family. I wish you best of luck in your process, but what you are attempting to do is fraught with peril and danger. IMHO, don't come crying to us on VJ for pursuing this course of action if something goes terribly wrong.

[Rebecca Jo 1,962]

Check this link: south korea

and this Link: marriage in korea

I would suggest being highly careful on how you approach things. A K-1 visa states being able to be free LEGALLY to marry. Even though it is ONLY a religious ceremony. The cleric MIGHT record the ceremony in the Ward's office for you. Unless you are extremely fluent in Korean, I would be extremely careful. There was a norror story on here recently of a person bringing his fiance to the USA, only to have her sent back home at the Point of Entry. (possibly due to the fact she called him her husband, plus she had wedding rings in her possession.)

If you are going to Marry in Korea, go the I-130 route. Do not even attempt to misrepresent. You may get through the I-139f and Embassy and get the Visa. but when you come to POE (Port of Entry), she could be denied. Please note there are also severe fines on you for misrepresentation besides on her. Either do one thing or another, but don't try to swing from a branch which has thorns on it over a cliff.

Most people who do a K-1 visa, have an engagement party, come to the USA and get married, then Go back once have GC or AP, and have a wedding back in the country for the fiance family. I wish you best of luck in your process, but what you are attempting to do is fraught with peril and danger. IMHO, don't come crying to us on VJ for pursuing this course of action if something goes terribly wrong.

I don't think "most" people who "do" a K1 have an engagement party.

Engagement parties tend to be held where it is a cultural norm.

But whatever, I'm not trying to start a storm about that. Engagement parties are IMPORTANT to the adjudicating officers in countries where they are the norm. I have no idea what Korean social norms are for matrimony.

Edited May 12, 2012 by Rebecca Jo

[Rebecca Jo 1,962]

I don't know if the OP will come back to this thread.

But, if he does, I think he should take more into account than the idea the "he" doesn't want to be married and separated waiting for a visa.

What does she want?

She is the one moving thousands of miles and giving up her life to move to a new country.

Oftentimes a CR1 visa helps the alien integrate into American society better than a K1. K1's have to wait for adjustment of status to get jobs and sometimes to get driver's licenses. CR1 grants the green card at entry - it comes in the mail very shortly after port of entry.

OP should consider what is best for his wife's life and not make decisions based upon romantic notions. Something many of us do when we are separated and in love.

[Julie y Pat 67]

When people do what the OP wants to do, it makes a mockery of the institution of marriage. It's the words you say to each other that make you married, not the lousy piece of paper that can be flushed down the toilet, rent into little pieces or burned into a pile of ashes. I hope it doesn't work

[Julie y Pat 67]

Do you plan to tell your fiancee's family that you are having a FAKE wedding for them, and the REAL wedding will be in the US? Or will the REAL wedding be in Korea and the FAKE one in the US for visa purposes?

[AmyWrites 593]

If DCF is available in Korea and you've lived there that might be an option...

[Ron4 22]

No matter what, we plan to have a wedding in both countries. A wedding doesn't have to be recognized by any gov't to be a wedding.

Also, I want to avoid being apart immediately after getting married as much as possible. That's why I think my plan is good. Can someone tell me why it wouldn't work?

With either visa and either wedding she has to be in Korea for her visa interview and with the difficulty of a tourist visa while you wait will probably have to stay until her visa is approved and either way you could stay in Korea with her.

[Vanessa&Dago 12]

I don't have a dog in this fight, and am not trying to come off as experienced or punch hole in your theory.

With that said, I believe that Rebecca Jo is trying to give you good and solid advice. I've always found that when it comes to dealing with government types, it is always safer to KISS (keep it simple s...)

Good luck with whatever course of action you decide to take and please keep posting your progress.

[DouglasFiel 53]

If you follow the CR1 guide carefully,,, the CR1 vs K1 should really only be about 4 weeks longer. Lots less

hassle (as far as cost and paperwork) in the long run to do a CR1.

Regards,

[Cathi 5,621]

I have head of people being denied for having wedding ceremonies even if they are not legally registered..I would tread carefully...if I were you I would just get married legally and avoid the stress of perhaps being denied the k 1 and file for a cr1...and its only a month or 2 difference

[Dereklee003 2]

Wow, so many responses. For those of who trying to help, thank you.

Rebecca Jo - Yes, I will read up on CR1 and all the options a lot more before making any decision of course. And yes, I will of course consider what she wants, and we will make the decisions together. Actually she will probably have more say than me haha

Jarrod&Vicky - Thanks for the idea. The only problem I see is paying for two extra plane tickets, but love is worth it right?

Gretchen- Thanks for the warning, but from what I've learned those that officiate at weddings are not licensed by law to make it legally-binding marriage. Of course I have to confirm this still officially to make sure. As far as your judging and condescending attitude, not appreciated. I am in no way trying to "misrepresent" or cheat the system. I am here asking questions on how to do it legally, but in a way that is best for us. Don't worry, I will never come crying to you.

Julie Y Pat - First, who do you think you are? Second, the very point you are trying to make fails from the word go. You say "its the words you say to each other that make you married, not the piece of paper" I totally agree. That's why we are doing it twice, because its that important to both of us and our families. And if its the "words we say that make us married" than neither will be a "FAKE" wedding like you say right? Actually I could care less about any piece of paper any govt wants to give me, but to get the visa, we have to get the "lousy paper" from somewhere right? Think before you spew verbal attacks next time.

I am no expert, that's why I'm here asking questions and have a while before we have to make a decision. My thinking with the K1 is that the time that we are forced to be apart is before the marriage, where as the other options force us to be apart after being married, unless I misunderstand. Since we already plan to be apart starting in August when I move back to the US, it seemed to make sense for us.

[Darkmoonfaerie 19]

I don't know customs for Korea, but I do know that there have been people denied for having a non legal ceremony and the officer at either the interview or POE sees/hears something implying that you are married. There is no way to prove you're not married. If they believe you are married and deny you, your only real option would be to start from scratch, get married and file a CR1.

[Dereklee003 2]

I don't know customs for Korea, but I do know that there have been people denied for having a non legal ceremony and the officer at either the interview or POE sees/hears something implying that you are married. There is no way to prove you're not married. If they believe you are married and deny you, your only real option would be to start from scratch, get married and file a CR1.

But the govt, who makes the laws, has to also follow the laws right? Either you are married legally or not. If you are not legally married, they cannot legally say you are married, right?