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JustBreathe

must I get married in USA?

By JustBreathe in K-1 Fiance(e) Visa Process & Procedures

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JustBreathe Community Regular

JustBreathe   22

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

This may be a silly question but....

Do you have to get married in the USA (once your K-1 is approved)? I am Canadian and he is American, can we get married in Canada or say the Caribbean as long as its within the 90 days? Then we would go and enter the states (POE)?

Thanks in advance :-)

♥ Our K-1 Journey ♥
11/24/2012 - I-129F submitted via UPS (Vermont Service Center)
11/27/2012 - NOA1

06/05/2013- NOA2

06/10/2013-NVC received our case

06/14/2013-MTL case number assigned

06/17/2013-Case sent to Montreal

06/19/2013-Logged at Montreal

06/21/2013-Packet 3 sent out

06/27/2013- Packet 4 sent out

08/30/2013- Interview Montreal
09/09/2013-POE- Grand Portage, MN.

09/10/2013-at home in Kentucky

10/12/2013- we are MARRIED!

♥ Our AOS Journey ♥

11/21/2013 - submitted via USPS

11/27/2013-NOA1

12/23/2013-Biometrics appt. Louisville

01/24/2014-EAD/AP approved (65 days)

01/30/2014-EAD/AP mailed out, USPS 2 day tracking number assigned

02/01/2014-EAD/AP combo card arrived in the mail

03/04/2014- Used Advance Parole document to re-enter after a visit to Canada (without any issues)!

03/09/2014- checked USCIS website and saw update saying "Card/Document production" for I-485

03/13/2014-AOS approved. Received Welcome Letter (i-797)

03/17/2014-Green Card arrived in the mail

♥ Our ROC Journey ♥

12/17/2015-Mailed pkg. via USPS
12/22/2015 -NOA1

1/21/2016-Biometrics appt. Louisville

9/8/2016- INFOPass appt for I-551 stamp

3/3/2017-Filed online service request

3/3/2017- ROC approved. (Online status never changed)

3/9/2017- Rec'd approval letter in mail. 

3/21/2017- Text and emails stating card was mailed out

3/24/2017- Rec'd Greencard in the mail

 

The sun sets on this ocean, never once on my devotion - Eddie Vedder

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dukeandduchess Rising Star

dukeandduchess   141

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

You must get married in the US within 90 days. If you marry outside the US you must file an I-130 petition and start over again as a married couple.

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JustBreathe Community Regular

JustBreathe   22

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
  • Author
Posted

You must get married in the US within 90 days. If you marry outside the US you must file an I-130 petition and start over again as a married couple.

Thank you very much!

♥ Our K-1 Journey ♥
11/24/2012 - I-129F submitted via UPS (Vermont Service Center)
11/27/2012 - NOA1

06/05/2013- NOA2

06/10/2013-NVC received our case

06/14/2013-MTL case number assigned

06/17/2013-Case sent to Montreal

06/19/2013-Logged at Montreal

06/21/2013-Packet 3 sent out

06/27/2013- Packet 4 sent out

08/30/2013- Interview Montreal
09/09/2013-POE- Grand Portage, MN.

09/10/2013-at home in Kentucky

10/12/2013- we are MARRIED!

♥ Our AOS Journey ♥

11/21/2013 - submitted via USPS

11/27/2013-NOA1

12/23/2013-Biometrics appt. Louisville

01/24/2014-EAD/AP approved (65 days)

01/30/2014-EAD/AP mailed out, USPS 2 day tracking number assigned

02/01/2014-EAD/AP combo card arrived in the mail

03/04/2014- Used Advance Parole document to re-enter after a visit to Canada (without any issues)!

03/09/2014- checked USCIS website and saw update saying "Card/Document production" for I-485

03/13/2014-AOS approved. Received Welcome Letter (i-797)

03/17/2014-Green Card arrived in the mail

♥ Our ROC Journey ♥

12/17/2015-Mailed pkg. via USPS
12/22/2015 -NOA1

1/21/2016-Biometrics appt. Louisville

9/8/2016- INFOPass appt for I-551 stamp

3/3/2017-Filed online service request

3/3/2017- ROC approved. (Online status never changed)

3/9/2017- Rec'd approval letter in mail. 

3/21/2017- Text and emails stating card was mailed out

3/24/2017- Rec'd Greencard in the mail

 

The sun sets on this ocean, never once on my devotion - Eddie Vedder

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Lalo & Susana Community Regular

Lalo & Susana   50

Posted
Filed: Lift. Cond. (pnd) Country: Chile
 Timeline
Posted

If you don't want to have your wedding in USA then you can get married by the court and then have the wedding somewhere else. But yes you need to marry in the USA within 90 days of your arrival.

Good luck and congrats.

event.png

event.png

Removal of Conditions
08/25/2015: I-751 Sent 08/28/2015: I-751 Delivered
09/04/2015: NOA1 Received 09/25/2015: Biometrics Appointment
TBA: Interview Appointment TBA: Removal of Conditions Approved

AOS
06/11/2013: I-485 & I-765 Sent 06/13/2013: NOA1 Received (AOS & EAD)
07/11/2013: Biometrics Appointment 08/15/2013: EAD Approved
08/26/2013: EAD Card Received 09/16/2013: Interview Waived Letter Received
11/20/2013: AOS Approved

K-1
06/21/2012: I-129F Sent 06/27/2012: I-129F NOA1

12/21/2012: NVC Received 12/28/2012: NVC Left
01/07/2013: Consulate Received 02/27/2013: Interview Date

03/05/2013: Visa Received 03/15/2013: US Entry

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rayandmel Enthusiast

rayandmel   39

Posted
Filed: K-1 Visa Country: Ireland
 Timeline
Posted

Yep, DandD is spot on. If you get married and then try to enter, you will be in violation of the K1 visa (which is for a fiance only, not a married couple). The K1 is a single entry visa. Once you enter at a POE it is void, you then start your 90 days to get married. You have to get married in the US and can not leave without advance parol or adjustment of status after you have married. Good luck on your journey.

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Que Saudade Proficient

Que Saudade   284

Posted
Filed: AOS (apr) Country: Brazil
 Timeline
Posted (edited)

Yep, DandD is spot on. If you get married and then try to enter, you will be in violation of the K1 visa (which is for a fiance only, not a married couple). The K1 is a single entry visa. Once you enter at a POE it is void, you then start your 90 days to get married. You have to get married in the US and can not leave without advance parol or adjustment of status after you have married. Good luck on your journey.

Concur, I just want to point out that while there is no official timeframe to file for AOS that once the I-94 expires the out of status clock starts ticking. (This doesn't mean deportation or anything like that)

What it does mean is that if you go more than 180 days of unlawful status prior to filing AOS/AP/EAD, even though USCIS approves the AP, you can not use it. You will have to wait for your green card to be issued. If you leave the country on AP and have accrued more than 180 days but not more than 1 year of unlawful status, you will incur a 3 year ban upon leaving the US. Of course the overstay is forgiven once adjustment of status is approved. Currently, the approval times for K1 AOS is running about 8-9 months.

so the moral to the story is to file for AOS/AP/EAD as soon as you can.

Alternately, your timeline shows that you haven't filed anything yet. You may want to consider the CR1, if you already haven't. Once the CR1 is approved, you enter the US and receive LPR status upon admission and do not have to file adjustment of status (effectively saving yourself $1070 in the process) As a personal note, knowing what I know now, we would have done the CR1 route. The one drawback from that is that you have to be apart once married. The K1 vs. CR1 approval timeframes are very close to one another.

Edited by Que Saudade

"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."

K1 Guides and Info

K1 AOS Guide

Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

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