Question about getting married after receiving K-1

[Lyuda_and_Kip 1]

This question may have already been asked and answered a number of times here, but I haven't been able to find the answer.

So I apologize in advance if this question is a repeat

My fiancée is from Ukraine. We applied for a K-1 visa in January and are trying to make future plans.

It is important to her family to see us get married and to be able to celebrate this event with us.

After she is approved for and receives the K-1 visa, we would like to get married in her hometown for her family in Ukraine before traveling to the U.S.

Is this allowed? Or would this violate rules of the visa?

We will certainly also get married in the U.S. after arriving here, but her family cannot travel here to participate in this wedding.

Thanks for any guidance you can provide!

[Lainie B 465]

No, she must be unmarried when she enters the US on the K-1. YOu cannot get married in Ukraine

[Harpa Timsah 13,258]

That is not allowed. A K-1 must be unmarried when using their visa.

[MedRoni 161]

I would say reverse the plan - get the visa, marry in the US and go back to the Ukraine for the family wedding!

[mobob 0]

As you've already been told, the K1 is for getting married in the USA.

Since you applied in January, you should have only received the NOA1 and most likely no further action is happening until it's your turn, ie: a few more months for your petition to make its way to the top of the electronic pile at whichever service center it's sitting at. And after that it heads on to the National Visa Center for their processing, then to the embassy in Kyiv.

If you choose to get married in Ukraine, you'll have to cancel that petition and apply for a CR1, which means you'll probably have to start all over again. Presuming you only have applied for a K1, meaning she's without a child, you'll only be out about $400 - meaning you'll have to cough up another $424 (presuming the fee hasn't changed since I did it last year). And of course you'd have to resubmit the entire petition package, documents, photos, et cetera.

What you do now is up to you. Do you want to get married in Ukraine or the USA? If you want her family to be part of ceremony and celebrate with you, you'll have to do it there. I don't know everything about the process, even though we went the CR1/CR2 route last year, but I can pretty much guarantee her family will not get approved for visas to see you get married here. Ain't gonna happen. So, if you want to get married there so the family can participate, do it. All you'll lose is money and time - money for a new petition-CR1, time since you'll be starting over. The time issue may not be a big deal due the currently lengthy/lengthening processing times. Might be a good idea to call USCIS - talk to a second level supervisor, but don't count on that being the best information, not due to any fault of theirs, but that this particular situation probably doesn't happen often. If you decide to continue with the K1 process, leave it alone and allow it to run its course.

There are benefits to each process: the K1 gets a fiance here faster (relatively speaking, of course), but the adjustment of status process takes longer (green card) and costs more money. The CR1 takes longer and cost a little more in the beginning, but when the spouse arrives, they can work almost immediately, ie: get a green card and ss# shortly after arriving. Usually about 10-14 days for the green card to arrive and a week or so for the ss card.

Discuss it with your fiance. Whatever you do, it's a decision that should be made together.

Lastly, remember this: the timelines here are ONLY what VJ members input, they are NOT official processing times from the service centers, national visa center, or embassies.

Now that I've totally scared the ####### out of you, I'll say this about getting married in Ukraine: best thing I've ever experienced! The waiting was worth it! We were married Sept 2011 but they didn't get here until the end of Nov 2012 - a 14 month wait. It was a bunch of paperwork here in the USA, then Kyiv, and then the regional RAGS office to get married. Then the visa process and a delay due to an RFE. Myself and a few others can tell you about the CR1 process. As for the K1, talk to Gary and Alla. He's the resident K1/K2 expert on Ukraine, at least IMO.

Just saw the comment about getting married here and going back for a family wedding. It's a good idea, just keep in mind there might be a delay before she can leave and come back. Something about advance parole and stuff. Again, that's K1 stuff I know nothing about. Consult the K1/K2 expert - Gary and Alla.

Udachi!

Edited April 13, 2013 by mobob

[Lyuda_and_Kip 1]

Thank you all for the info! We have discussed it and decided we will just have a celebration with her family before we travel to the U.S. but we will not get married in Ukraine at that time.

After our marriage here, the next time we travel back to visit her family we will get officially married there.

Thanks again for the info and support!

[Sveta & Ron 23]

Thank you all for the info! We have discussed it and decided we will just have a celebration with her family before we travel to the U.S. but we will not get married in Ukraine at that time.

After our marriage here, the next time we travel back to visit her family we will get officially married there.

Thanks again for the info and support!

we fully understand about her family as a matter of fact we are going back to ukraine in may to have a wedding there for her family also and to keep my promise to them

make sure file aos. ead and ap asap and be careful about a celebration before coming to the US as uscis/embassy/poe might see it as a wedding and cancel the visa

[Lyuda_and_Kip 1]

I also made a promise to her family. So we will travel back as soon as we can after getting married in the U.S.

Thanks for the advice! We will file AOS, EAD and AP immediately after our wedding here. I know it will be several months before we can travel back there, but I look forward to the time we can travel back there and officially celebrate with them.

Each time we have dinner with her family, it's like a celebration of sorts. So the celebration we have before coming here will be pretty much the same (except she'll be leaving with me We won't do anything that could be considered any type of marriage ceremony. The process is long enough, wouldn't want to do anything at that point to delay it further.

Best of luck with your May trip!