K-1 Interview after Wedding What do I do?

[sportzgod5 0]

We just received our interview opportunity for the k-1 in Montreal but its 2 and a half months after our wedding. Should we still go ahead with the fiancee visa or just get married and file for the spousal?

[Lynkali 163]

Umm. K-1 is for UNMARRIED people only. Why did you get married with a K-1 pending?

You can't get a K-1 if you are already married. You will be denied. I leave it to others to tell you how to withdraw or what you need to do at this point, but you definitely will not get a K-1 visa.

Unfortunately the wait times for spousal visas (CR-1) are through the roof, taking up to a year, so if you're already married, then you've really slowed yourself down. If you haven't gotten married yet -- DON'T, and continue with the K-1.

[Pinkrlion 2,725]

Why is your wedding scheduled prior to your visa approval? We have all advised not to make wedding plans until visa is in hand.

[lost_at_sea 995]

Don't get married. Move your wedding.

If you get married, you'll be starting over from scratch. Could easily set you back a year.

[sportzgod5 0]

Thanks for the input

[Zedayn 486]

I agree, you can't make concrete wedding plans until you actually have the visa in hand. Unfortunately, you will have to be flexible with your wedding plans and change them till after you get your visa. As far as what you should do, it depends. How hard will it be to move the wedding date? And how hard will it be to wait another year or more if you kept your original wedding date and filed a spousal visa?

[baron555 934]

We just received our interview opportunity for the k-1 in Montreal but its 2 and a half months after our wedding. Should we still go ahead with the fiancee visa or just get married and file for the spousal?

Delay the wedding. If you get married, you'd have to withdraw the K-1, wait for that to become official and then file for a CR-1 and wait another year. Doesn't make sense..especially if you're planning to live together.

[sportzgod5 0]

The wedding is pretty concrete unfortunately with people coming from everywhere to attend. Would getting a workers visa from an employer in the US while filing for the spousal be a good route?

[Lynkali 163]

Work visas are not just handed out like Halloween candy, so unless you already have an employer lined up who is willing to sponsor you, I'd say no.

I would also beware of entering the USA on a work visa with the INTENT of getting married and staying. You definitely cannot do that on a tourist visa, but I don't know if work visas are dual-intent or not. Be very very careful, you don't want to deal with any possible visa fraud charges, especially since you've already got an approved I-129F.

I say: Change the wedding to a big party -- people still come, you can celebrate any way you like, but do NOT get legally married, no certificates, no legal ceremony. Then you can have a small courthouse marriage once you've arrived in the US.

[lost_at_sea 995]

The wedding is pretty concrete unfortunately with people coming from everywhere to attend. Would getting a workers visa from an employer in the US while filing for the spousal be a good route?

Do you have a job offer somewhere? Work visas begin with a job offer from a US sponsor, then a new petition then a visa application.

This is likely not a good option, particularly if you only want to obtain one for the purposes of immigration.

Move the wedding (or have it be a party, not a wedding) and immigrate on the K1 in a couple of months.

Or, get married on your schedule then end up immigrating a year later because you had to start over.

What's more important? Your wedding date or living with your partner ASAP? That's the real question you need to answer for yourself.

Edited December 11, 2013 by lost_at_sea

[Bin deeq 10]

Umm. K-1 is for UNMARRIED people only. Why did you get married with a K-1 pending?

You can't get a K-1 if you are already married. You will be denied. I leave it to others to tell you how to withdraw or what you need to do at this point, but you definitely will not get a K-1 visa.

Unfortunately the wait times for spousal visas (CR-1) are through the roof, taking up to a year, so if you're already married, then you've really slowed yourself down. If you haven't gotten married yet -- DON'T, and continue with the K-1.

i agree with Lynkali don't continue with k-1 if you are already married

Edited December 11, 2013 by Dr Mohad Sheikh

[agnesb 47]

I say: Change the wedding to a big party -- people still come, you can celebrate any way you like, but do NOT get legally married, no certificates, no legal ceremony. Then you can have a small courthouse marriage once you've arrived in the US.

Thats a good idea, i'd do that in this case.

[belinda63 3,052]

So what would you do if you continued with the wedding? Get married, obtain a fiance visa, get married a second time? Involves lots of lying to the local government and the federal government. Bad news.

[Canerican 242]

Not only would it be lying, but you would run the risk of the gov't finding out even if you did get married in the USA because the date you immigrated with the K-1 would be later than the date you got married. I am sure somewhere down the line this would get picked up in the AOS process.

[baron555 934]

The wedding is pretty concrete unfortunately with people coming from everywhere to attend. Would getting a workers visa from an employer in the US while filing for the spousal be a good route?

You most likely wouldn't be given one since they will see the K-1 in their system. They would think you are just trying to circumvent the regular visa process, which you would be. Could be risking a permanent ban. Think very carefully while you cancel the wedding. Period.

Move the wedding (or have it be a party, not a wedding) and immigrate on the K1 in a couple of months.

That's a great idea. If the folks attending do not understand why you must follow the immigration rules and why you can not have the 'traditional' wedding, then whose best interests do they have in mind?