Flight attendant C1D visa

[luukee 18]

Hello VJ,

Is it possible for a flight crew on a C1D visa to enter the U.S. and get married here in the U.S. After which they continue to go back to their country and work as a flight attendant while the U.S. Spouse files for a K3 or CR1/IR1 Visa?

Thanks so much for your help.

[B & G 200]

I posted this on your hello VJ thread, but since you have created a new topic for it, I'll add it here too.

First things first. Usually how long of a stay does your fiancee have in the US between her flights? 2 or 3 days?
Next thing is which state are planning to get married in?
For example, Maryland requires 48 hours to pass between you getting your marriage license to you getting married.

[carton025 38]

Yes, it is possible... Like the above poster stated, it depends on the state's requirements for a marriage license for you to get married.

[luukee 18]

I posted this on your hello VJ thread, but since you have created a new topic for it, I'll add it here too.

First things first. Usually how long of a stay does your fiancee have in the US between her flights? 2 or 3 days?

Next thing is which state are planning to get married in?

For example, Maryland requires 48 hours to pass between you getting your marriage license to you getting married.

Thanks so much for the info B&G.

1. She's only here for 1 night, afternoon = Lands --> stays one night --> Night time (around 8pm) flies out.

2. We're planning to marry in California. I want to say that we can get married right after getting the license, as they allow us to have a ceremony with a judge right way.

According to the K3 info in the guides, it sounds like as long as its official where we're married, then its legal. And after that I can start a K3 or IR1/CR1 ? Will any of this affect her current work Visa (C1D) ?

[luukee 18]

I was wondering if this makes any sense as well -- I saw this on the travel state site.

http://travel.state.gov/visa/immigrants/types/types_1315.html

• Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required:
  • Petition for Alien Relative, Form I-130; and
  • Petition for Alien Fiancé(e), Form I-129F

If the marriage takes place here in California, it sounds like I would have to request the VISA here, but would that actually work? Would they contact the embassy in her country and then forward the VISA?

Thanks again for your help guys.

[B & G 200]

Thanks so much for the info B&G.

1. She's only here for 1 night, afternoon = Lands --> stays one night --> Night time (around 8pm) flies out.

2. We're planning to marry in California. I want to say that we can get married right after getting the license, as they allow us to have a ceremony with a judge right way.

According to the K3 info in the guides, it sounds like as long as its official where we're married, then its legal. And after that I can start a K3 or IR1/CR1 ? Will any of this affect her current work Visa (C1D) ?

Your fiancee will be ok to marry in the US as long as she entered it legally. Since she is entering it legally with a C1D visa then you have no problems performing the marriage in the US. The US does not have a problem if you get married there and then leave and file from overseas. That is what my husband and I did. I had entered on a ESTA, we got married and I left after 12 days.

Since California has no waiting period then it works out pretty good for you guys. Make sure that you call the county where you will be getting married to book and appointment for the marriage licence issuance and then the marriage ceremony straight after. Since she flies out at 8pm, and Im assuming her hotel pick up for the airport is around 3 hrs before her departure time, that gives you pretty much all day to do this.

Make a note that if either of you have been married before, it is a good idea to have proof of the disolution of previous marriage (divorce decree, death certificate, etc) with you on the day you file for the marriage license. Other than that, only thing you two need is a valid ID. Her passport is more then enough for that.

Another thing, since you are looking at the spousal visa requirements, focus on the CR1/IR1 guides. K3 is pretty much obselete. And you can file for the I-130 as soon as you have your marriage certificate in your hands. We got ours issued straight after our marriage ceremony, I don't know if its the same for California.

Study the spousal visa guides on here for all other paperwork and evidence that is needed for you to file.

Good luck and congrats!

[B & G 200]

I was wondering if this makes any sense as well -- I saw this on the travel state site.

http://travel.state.gov/visa/immigrants/types/types_1315.html

• Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required:
  • Petition for Alien Relative, Form I-130; and
  • Petition for Alien Fiancé(e), Form I-129F

If the marriage takes place here in California, it sounds like I would have to request the VISA here, but would that actually work? Would they contact the embassy in her country and then forward the VISA?

Thanks again for your help guys.

A K3 is a fiance/fiancee visa. That is for a fiance/fiancee to get married and stay in the US and then adjust status. That is not the case with you. You are just performing the marriage in the US. Your fiancee can then leave and wait for a spousal visa at her country of residence.

Though since you have not gotten married yet, then you are eligible to petition for a K1.

Look at this, it gives you an explanation of the types of visas that are available. http://www.visajourney.com/content/compare

Choose which one is best for the 2 of you.

[Darnell 8,478]

A K3 is a fiance/fiancee visa.

Ooops. Wrong. Sorry.

[B & G 200]

Ooops. Wrong. Sorry.

Damn! You are right! Apparently im still sleeping and typing!

[B & G 200]

A K3 is a fiance/fiancee visa. That is for a fiance/fiancee to get married and stay in the US and then adjust status. That is not the case with you. You are just performing the marriage in the US. Your fiancee can then leave and wait for a spousal visa at her country of residence.

Though since you have not gotten married yet, then you are eligible to petition for a K1.

Look at this, it gives you an explanation of the types of visas that are available. http://www.visajourney.com/content/compare

Choose which one is best for the 2 of you.

Ignore what I have written above. K3 is not a fiancee/fiance visa, thats the K1. K3 is almost not used or issued anymore by USCIS. What you have to look at is the CR1/IR1 visa. Thats the path you have to follow.

[Darnell 8,478]

Damn! You are right! Apparently im still sleeping and typing!

Dadgummit ! Since yer still awake, get into the kitchen and fix me a sammitch !

[B & G 200]

Dadgummit ! Since yer still awake, get into the kitchen and fix me a sammitch !

No stuff to put between the bread, no bread and no kitchen where am at, which is work, and its 9 am here.. which means I have already been here for 3 hours.. thus the sleeping and typing!

[Darnell 8,478]

I feel wronged, slighted in some pernicious fashion, no sammitch for me.

Happy Saturday !

[luukee 18]

Your fiancee will be ok to marry in the US as long as she entered it legally. Since she is entering it legally with a C1D visa then you have no problems performing the marriage in the US. The US does not have a problem if you get married there and then leave and file from overseas. That is what my husband and I did. I had entered on a ESTA, we got married and I left after 12 days.

Since California has no waiting period then it works out pretty good for you guys. Make sure that you call the county where you will be getting married to book and appointment for the marriage licence issuance and then the marriage ceremony straight after. Since she flies out at 8pm, and Im assuming her hotel pick up for the airport is around 3 hrs before her departure time, that gives you pretty much all day to do this.

Make a note that if either of you have been married before, it is a good idea to have proof of the disolution of previous marriage (divorce decree, death certificate, etc) with you on the day you file for the marriage license. Other than that, only thing you two need is a valid ID. Her passport is more then enough for that.

Another thing, since you are looking at the spousal visa requirements, focus on the CR1/IR1 guides. K3 is pretty much obselete. And you can file for the I-130 as soon as you have your marriage certificate in your hands. We got ours issued straight after our marriage ceremony, I don't know if its the same for California.

Study the spousal visa guides on here for all other paperwork and evidence that is needed for you to file.

Good luck and congrats!

B&G,

Thank you so much for giving me the info and also sharing your experience. I've been struggling to find answers and the ones I've talked to in my local area have not been very good at answering my questions.

Yes I think in California they'll give us the marriage certificate right away (I could be wrong about that) but I do know they will do the ceremony right after the license.

I do have a question about what happens

After you went back to your country. At that point did you pretty much dealt with the American embassy in your country? Did you have to deal with any government agencies in your country? (Besides getting clearance of never committing a crime, which I'm guessing you would deal with the police)

I'm trying to figure out if the embassy requires to work with any other local govt agencies or at that point it's just us and the embassy?

Thank you so much B&G!!!

[luukee 18]

I feel wronged, slighted in some pernicious fashion, no sammitch for me.

Happy Saturday !

I'll hook you up with a banh mi if you're in southern California