Marriage before Visa?

[SpyderRyder 0]

My fiancee lives in Brasil. I am getting ready to send in our paperwork for her visa. We were planning on her coming here in July and get married. She would then go back to Brazil and come back to live here in the US once she got her Visa. Is this possible or do we have to wait to get married until she does get her Visa? Thanks for your help one and all.

Tony

[NikLR 13,220]

K1 means you MUST get married in the USA after visa is granted within 90 days of entry. Then thr beneficiary should not leave the USA until after advance parole has been obtained after filing the AOS.

If you want to be married first, chase a CR1 visa.

[Pitaya 2,577]

~Moved from K-1 Process to What Visa Do I Need Forum~

~Inquiry about fiancee vs. spouse visa requirements~

[aaron2020 11,651]

My fiancee lives in Brasil. I am getting ready to send in our paperwork for her visa. We were planning on her coming here in July and get married. She would then go back to Brazil and come back to live here in the US once she got her Visa. Is this possible or do we have to wait to get married until she does get her Visa? Thanks for your help one and all.

Tony

You can only for a K-1 for a fiancée. Once you get married, she is no longer your fiancée. Marriage will disqualify her from getting the K-1.

With your plan, you would waste the time and money for a K-1 which would be denied base on marriage. You would need to start all over with a spousal visa. She will wait in Brazil for 6-18 months for a spousal visa.

Get marry AFTER she comes to the US on the K-1.

Edited March 11, 2014 by aaron2020

[awaywego 28]

Are you about to send the paperwork for a K-1 (fiancee) or B-2 (visitor/tourist) visa for your fiancee?

If a K-1, your fiancee would enter the US after she receives the visa, you would marry, then she would stay in the US. She would not need to return to Brazil to wait for another visa to process. Here is a flowchart for the K-1 process so you can see how it would go from application through adjusting to a CR-1 (spouse) visa: link

If a B-2, you can marry when she comes to the States in July so long as she intends to leave within the time allotted by her visa. (She should bring evidence of her intent to leave in case she has issues at immigration. See the thread at the top of the K-1 forum.) Once you are married, you would apply for the CR-1.

If you are undecided, the "Guides" page linked in the blue bar at the top has a lot of useful information that might help you decide between the K-1 and CR-1 routes.