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NYjones

Not marrying in the US. after approved K1

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Hello all,

I was only wondering. What would happen if a couple with an approved K1 decides to get married outside of the US? This would be after the non USC has entered the US. Maybe in Canada? Maybe it wouldn't be possible since the non USC may have problems related entering the US?

How about not marrying in the specified state in the letter of intent (this would refer to same set couples).

I'm just curious about the answers.

Thanks for the feedback!

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Filed: Country: Monaco
Timeline

If you get married outside the US, your K-1 visa is forfeited and you would need to start the visa process all over again. Once you're married you must apply for a CR visa. The date on the letter of intent is not etched in stone. The commitment the couple makes with the USCIS is to marry within 90 days of the beneficiary arriving in the US. any date within the 90 days is fine. You don't need to marry in the state you specified in the letter of intent.

At the rate we're going, soon there will be no states left legally supporting marriage discrimination.

Edited by JohnR!

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www.ffrf.org




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If you marry outside the US, you will need to file an I-130 for a spousal visa. You will not be able to enter again on the K-1 visa, you will need a visitor visa to return...or you will have to wait for processing of the CR-1 visa.

You can marry in whatever state you choose.


K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

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Filed: AOS (pnd) Country: Philippines
Timeline

Do yourself a favor and marry in the U.S. So much easier (and cheaper).

You can marry anywhere in the US you like, but it must be by day 90. Don't go over, not even by one day.

Your I-94 arrival record will tell you when D-Day is so you don't have to do the math.

Edited by Al422

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Filed: AOS (apr) Country: Haiti
Timeline

And do yourself a favor, don't honeymoon outside the US either. No point in having to go through the whole process again as a CR-1.


K-1 from Haiti - NOA1: 5/27/2014; NOA2: 7/8 USCIS never updated to say that it was sent to the NVC (just in case you're as concerned about your status not updating as I was about mine)
NVC Case Number Received: 7/31; Left NVC: 8/1 - tracked via DHL website; CEAC Status - Ready: 8/7; Packet 3 Received: 9/5 - Beneficiary received packet / Medical Completed: 9/19;
DS-160 Submitted: 9/22 - (CEAC date updated); Packet 3 Submitted: 9/26; Packet 4 Received: 10/24; Interview Date: 11/6 @ 7 am Interview Result: Approved!
CEAC Status Issued: 11/10; USTraveldocs.com finally acknowledged Fiance's passport actually in their system: 11/20; Passport Received: 11/21;

POE: 11/23/2014; Wedding: 2/14/2015

AOS/EAD/AP Filed: 2/21/2015;

USCIS EAD & AP received: 2/25; USCIS AOS received: 2/27; Received NOA1s in mail: 3/5; Biometrics: 3/26; EAD/AP Card in Production: 5/11; EAD/AP Card Mailed: 5/1; EAD/AP Card Received 5/19; NPIW Letter dated: 6/11/15; Green card Approved: 10/1/15;

Green card Received: 10/7/15

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Ok. Thanks for the quick responses! I'm nowhere close to even entering the USA right now, I was only wondering. Technically the non USC can reenter the USA if they have a tourist visa....or are visas suspended? Can one person have a k1 and a tourist visa at the same time?

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Filed: Country: Monaco
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Your tourist visa will be canceled when you're given the K-1.

Ok. Thanks for the quick responses! I'm nowhere close to even entering the USA right now, I was only wondering. Technically the non USC can reenter the USA if they have a tourist visa....or are visas suspended? Can one person have a k1 and a tourist visa at the same time?


200px-FSM_Logo.svg.png


www.ffrf.org




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Filed: AOS (apr) Country: Russia
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Hello all,

I was only wondering. What would happen if a couple with an approved K1 decides to get married outside of the US? This would be after the non USC has entered the US. Maybe in Canada?

You can marry wherever you want.

Maybe it wouldn't be possible since the non USC may have problems related entering the US?

Yes, the beneficiary would not be allowed back into the US without the AP or GC in hand...which is obtained after AOSing after marriage in the US.

If you do leave and get married somewhere else without the AP or GC, then the beneficiary would have to remain outside the US while you file a CR-1 petition and wait about a year for that.

How about not marrying in the specified state in the letter of intent (this would refer to same set couples).

Shouldn't matter.

I'm just curious about the answers.

Thanks for the feedback!


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Hi,

Are you a same sex couple? If so, unfortunately you can't get married wherever you want. You could only get married in states that perform SSM. Right now that's 32 states, plus DC. It doesn't matter if the state where you intend to live doesn't recognize it, the federal government will recognize it based on where it was performed. If you aren't a same sex couple, then you could get married in any state.


This does not constitute legal advice.

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