Marrying in beneficiary's country before K-1 interview

[DavidBoston 9]

does anyone know if there is a problem with getting married in the country of the beneficiary before you go for your K-1 visa interview?

[TabeaK 516]

Well, you will no longer be eligible for a K1 visa as you are already married and will have to start the process for a CR-1 visa all over again.

[aleful 1,905]

hi

of course, the purpose of the K1 is to marry in the US

if you get married, the K1 is voided and then you will have to file a spousal visa, the CR1, so all the money and time will be wasted

she must remain unmarried so that your fiancé can come to the US and marry you within 90 days,

if you want to throw away your K1 petition, marry and start over with an 130 for CR1, it could take over a year

[cho iketeru 2]

Don't do it. You will have to start over with CR-1 visa. Just finish the K-1 process.

[DavidBoston 9]

Wow. Thanks so much for the advice. Somehow I thought that because we would be getting married in a foreign country and not the US, it would not affect the K-1. But I guess I was wrong. Thanks again.

[Shauneg 762]

Wow. Thanks so much for the advice. Somehow I thought that because we would be getting married in a foreign country and not the US, it would not affect the K-1. But I guess I was wrong. Thanks again.

How would it not. If the K-1 is to get married in the states than of course it would affect as you could no longer get married there. Married is married no matter the country...good thing you asked, that would have been brutal.

[DavidBoston 9]

I am really confused now. You know I am talking about marrying my fiance, not someone else,right? I guess I thought that legally married in one country did not mean you were legally married in another country. so I guess I was thinking that if we got married in Columbia, the country of my fiance, then if anything that would prove at the K-1 interview how serious we were about being married in the United States because we already took the step and got married in Columbia. Does anyone fall my logic?

but if being married in one country means you are legally married every place else in the world including the United States then I follow what you guys are saying.

[DavidBoston 9]

ok. So I just googled it and I don't know why I thought that if you were legally married in one country it did not mean you are legally married in another country. I was totally wrong on that assumption.

I'm pretty new to all this immigration stuff and marriage. Thanks again for all the replies.

[aleful 1,905]

hi

married is married, the US accepts any marriage in the world, as long as it is considered a legal marriage in that country

[DavidBoston 9]

Got it! so glad I checked with you guys. we will have to forego the Columbian reception.

[aleful 1,905]

hi

if you are going to do it before you leave, have the reception not look like a wedding reception, but just a get together or just a regular party, they just might think you got married

anything that just looks like a wedding can be confused and be denied the K1

or once you marry and you start the adjustment of status process, and once she has the advance parole or travel permit, you can come back to Colombia and have a wedding reception

[KayDeeCee 4,891]

A K-1 visa is for an unmarried fiance(e) of a USC. If you get married before interviewing for the K-1 visa, then you might as well not even go to the interview because you will be ineligible to receive a K-1.

http://www.state.gov/documents/organization/87391.pdf
9 FAM 41.81 N6.6 Petitioner and Beneficiary Must be Legally Free to Marry
(CT:VISA-1547; 09-27-2010)

a. For a K-1 petition to remain valid, the petitioner and the beneficiary must:

(1) Have been legally free to marry at the time the petition was filed;

(2) Have remained so thereafter; and

(3) Continue to have the intent to marry within 90 days after the beneficiary’s admission into the United States.

b. A K-1 petition filed when the petitioner and/or the applicant was still legally married shall not serve as the basis for visa issuance, even though that marriage was terminated and applicant/petitioner became free to marry within 90 days of arrival in the United States. If a consular officer finds that the petitioner and/or applicant is/was not legally free to marry, post must return the K-1 petition to NVC under cover of memorandum detailing the specific, objective facts giving rise to the officer’s determination.

http://www.state.gov/documents/organization/86920.pdf

9 FAM 40.1 N1 VALIDITY OF “MARRIAGE” FOR IMMIGRATION PURPOSE

9 FAM 40.1 N1.1 Marriage and Spouse Defined
(CT:VISA-2079; 04-09-2014)

a. The term “marriage” is not specifically defined in the INA; however, the meaning of marriage can be inferred from the INA 101(a)(35) (8 U.S.C. 1101(a)(35)) which defines the term “spouse.” A marriage, in order to be valid for immigration purposes, must be celebrated in the presence of both parties.

b. The underlying principle in determining the validity of the marriage is that the law of the place of marriage celebration controls (except as noted in paragraph c of this section). If the law is complied with and the marriage is recognized, then the marriage is deemed to be valid for immigration purposes. Any prior marriage, of either party, must be legally terminated.

c. Marriages, considered to be void under State law as contrary to public policy, such as polygamous or incestuous marriages, or which Federal law determines does not meet the Federal definition of a marriage, cannot be recognized for immigration purposes even if the marriage is legal in the place of marriage celebration.

d. A marriage void under state law, such as an underage or incestuous marriage, may nevertheless be recognized as valid by the state of intended immigration. The legal thresholds varies state by state. For example, first cousins may not marry in Michigan and such marriages in Michigan are considered void from their inception. M.C.L.A. 551.3 (2010). A 1973 ruling of the Michigan Supreme Court, however, found a marriage between first-degree cousins married in Hungary was nevertheless valid. Toth v. Toth, 50 Mich. App 150, 212 N.W.2d 812 (1973). The same principal applies in marriages of minors. In any cases where a Consular Officer determines suspects that a marriage may not be valid for immigration purposes, the officer should first contact the Office of Legislation, Regulations and Advisory Opinions Division (CA/VO/L/A) for an advisory opinion (AO).

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter2.html

1. Validity of Marriages in the United States​ or Abroad​

Validity of Marriage ​for Immigration Purposes​

The applicant must establish validity of his or her marriage. ​In general,​ the legal validity of a marriage is determined by the law of the place where the marriage was celebrated​ (“place-of-celebration rule”)​. ​Under this rule, a​ marriage is valid for immigration purposes in cases where​ t​he marriage is valid under the law of the jurisdiction in which it is performed​.​

[DavidBoston 9]

hi

if you are going to do it before you leave, have the reception not look like a wedding reception, but just a get together or just a regular party, they just might think you got married

anything that just looks like a wedding can be confused and be denied the K1

or once you marry and you start the adjustment of status process, and once she has the advance parole or travel permit, you can come back to Colombia and have a wedding reception

Thanks. I like the idea of just waiting until the adjustment of status goes through and we can go back to Colombia for a visit.

[DavidBoston 9]

A K-1 visa is for an unmarried fiance(e) of a USC. If you get married before interviewing for the K-1 visa, then you might as well not even go to the interview because you will be ineligible to receive a K-1.

http://www.state.gov/documents/organization/87391.pdf

9 FAM 41.81 N6.6 Petitioner and Beneficiary Must be Legally Free to Marry

(CT:VISA-1547; 09-27-2010)

a. For a K-1 petition to remain valid, the petitioner and the beneficiary must:

(1) Have been legally free to marry at the time the petition was filed;

(2) Have remained so thereafter; and

(3) Continue to have the intent to marry within 90 days after the beneficiarys admission into the United States.

b. A K-1 petition filed when the petitioner and/or the applicant was still legally married shall not serve as the basis for visa issuance, even though that marriage was terminated and applicant/petitioner became free to marry within 90 days of arrival in the United States. If a consular officer finds that the petitioner and/or applicant is/was not legally free to marry, post must return the K-1 petition to NVC under cover of memorandum detailing the specific, objective facts giving rise to the officers determination.

http://www.state.gov/documents/organization/86920.pdf

9 FAM 40.1 N1 VALIDITY OF MARRIAGE FOR IMMIGRATION PURPOSE

9 FAM 40.1 N1.1 Marriage and Spouse Defined

(CT:VISA-2079; 04-09-2014)

a. The term marriage is not specifically defined in the INA; however, the meaning of marriage can be inferred from the INA 101(a)(35) (8 U.S.C. 1101(a)(35)) which defines the term spouse. A marriage, in order to be valid for immigration purposes, must be celebrated in the presence of both parties.

b. The underlying principle in determining the validity of the marriage is that the law of the place of marriage celebration controls (except as noted in paragraph c of this section). If the law is complied with and the marriage is recognized, then the marriage is deemed to be valid for immigration purposes. Any prior marriage, of either party, must be legally terminated.

c. Marriages, considered to be void under State law as contrary to public policy, such as polygamous or incestuous marriages, or which Federal law determines does not meet the Federal definition of a marriage, cannot be recognized for immigration purposes even if the marriage is legal in the place of marriage celebration.

d. A marriage void under state law, such as an underage or incestuous marriage, may nevertheless be recognized as valid by the state of intended immigration. The legal thresholds varies state by state. For example, first cousins may not marry in Michigan and such marriages in Michigan are considered void from their inception. M.C.L.A. 551.3 (2010). A 1973 ruling of the Michigan Supreme Court, however, found a marriage between first-degree cousins married in Hungary was nevertheless valid. Toth v. Toth, 50 Mich. App 150, 212 N.W.2d 812 (1973). The same principal applies in marriages of minors. In any cases where a Consular Officer determines suspects that a marriage may not be valid for immigration purposes, the officer should first contact the Office of Legislation, Regulations and Advisory Opinions Division (CA/VO/L/A) for an advisory opinion (AO).

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter2.html

1. Validity of Marriages in the United States​ or Abroad​

Validity of Marriage ​for Immigration Purposes​

The applicant must establish validity of his or her marriage. ​In general,​ the legal validity of a marriage is determined by the law of the place where the marriage was celebrated​ (place-of-celebration rule)​. ​Under this rule, a​ marriage is valid for immigration purposes in cases where​ t​he marriage is valid under the law of the jurisdiction in which it is performed​.​

I love this website. I learn so much. I am sure that most of that wording about being "legally free to marry" is referring to not being still married to someone else...... but I get it. We'll do a nice celebration upon our first trip back to Colombia. Thanks for all that information.

[Boiler 43,430]

Be handy if you did not need to divorce, just move countries.

Would also make everybody holidaying abroad single....