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irina1986

Can we marry while K-1 is processing

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Hello Everyone,

Please help me on this as I am kinda new and this is my first post since I've submitted K-1 last March 2015 for her. We know each other little more than a year. I visited her home country (Bangladesh) last December 2014. We got together at my sister's place in Bangladesh and had dinner together. We are engaged by verbally meaning our guardian level is agreed that we will be marrying each other. Now I submitted K-1 last March 2015 with all the required documents which include pictures. It is my feeling that this process will go for another few months. So I've decided to marry her which require to register this marriage in Government of Bangladesh. After that we can live together if I visit her. So will there be an issue to get K-1 visa in Bangladesh if we marry each other. Because I am trying to bring her as fiance but in the eyes of American Embassy in Bangladesh we are husband/wife.

I appreciate all of you in advance.

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K-1 is Fiance visa, it means you have to marry withing 90 days of your arrival to the US. If you marry, you have to apply for a different kind of visa.

Even an unofficial ceremony could be seen as a wedding.


August 2011: Started talking to Brian
June 1st, 2012: Started dating (L)
July 29th 2012: Saw each other for the first time, met Family
August 2013: Got engaged
July 2014: Sent 1-129F petition
July 29th, 2014: Received NOA1.
February 5th, 2015: NOA2!
April 16th, 2015: Medical in Montréal
May 15th, 2015; Interview- APPROVED!
June 22nd, 2015: POE at Champlain Border

September 4th, 2015: Wedding! :dancing:

AOS/EAD/AP

February 20th, 2016: AOS/EAD/AP Package sent! (Received 2/25, yay for USPS delays!)

March 4th, 2016: NOA 1 for all 3 applications

March 11th, 2016: Hardcopies with all 3 receipt Numbers received

March 30th, 2016: Biometrics (as a code 2, Maybe have to go again?)

April 25th, 2016: Walk in for the SECOND Biometrics appoinment (Code 3 this time, Officer was not the happiest but told us to come back at noon and he'd let us in.)

May 16th, 2016: Submitted Service Request for I-765

June 8th, 2016: Called USCIS concerning delay, officer put another request in and said the previous one would like be ignored as it was created through their website.

June 21st, 2016: Contacted both NY Senators.

July 1st, 2016: RFIE for I-485.

July 8th, 2016; Sent Evidence Requested by USCIS. (Received July 13th)

July 15th, 2016; Emergency Advance Parole due to Family Emergency

July 27th, 2016; Contacted USCIS Ombudsman as my I-765 has been pending for 5 months.

July 30th,2016; EAD/AP have been approved!

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Hello Everyone,

Please help me on this as I am kinda new and this is my first post since I've submitted K-1 last March 2015 for her. We know each other little more than a year. I visited her home country (Bangladesh) last December 2014. We got together at my sister's place in Bangladesh and had dinner together. We are engaged by verbally meaning our guardian level is agreed that we will be marrying each other. Now I submitted K-1 last March 2015 with all the required documents which include pictures. It is my feeling that this process will go for another few months. So I've decided to marry her which require to register this marriage in Government of Bangladesh. After that we can live together if I visit her. So will there be an issue to get K-1 visa in Bangladesh if we marry each other. Because I am trying to bring her as fiance but in the eyes of American Embassy in Bangladesh we are husband/wife.

I appreciate all of you in advance.

If you marry, you will no longer be able to pursue the K-1 visa. You would need to start the visa process all over again with a CR-1 spousal visa.


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

05/23/2017 -- Mailed ROC application

05/24/2017 -- NOA1 date

05/30/2017 -- NOA1 received in the mail

06/05/2017 -- Biometrics letter received

06/13/2017 -- Biometrics appointment

09/05/2018 -- Approved without interview!

09/13/2018 -- 10 Yr Green card Received

 

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Sure, you can marry while your K1 is processing. After marrying, then you can start the CR/1 spouse visa process, because you will no longer be eligible for the K1 Fiance(d) visa.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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So I've decided to marry her which require to register this marriage in Government of Bangladesh. After that we can live together if I visit her. So will there be an issue to get K-1 visa in Bangladesh if we marry each other

sure - the name check done at the IV Unit will reveal that she's married, prior to K-1 interview day.

Do you fully understand what a K-1 visa is for ? I ask, cause your post is rife with conceptual errors and hazardous leanings.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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This gets asked a suprisingly high number of times. Use the advanced search option to find the other threads of the same topic.

And as others have said, you can choose to marry, but then your K-1 is invalid. You'll restart (forms, $, timeline) with a CR-1 visa. If your goal is to have her here more quickly, staying the K-1 is your best idea. If your goal is to be able to stay with her when you visit, then the CR-1 will be fine (but take longer).


K1 Visa Process AOS Process

Mar 18 2013: I-129F mailed to CSC Nov 15 2013: I-485 with EAD/AP filed at Chicago Lockbox

Sept 19 2013: Interview - Approved!! Jan 25 2014: EAD/AP Card Received

Oct 6 2013: POE - Chicago O'Hare June 2 2014: Permanent Resident Card Received!

Oct 27 2013: Wedding!

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Hello Everyone,

So I've decided to marry her which require to register this marriage in Government of Bangladesh. After that we can live together if I visit her. So will there be an issue to get K-1 visa in Bangladesh if we marry each other. Because I am trying to bring her as fiance but in the eyes of American Embassy in Bangladesh we are husband/wife.

I appreciate all of you in advance.

Looks like you answered your own question. You basically made an iron-clad case for not being able to get a K-1 visa. Congrats!

Since you already paid the K-1 petition fee, and it's been 4 months so far, why not just wait a bit longer (and really, in the grand scheme of things, a few months IS just a bit longer) and finish the process you've begun?


Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

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The K-1 is a fiance(e) visa. The CR-1 is a spousal visa. If you are unmarried, then you can receive and use a K-1 visa. If you are married, then you can receive and use a CR-1 visa.

Fiancé(e) Visas

Eligibility Requirements

If you petition for a fiancé(e) visa, you must show that:

You (the petitioner) are a U.S. citizen.
You intend to marry within 90 days of your fiancé(e) entering the United States.
You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:
1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
2. If you prove that the requirement to meet would result in extreme hardship to you.

9 FAM 41.81 N1.1 Classification Under INA 101(a)(15)(K)(i)
(TL:VISA-756; 07-27-2005)

An alien may be classified as a K-1 if he or she is the beneficiary of an approved Form I-129-F, Petition for Alien Fiancé(e), for issuance of a nonimmigrant visa (NIV). If the consular officer is satisfied that the alien is qualified to receive such a visa, the alien may be admitted to the United States for the purpose of concluding a marriage to the petitioner within a 90-day period.

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.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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