Help?!!? K1 Question

[laurainr 2]

I am considering having my fiance stay in Mexico until our set wedding date of January 2nd and I will go down there and have the religious ceremony with him and then we will both come back to the US, he will enter using his k1 visa. Since the k1 (I believe) is valid for 6 months and you only get 1 entry. This would solve our problem, right?

Would there be any conflicts having the religious ceremony before the US civil ceremony ? He got the k1 just 3 days ago. So I heard he doesn't have to enter the US for 6 months until it expires.

[KayDeeCee 4,891]

I understand but let's say he comes here next week and marries me and then goes home for a while. Can I continue his paperwork and he gets that parole card while he's in mexico?

No. I had already answered your question about this in your other thread in the AOS forum > http://www.visajourney.com/forums/topic/563556-approved-for-k1-visa-now-what-happens/?p=7793236

Your age has nothing to do with the mistake you made on your own. You should have researched every aspect of the visa he applied for before applying. You didn't, and now your plans, which you should have never gone ahead and paid for, are messed up. A lawyer cannot get around the laws and make it happen for you, but go ahead and consult with one to see what they say.

Your options>

He can wait to enter, if the expiration date on his visa is past his sister's wedding date.

He can come as soon he gets the K-1 and you marry as soon as possible after he arrives and file for AOS, EAD and AP. Then you hope the EAD/AP card arrives in time.

He can skip the sister's wedding and hope to have the AP in hand by at least Jan before your wedding plans.

You could also ask for an expedite of the AP. Does not mean it will be granted, but cannot hurt to ask. Check the USCIS page about how to file for one after you apply.

You can keep your current plans as is and he can leave for MX in Dec., stay there until after your second wedding and honeymoon, and then begin a new immigration process and file the petition to get started on obtaining a spousal visa for him to return to the US with.

I am considering having my fiance stay in Mexico until our set wedding date of January 2nd and I will go down there and have the religious ceremony with him and then we will both come back to the US, he will enter using his k1 visa. Since the k1 (I believe) is valid for 6 months and you only get 1 entry. This would solve our problem, right?

Would there be any conflicts having the religious ceremony before the US civil ceremony ? He got the k1 just 3 days ago. So I heard he doesn't have to enter the US for 6 months until it expires.

When was his medical? The K-1 visa should be valid until 6 months from that date.

[racheal&david 108]

Ok.. I see. So he could come next week to marry me legally in the courthouse. And then we would file for AOS. And then he can go back to Mexico for his obligations. And then when his AOS card comes I take it to him in December when I go for our religious ceremony.

Will this work? I'm sorry that this is so confusing to me. I'm just trying to do what's best for us. :'(

This is why I'm contacting the attorney. I need facts and quick

A lawyer isn't going to give you any better information. They'll likely cost you more in the long run and screw up somewhere down the line. LISTEN to everyone else's response. The people on this forum know the facts, they've already told you. BUT you're not listening too well. Like others have said being 21 and busy is no excuse. We're all busy with life and being on this forum you have access to a world of knowledge from those already going through this process. And to be quite honest this is a problem seen time and time again, people who just DON'T do the research. Getting the K1 visa is just the first step, there's so much more that comes afterwards and if you don't heed the advice and read the very valid information in the guides and like you, spend money too hastily without reading or asking then I'm afraid the fault lies with you.

But good luck with whatever you guys choose. Hopefully it'll work out!

[belinda63 2,981]

His visa should have an expiration date on it. That will help determine your plans. I still think if the visa is good for long enough that he wait in Mexico until everything is finished. Just make absolutely sure that the wedding is only a religious ceremony and not in any way a legal ceremony. Nothing should be filed with the government recognizing the wedding. If it is the US may decide you are married and his visa is no longer valid.

Consulting with an attorney is never a bad idea but remember some of them will lie to you or promise you the moon to get your money. An attorney cannot change the law nor can they speed up the process.

[Daa 2]

Hi, here is the link to USCIS page with information on the advanced parole, I-131

http://www.uscis.gov/i-131

[tayjoc 4]

I really am sorry that there is no easy answer to your questions. All of us on this forum have sacrificed time, money and at times our sanity with this entire process. The sure things you can count on in is : in this process, nothing goes according to the "proper" timeline we would like....

Both my husband and I are hard working professionals (as are many people here) and at the end of the day we had to decide what our priorities were...we missed several special events in our personal lives since starting this visa process but we decided from the beginning that this process was a priority.

Be thankful you found this site at this point in your journey and not after you broke the law and lost even more money. My process is going on two years shortly and we thought it would be done in a year and we would have been living together by now.

The information provided by all these people in this forum is quite helpful and useful.

All the best as you start your new life

[PeruvyandGringa 25]

I am considering having my fiance stay in Mexico until our set wedding date of January 2nd and I will go down there and have the religious ceremony with him and then we will both come back to the US, he will enter using his k1 visa. Since the k1 (I believe) is valid for 6 months and you only get 1 entry. This would solve our problem, right?

Would there be any conflicts having the religious ceremony before the US civil ceremony ? He got the k1 just 3 days ago. So I heard he doesn't have to enter the US for 6 months until it expires.

I am copying a quote below from another site b/c I am being a bit lazy. The issue is if the religious ceremony in Mexico would be considered married in Mexico. If it is, that would make the K-1 void. I googled quickly but I am no expert on what would be considered legally married by Mexican standards so I won't comment on that.

"While I fully understand your reasoning for wanting to have the religious ceremony, you need to know that it may cause an issue. Because the U.S. recognizes any "marriage" that takes place in a foreign country as long as that country's government considers it to be a valid marriage, the real issue is whether you will be considered married in your home country once you go through with the religious ceremony. This is sort of a tricky issue, but I have seen it come up before. If you are married in the eyes of your country before you come to the U.S. with a K-1 visa, you are obviously no longer a fiance. I can't tell you what to do, but can only say that it may come up in the context of the adjustment if a background check reveals some state sanctioned marriage that has already taken place."

[Chris&Angel 5]

Biometics Appointment is the 1st step in the process of the K1 AOS, your soon to be husband has to be personally here, this appointment applies to the EAD (Employment Authorization Document - Work Premit, and the Advanced Parole Document - Travel Document), there is "No-Way" around this Government requirement once he arrives and you two are married. You might make in InfoPass appointment (Local Office) if he comes before December, they maybe can help in the process, but before you enter this office check your attitude, as you don't want to PO these people who oversee your happiness, do this after the Biometics.

Be aware that regardless of how you work the Oct and Dec problems out, this process you can't avoid, it will happen.

Be wise and smart, this forum has a wealth of valuable information, from people who have been thru this process.

I have been thru both the K1 and CR1 process, and as painful as the process is, this is a cornerstone place of knowledge, use it wisely!

[AmAjjD 33]

I am copying a quote below from another site b/c I am being a bit lazy. The issue is if the religious ceremony in Mexico would be considered married in Mexico. If it is, that would make the K-1 void. I googled quickly but I am no expert on what would be considered legally married by Mexican standards so I won't comment on that.

"While I fully understand your reasoning for wanting to have the religious ceremony, you need to know that it may cause an issue. Because the U.S. recognizes any "marriage" that takes place in a foreign country as long as that country's government considers it to be a valid marriage, the real issue is whether you will be considered married in your home country once you go through with the religious ceremony. This is sort of a tricky issue, but I have seen it come up before. If you are married in the eyes of your country before you come to the U.S. with a K-1 visa, you are obviously no longer a fiance. I can't tell you what to do, but can only say that it may come up in the context of the adjustment if a background check reveals some state sanctioned marriage that has already taken place."

Was just going to say something like this. If you have the actual religious ceremony, with the marriage license, or anything indicating you are actually getting married, you will have issues. Because now you are married and trying to enter the US on a fiance visa, when you need to be entering on a spousal visa. That is visa fraud.

If you have the ceremony with no legal binding documents, that will still cause issues because the US will see it as marriage. Like I said in my earlier post, if you are adamant about having something in Mexico and not losing any money, just have a gathering. But you are better off trying to push things around. Unfortunately you put yourself in this situation by not researching the entire process before applying for the visa, but at least there are some alternate options, even though none of them seem to be the answer you want.

Edited August 30, 2015 by AmAjjD

[ricnally 258]

If you decide to have him come immediately, get married, and get the ball rolling on the AOS/AP (which is your best choice IMO) be sure to find an office that will get your marriage certificate to you right away, as you need it for the AOS application. Some places can do it same day, others take weeks.

[Marine 1 4]

Good luck to the both of you

I have changed my plans to marry 3 times already.

Now looking like a December wedding at this point

As far as not knowing what's going on, if I knew what I know now this whole damn thing would have been done differently

Cost of flying across the world and back for visits is very costly

I am putting money into the foreign economy instead of keeping it here in the USA

And we wait.........................................

[Cathi 5,611]

No one is understanding that we have already paid thousands of dollars for the mexico wedding, and all my family paid thousands of dollars to come. It is non-refundable so I cannot simply "move dates around" at this point. I'm contacting an attorney on Monday.

it's not that we are not understanding, you didn't do your research. There is nothing anyone here, or anywhere else can do for him. If he leaves the country without AP he will NOT be allowed back in and you will then need to start the entire process from the beginning with a cr-1 while he waits in his home country. Period. So if you want to go ahead on to your honeymoon without AP, there will be consequences. What exactly do you think an attorney will do? The law is the law

Edited August 30, 2015 by mimolicious

[Ryan H 3,791]

Moved from K1 Process & Procedures to Working & Traveling During US Immigration forum.

[chaoticlogic 27]

I am considering having my fiance stay in Mexico until our set wedding date of January 2nd and I will go down there and have the religious ceremony with him and then we will both come back to the US, he will enter using his k1 visa. Since the k1 (I believe) is valid for 6 months and you only get 1 entry. This would solve our problem, right?

Would there be any conflicts having the religious ceremony before the US civil ceremony ? He got the k1 just 3 days ago. So I heard he doesn't have to enter the US for 6 months until it expires.

The conflict would be what others have stated: the risk of the US looking at the religious ceremony as an actual marriage, which would void the K1 visa.

My two cents, whether you want to take it or not is up to you:

Have your fiancé stay in Mexico for his sister's wedding (trying to have him come here, file for AoS / EAD / AP, receiving it all in time, finding a trip back to Mexico in time for the wedding seems impractical)

I wouldn't risk having in ceremony in Mexico until after you are legally married in the US and have AP in hand. After this, you could go to Mexico and have a ceremony there if you so desire.

I know that this is not what you want to hear, and I know that you and others have spent a lot of money planning a Mexico wedding. Do what you can to get any of that money back if possible. I can't put myself in your situation, and I know it must really be difficult, but no amount of money spent on something that probably won't happen would cause me to risk having to start from scratch with another visa application for my loved one.

Good luck in whatever you choose to do.

Edited August 30, 2015 by chaoticlogic

[JandEB 3]

I'd actually seriously consider, with your setup, just going ahead and getting legally married in Mexico and dropping the K-1 for a spousal visa petition. But talk with someone who knows the legal ramifications and requirements of that first. The last thing you want to have happen is get him here and then have him charged with visa fraud if the US then or later decides the religious ceremony was a valid wedding.

Whatever course you take, remember that the single most important thing is being sure that everything you do is completely legal in the eyes of all governments concerned. I'm assuming you want to spend a long life with this guy if you're marrying him, so remind yourself that your entire future together is hanging in the balance, and that's more valuable than even thousands of dollars. Don't cut corners where there's any question of future risks.