Approved K1 VISA, must marriage occur within the US?

[MACJEC 0]

Hello forum. It's been a long road and thank you to this site for being so helpful as I quietly searched for information amidst the guides and topics. Now that the hardest part is over and we are approved, we have some planning to do. My UK born fiance gets his K1 VISA from the courier tomorrow. He plans on staying in the UK to work for a little longer before he makes his trip here but we were wondering about something and not sure where to ask this question. In all likely hood, I will be writing the government but just in case anyone here has had a similar situation, I thought I might ask!

Now we have the K1 but I would love to have the wedding for his family in England instead of broadcast via skype from the states if there is any way to do this that pleases USCIS. I was wondering if they might have a process to be married outside of the states while using the K1 VISA maybe for people who decide on destination weddings? His parents are afraid to fly unfortunately and everyone is fine with just video and pictures but I would hate to find out later we could have gone back to get married in front of his very loving family if we just filled out some paper work.

Thanks for any thoughts, tsk-tsking for being wishy washy or experiences you might have to offer!

[aleful 1,905]

hi

no, if you wanted to have a wedding, you picked the wrong petition, you should have gotten married and filed for the CR1 spousal visa

you already know that the K1 is to enter the country and marry in the US within 90 days of entering to adjust status in the US

once you file for adjustment of status and gets the travel permit, you can return to the UK and have a wedding down the road

you must remain unmarried for the K1 to marry in the US, or the K1 will be invalid

so you know the answer already

there is no need to write to anybody, the instructions for the K1 are clear

Edited December 30, 2015 by aleful

[yuna628 9,920]

Sorry, but what you are thinking is not for those with K1 visas. With a K1 you must marry in the US. Besides that, even if you did not have a K1 it would not be legal for you to marry him in the UK without obtaining your own sort of marriage visitor visa from the UK government.

Edited December 30, 2015 by yuna628

[MACJEC 0]

I figured but thought I would ask in case, since there are so many people here with experience and I would hate to think I missed something I wish I'd known, looking back. Thank you for the replies.

[Nich-Nick 3,355]

Another way to look at it-- If you marry in the UK before entering the US, he is no longer a fiance and can't enter with the visa currently in his passport. Right?

And if he enters unmarried as a fiance, then leaves to go marry in the UK, he has no visa to come back on because he already used his one time entry as a K1. He would have to apply for a spouse visa to come back and live in the U.S.

[MACJEC 0]

I was honestly thinking like, he enters the US with the VISA and we marry within the allotted 90 days but travel abroad to marry like a destination wedding and come back married, together. The destination would just be England and I think I would have to be there 8 days at least to obtain the marriage license. But it's ok, we will follow all the rules as is! I just wondered if there was something simple that allowed it. He will be using facetime and skype for his family from May (hopefully) on anyway. We didn't get this far by breaking the rules. Again, thanks for the replies.

[KayDeeCee 4,903]

You can enter with the K-1, marry and file for AOS. You will file for the I-765(EAD-work authorization) and I-131(AP-advance parole for travel) along with the I-485. It takes about 60-90 days to receive the EAD/AP combo card, which will allow you to work(along with an SSN) and re-enter the US when traveling abroad while waiting for the green card approval.

Once you have the AP, you can leave to go have a wedding ceremony abroad and be able to re-enter the US without abandoning your AOS/green card process.

[baron555 934]

Hello forum. It's been a long road and thank you to this site for being so helpful as I quietly searched for information amidst the guides and topics. Now that the hardest part is over and we are approved, we have some planning to do. My UK born fiance gets his K1 VISA from the courier tomorrow. He plans on staying in the UK to work for a little longer before he makes his trip here but we were wondering about something and not sure where to ask this question. In all likely hood, I will be writing the government but just in case anyone here has had a similar situation, I thought I might ask!

Now we have the K1 but I would love to have the wedding for his family in England instead of broadcast via skype from the states if there is any way to do this that pleases USCIS.

Nope. If you do that then you violate the terms of the K-1.

I was wondering if they might have a process to be married outside of the states while using the K1 VISA maybe for people who decide on destination weddings?

Nope, none.

His parents are afraid to fly unfortunately and everyone is fine with just video and pictures but I would hate to find out later we could have gone back to get married in front of his very loving family if we just filled out some paper work.

Nope.

Thanks for any thoughts, tsk-tsking for being wishy washy or experiences you might have to offer!

Get married in the US. Then AOS, when you have the AP or GC, travel back and have a ceremony there.

[Unidentified 2,930]

I was honestly thinking like, he enters the US with the VISA and we marry within the allotted 90 days but travel abroad to marry like a destination wedding and come back married, together. The destination would just be England and I think I would have to be there 8 days at least to obtain the marriage license. But it's ok, we will follow all the rules as is! I just wondered if there was something simple that allowed it. He will be using facetime and skype for his family from May (hopefully) on anyway. We didn't get this far by breaking the rules. Again, thanks for the replies.

If you leave before filing AOS you'd have to start over again because the K1 visa is a one entry only visa and he would have no visa to return on. You have to marry in the US and file for Adjustment of Status and apply for work and travel authorization and after that your then husband could go back to the UK.

If you get married in the UK you have to file for spousal visa and wait about a year.

Edited December 30, 2015 by Maria&Seve

[Penguin_ie 6,002]

As the others have said, with the K1 you MUST marry in the USA. But you can do it the day he arrives in the court house, just do the legal bit, then have a big church blessing and party in the UK once your AP comes through if you want.

[Andrea&Henry 311]

you can do that (coming to the us and get married and then come back) but because the k1 visa is just a ONLY ONE ENTRY type of visa you must apply for AOS first and wait until he gets at least his advanced parole (travel permit) to do that. If he leaves the states without doing an AOS he cannot come back so you will need to file a new petition in this case a cr1 and that takes no less than 6 months to be completed.

Get married in the US, apply for AOS, wait for the advanced parole or even better, the gc and then go back to the UK to have your wedding

[xpressionz1 0]

thats possible.. but his 90days starts counting on his entrance into the US. you will be required to do a court wedding witihin the 90days of his entrance. moreso, you can go to england and have the elaborate wedding for his parents. but you wil stil do the court wedding once you enter the Us with him if not he wont an illegal immigrant after 90days. and dont forget the visa from his country of residence is a one entry type. good luck

[Anh map 2,098]

Married is married. You won't need a wedding license to have a big party in the UK (or anywhere else in the world). Do the fast, low key marriage ceremony in the US and then plan the big shindig(s) for later. Have one with friends in the US and another in the UK.

[MACJEC 0]

Thank you for the input everyone and the suggestions of the AOS is what I originally had in mind. That's definitely the route we will take and do a Christmas time visit/ceremony with his family next year. Thank you for taking the time to reply