May not receive K1 in time for wedding - please help!

[PandK2016 0]

Hi,

My fiancee (US) and I (UK) got engaged in January this year (2016) - we decided to have the wedding in August of this year. After research...we decided to apply for a K1 and to begin planning the wedding! We wanted to get the fiance visa in order to do everything as official as possible. We were worried that the border people might not like it that I went to the US to get married without making them 'aware'.

I will not be living in the US (at least for another few years) - so currently the plan is for myself (UK) to go to the US, get married and return to the UK.

So in February we began our application for the K1.

But now we face an issue...

We misunderstood how long the K1 would take to fully process... looking at the waiting times for other people, it might not get fully processed till September (assuming everything goes smoothly) ..but the wedding is planned for August and lots of things are booked - so changing the date is not an option.

So we're a little unsure of what to do.

• One option, we're considering not moving forward with the K1 visa and for myself to simply visit the US as a typical 'ESTA Tourist', and then get married out there. - But the issue here is...will they see that we had applied for a K1 visa earlier in the year and get suspicious that I'm entering the US with 'intent to immigrate' ?!

• Or, do we continue the K1 visa, but 'pause' at the point where I need to send my passport off to get the VISA put in it. I then enter the US as an 'ESTA Tourist' and have the wedding BUT..do not officially get married. We'll just 'fake' it at the ceremony. I then return to the UK, complete the K1 application and return to the US later for an official ceremony to then get actually married (before returning to the UK once again)

Thanks for taking the time to read this, hope you can help!

-Please remember that I am not planning to stay in the US ...we wonder if that might help our situation...

Current state of K1: So far we have received the NOA1 and are waiting for it to be approved for the NOA2

[Boiler 43,436]

Put the wedding date back would seem to be the obvious call.

Edited March 7, 2016 by Boiler

[Pitaya 2,576]

Welcome to the forum.

Alas, you broke one of the cardinal rules of the visa process: Do not make any non-refundable, non-changeable engagements,reservations, plans until the visa is in your passport, and your passport is in your hands.

It seems that you have painted yourself in the corner, so to speak. Never fear, it isn't the first time it has happened and very likely not the last.

Personally, we opted for a courthouse ceremony. That being said, I am certain that you will be getting lots of possible viable solutions.

Good luck on your immigration journey.

[PandK2016 0]

Welcome to the forum.

Alas, you broke one of the cardinal rules of the visa process: Do not make any non-refundable, non-changeable engagements,reservations, plans until the visa is in your passport, and your passport is in your hands.

It seems that you have painted yourself in the corner, so to speak. Never fear, it isn't the first time it has happened and very likely not the last.

Personally, we opted for a courthouse ceremony. That being said, I am certain that you will be getting lots of possible viable solutions.

Good luck on your immigration journey.

Hi! Thanks for the reply.

We're well aware how silly we've been!

I think the TLDR question would be - is cancelling a K1 visa in the very early stage of the process going to be an issue if I want to come on a tourist visa to get married instead?

(not planning to stay in the US ...it would be a 'holiday' for 2 weeks)

Edited March 7, 2016 by PandK2016

[Boiler 43,436]

Hi! Thanks for the reply.

We're well aware how silly we've been!

I think the TLDR question would be - is cancelling a K1 visa in the very early stage of the process going to be an issue if I want to come on a tourist visa to get married instead?

(not planning to stay in the US ...it would be a 'holiday' for 2 weeks)

Then you would be looking at a CR1 and say a year processing, is that OK?

[yuna628 9,528]

Hi,

My fiancee (US) and I (UK) got engaged in January this year (2016) - we decided to have the wedding in August of this year. After research...we decided to apply for a K1 and to begin planning the wedding! We wanted to get the fiance visa in order to do everything as official as possible. We were worried that the border people might not like it that I went to the US to get married without making them 'aware'.

I will not be living in the US (at least for another few years) - so currently the plan is for myself (UK) to go to the US, get married and return to the UK.

So in February we began our application for the K1.

But now we face an issue...

We misunderstood how long the K1 would take to fully process... looking at the waiting times for other people, it might not get fully processed till September (assuming everything goes smoothly) ..but the wedding is planned for August and lots of things are booked - so changing the date is not an option.

So we're a little unsure of what to do.

• One option, we're considering not moving forward with the K1 visa and for myself to simply visit the US as a typical 'ESTA Tourist', and then get married out there. - But the issue here is...will they see that we had applied for a K1 visa earlier in the year and get suspicious that I'm entering the US with 'intent to immigrate' ?!

• Or, do we continue the K1 visa, but 'pause' at the point where I need to send my passport off to get the VISA put in it. I then enter the US as an 'ESTA Tourist' and have the wedding BUT..do not officially get married. We'll just 'fake' it at the ceremony. I then return to the UK, complete the K1 application and return to the US later for an official ceremony to then get actually married (before returning to the UK once again)

Thanks for taking the time to read this, hope you can help!

-Please remember that I am not planning to stay in the US ...we wonder if that might help our situation...

Current state of K1: So far we have received the NOA1 and are waiting for it to be approved for the NOA2

Okay wow..

You've filed for a K1 but you don't intend to live in the US with your spouse once you have married them for a few years? This is certainly legal to do. You obtain the K1, marry within 90 days and return home. But guess what? You will not be able to return to the US and live with your spouse in the future unless you then obtain a marriage/spousal visa. This process not only will cost additional fees but takes an even more lengthy amount of time then K1 does. If you're okay with that, right?

Since you have already started the K1 process, and paid the fees, it seems rather silly to not continue on this path.. just bear in mind what you're going to have to do in the future to live together. If you applied in Feb baring no complications, it is foreseeable that your August wedding is viable but not a guarentee, though anything is possible, and this is why the government specially warns you NOT to make wedding plans until visa is in hand or is directly necessary. You're on the government's timeline and not your own here. If you have to cancel a big wedding, you have to cancel it. A lot of persons get married at a courthouse when they have their visa, and hold a big wedding at a later date. An additional thought here is that once the person has the visa, they have 5 months from the date of their medical to enter the US, meaning if needed to make bigger plans a wedding can be delayed.

The other ideas are kind of dubious at best here and I don't think work to your advantage.. You have some tough choices to think about here.

Keep in mind you are being processed at California Service Center, which is still moving speedy these days. There's the rest of the process to complete once you get an NOA2, which can be done within a few extra months onto the timeline.

Edited March 7, 2016 by yuna628

[PandK2016 0]

This process not only will cost additional fees but takes an even more lengthy amount of time then K1 does. If you're okay with that, right?

The idea being that once we do the K1 - the later spouse visa would be a lot quicker, as it seems to be the case after reading online.

[yuna628 9,528]

The idea being that once we do the K1 - the later spouse visa would be a lot quicker, as it seems to be the case after reading online.

Nope. K1 is faster. Spousal will take longer. The only difference between the two is: at the end of the K1 process you adjust your status from inside the US, and must wait to work until authorized, but at least you remain not separated. For spousal the process is longer, but at the end of it, the spouse can enter the US and work immediately.

[Unlockable 7,306]

Rule #1: Never talk about the Fight Club. (sorry, I couldn't resist)

Rule #2: Never book anything that can't be changed until visa is in hand.

So you posted two options. with option 1 you are basically asking if there can be any issues (ex: denied entry) in the future with you visiting the states. Technically any non USC can be denied entry. If you petition is withdrawn it MAY be questioned. To be honest there is no definitely answer. Maybe... Maybe not.

Option 2 is more of a risk for you. Search the site and you will find that there have been people who have been denied because they had ceremony-like events which seemed too much like a wedding.

You still have option 3 which is change your wedding date.

[PandK2016 0]

Rule #1: Never talk about the Fight Club. (sorry, I couldn't resist)

Rule #2: Never book anything that can't be changed until visa is in hand.

So you posted two options. with option 1 you are basically asking if there can be any issues (ex: denied entry) in the future with you visiting the states. Technically any non USC can be denied entry. If you petition is withdrawn it MAY be questioned. To be honest there is no definitely answer. Maybe... Maybe not.

Option 2 is more of a risk for you. Search the site and you will find that there have been people who have been denied because they had ceremony-like events which seemed too much like a wedding.

You still have option 3 which is change your wedding date.

Hi,

Thanks for the reply.

I think we'll go with option 1. Do you have any idea about whether the border guard would see that we applied for a K1...and then what happens if I am asked if I plan on getting married...I realize that might look like I have 'intent to immigrate' - even though I don't. I'll only be in the US for 2 weeks and she will move to the UK a few months after.

[Unlockable 7,306]

Hi,

Thanks for the reply.

I think we'll go with option 1. Do you have any idea about whether the border guard would see that we applied for a K1...and then what happens if I am asked if I plan on getting married...I realize that might look like I have 'intent to immigrate' - even though I don't. I'll only be in the US for 2 weeks and she will move to the UK a few months after.

The only advice I can give you about answering questions from an customs officer is to tell the truth.

VJ member HFM181818 may provide better insight on this as he is a retired customs officer. I do remember him posting in another thread a while back his experiences similar to this where he would encounter people claiming to be only visiting the US for a "vacation" then when they go through their luggage they find wedding dresses.

[Abby&Colin 40]

Bring things with you that show you have have ties to your home country and tell them you are going to file CR1 visa when you get home.

[yuna628 9,528]

Hi,

Thanks for the reply.

I think we'll go with option 1. Do you have any idea about whether the border guard would see that we applied for a K1...and then what happens if I am asked if I plan on getting married...I realize that might look like I have 'intent to immigrate' - even though I don't. I'll only be in the US for 2 weeks and she will move to the UK a few months after.

K1 will need to be cancelled first, you cannot marry while it is active. Yes they can see things, and no you should never attempt to lie or even bend the truth. Why is it that the date for the wedding cannot be moved by the way? While money may be committed, vendors can be understanding when it comes to immigration and unexpected happenings even for a normal wedding.

[dmck 80]

If you are not going to live in the US, don't file for a K1 or CR1 until you are ready to live here. You have to be here to be a permanent resident.

[Boiler 43,436]

If you are not going to live in the US, don't file for a K1 or CR1 until you are ready to live here. You have to be here to be a permanent resident.

Agree

Why did you file for the K1?