A few questions while K1 is pending

[alexo 3]

Hi, I will soon submit the I-129F petition for Alien fiance. I just had a few questions.

1. I know that evidence needs to be sent to show that we met in the last two years. I want to include extra evidence to show this relationship is legit and not for fraud. So, I was wondering if it would be OK to send documents related to reserving a wedding hall for wedding ceremony (our wedding is in May 2017). The reason why I ask is because our wedding ceremony is in Korea, but the actual marriage will be filed in the United States. So even though we have a ceremony, we won't be actually married legally until she comes over using the K1 visa. I'm hoping the wedding abroad, but marriage in U.S. doesn't throw off the case manager.

2. While the K1 is pending, will she be required to do any paper work? If so, can it be done while she is visiting in the United States? We had an alternative plan for her to immigrate here, but decided to switch to the K1. Part of the old plan was her visiting the US in March, and then I would return with her to Korea in May for the wedding ceremony. My worry is that with the average time of 5 months processing (California service center), she is suddenly called for an interview before mid May, and she is still over here visiting, or she has to do paperwork that is required of her to stay in Korea. Does the medical exam for my fiance need to be done in Korea since she lives over there?

3. Is it only the beneficiary that is at the interview?

4. When should I file DS-160 (or is it beneficiary that files it?) and I-134?

Thank you.

Edited December 29, 2016 by alexo

[USC1961 251]

I'm confused here. It is my understanding that you are required to marry in the USA with a K1 visa. Also how can you "file" a marriage performed outside of the jurisdiction which you preside?

Or do you mean you are planning to throw a wedding party and then get legally married in the USA? Tread lightly as you don't want to get denied based on evidence that "looks" like a wedding.

[geowrian 22,337]

Hi, I will soon submit the I-129F petition for Alien fiance. I just had a few questions.

1. I know that evidence needs to be sent to show that we met in the last two years. I want to include extra evidence to show this relationship is legit and not for fraud. So, I was wondering if it would be OK to send documents related to reserving a wedding hall for wedding ceremony (our wedding is in May 2017). The reason why I ask is because our wedding ceremony is in Korea, but the actual marriage will be filed in the United States. So even though we have a ceremony, we won't be actually married legally until she comes over using the K1 visa. I'm hoping the wedding abroad, but marriage in U.S. doesn't throw off the case manager.

2. While the K1 is pending, will she be required to do any paper work? If so, can it be done while she is visiting in the United States? We had an alternative plan for her to immigrate here, but decided to switch to the K1. Part of the old plan was her visiting the US in March, and then I would return with her to Korea in May for the wedding ceremony. My worry is that with the average time of 5 months processing (California service center), she is suddenly called for an interview before mid May, and she is still over here visiting, or she has to do paperwork that is required of her to stay in Korea. Does the medical exam for my fiance need to be done in Korea since she lives over there?

3. Is it only the beneficiary that is at the interview?

4. When should I file DS-160 (or is it beneficiary that files it?) and I-134?

Thank you.

Welcome!

1. What you're planning is called "front loading" the petition. There's merits and drawbacks to this approach. Generally, if you don't have any flags that you want to explain to them beforehand, then front loading isn't the best approach. From a slightly more technical level, the advantage of front loading is that any documents you provide to them with the petition or via RFEs prior to the NOA2 cannot be used as a reason for denial during the interview (since it has already been reviewed and petition approved). That said, the flip side is that any document you provide to them can also be used against you. It's your call on what you do, but I personally think trying to explain that you're having a wedding abroad but aren't getting married is just going to open a can of worms.

   Edit: And yes, any actual wedding would not be permitted. I assume you meant wedding ceremony...not an actual wedding.

2. Sorry for not directly answering your question, but I want to bring up a more basic issue. Does she already have a visa issued? While your K1 is being processed, it's generally difficult to get approval for a non-immigrant visa. The concern is that they will enter the US with the intention of immigrating here anyway, or is otherwise visa shopping. If she already has a visa, there's still potential for her to have issues at the POE if they see a pending immigrant visa (again...the concern being is there's recorded immigrant intent). I'll defer to others here to provide more detail, but I just wanted to giver you a heads up that visiting the US while having a pending K1/K3/CR-1/IR-1 may present issues.
3. It varies from embassy to embassy. Some permit the USC to be there and some do not. I don't believe it's a requirement for the USC to be there at any, though. What country is she coming from?
4. I'm not too familiar with the DS-160, sorry. As for the I-134, generally this would be something for the interview, not submitted with the I-129f.

Good luck!

Edited December 29, 2016 by geowrian

[Ray&Ash 271]

Hi Alexo,

Points regarding your concerns:

1. NO kind of marriage can be performed before you apply for K1. K1 is a fiance visa, and if you're married you'll be required to file i130 not i129f. You may choose to keep the wedding hidden etc, but why create unnecessary stress? I suggest just do an engagement and then file for K1.

2. Beneficiary ( she) doesnt need to do anything when i129F is being filed by you. She just needs to give you a signed G325A and a signed letter of intent to marry. You also need all the supporting documents liek pics/letters etc to show as proof of relationship.

It is going to be difficult for her to visit on a B1/B2 if already K1 is filed. She may be denied entry at POE. Thats why many people who have filed for immigration visas do not plan on travelling on tourist visas to wait out the period as it might be looked at as a fraudulent entry.

Yes she needs to give he medical in Korea.

3. Yes only the beneficiary is required.

4. Beneficiary files DS160 after NOA2. Also, you need to provide her i134 and all other financial docs of support before she files for the interview.

All the best

[A'n'L 735]

Hi, I will soon submit the I-129F petition for Alien fiance. I just had a few questions.

1. I know that evidence needs to be sent to show that we met in the last two years. I want to include extra evidence to show this relationship is legit and not for fraud. So, I was wondering if it would be OK to send documents related to reserving a wedding hall for wedding ceremony (our wedding is in May 2017). The reason why I ask is because our wedding ceremony is in Korea, but the actual marriage will be filed in the United States. So even though we have a ceremony, we won't be actually married legally until she comes over using the K1 visa. I'm hoping the wedding abroad, but marriage in U.S. doesn't throw off the case manager.

2. While the K1 is pending, will she be required to do any paper work? If so, can it be done while she is visiting in the United States? We had an alternative plan for her to immigrate here, but decided to switch to the K1. Part of the old plan was her visiting the US in March, and then I would return with her to Korea in May for the wedding ceremony. My worry is that with the average time of 5 months processing (California service center), she is suddenly called for an interview before mid May, and she is still over here visiting, or she has to do paperwork that is required of her to stay in Korea. Does the medical exam for my fiance need to be done in Korea since she lives over there?

3. Is it only the beneficiary that is at the interview?

4. When should I file DS-160 (or is it beneficiary that files it?) and I-134?

Thank you.

1) You may and should certainly send extra evidence of your relationship. However, DO NOT send any documents relating to your Korean wedding ceremony. In fact, you should postpone this ceremony until after you have been married in the US. As others have briefly mentioned, you must not pursue any kind of wedding ceremony (religious, traditional, non-legal - it does not matter) before she has entered the US on the K1 visa. Not only will her visa be denied, she may also be denied entry at POE if there are any evidences showing anything resembling the two of you getting married before she enters the US as a K1 fiancé.

2) She needs to do the medical in the country she will interview (Korea). She must also collect paperwork (birth certificate, police records, divorce decrees etc) to bring to the interview. This might take time, depending on the country. Be aware that the CSC is currently working faster than the official timelines (time from NOA1 to NOA2 appears to be 1-2 months atm).

3) Usually. Some countries allow (and suggest) that the petitioner is also present.

4) The beneficiary files the DS160 after the embassy has receiced the case. The petitioner files the I134 and the beneficiary brings it to the interview.

Do some reading and good luck!

[Suss&Camm 2,213]

4) The beneficiary files the DS160 after the embassy has receiced the case. The petitioner files the I134 and the beneficiary brings it to the interview.

Do some reading and good luck!

Just adding that the DS-160 can actually be filed at any time after NOA2 is received since you only need this receipt number and the DS-160 does not expire as long as the info on it is current.

[alexo 3]

Welcome!

1. What you're planning is called "front loading" the petition. There's merits and drawbacks to this approach. Generally, if you don't have any flags that you want to explain to them beforehand, then front loading isn't the best approach. From a slightly more technical level, the advantage of front loading is that any documents you provide to them with the petition or via RFEs prior to the NOA2 cannot be used as a reason for denial during the interview (since it has already been reviewed and petition approved). That said, the flip side is that any document you provide to them can also be used against you. It's your call on what you do, but I personally think trying to explain that you're having a wedding abroad but aren't getting married is just going to open a can of worms.

   Edit: And yes, any actual wedding would not be permitted. I assume you meant wedding ceremony...not an actual wedding.

2. Sorry for not directly answering your question, but I want to bring up a more basic issue. Does she already have a visa issued? While your K1 is being processed, it's generally difficult to get approval for a non-immigrant visa. The concern is that they will enter the US with the intention of immigrating here anyway, or is otherwise visa shopping. If she already has a visa, there's still potential for her to have issues at the POE if they see a pending immigrant visa (again...the concern being is there's recorded immigrant intent). I'll defer to others here to provide more detail, but I just wanted to giver you a heads up that visiting the US while having a pending K1/K3/CR-1/IR-1 may present issues.
3. It varies from embassy to embassy. Some permit the USC to be there and some do not. I don't believe it's a requirement for the USC to be there at any, though. What country is she coming from?
4. I'm not too familiar with the DS-160, sorry. As for the I-134, generally this would be something for the interview, not submitted with the I-129f.

Good luck!

1. Correct. I meant wedding ceremony (non-legal marriage. Just a party). Not actually getting married. I guess I should find out whether weddings are legally binding in South Korea. Even if it isn't, I'll have to make sure it's OK with the K1. Don't really want to delay the wedding party, but I guess I have to if it comes down to it.

2. No visa for travel is necessary since she can come on a ESTA visa (visa waiver program). Does the ESTA make things easier?

3. She is coming from South Korea.

[alexo 3]

1) You may and should certainly send extra evidence of your relationship. However, DO NOT send any documents relating to your Korean wedding ceremony. In fact, you should postpone this ceremony until after you have been married in the US. As others have briefly mentioned, you must not pursue any kind of wedding ceremony (religious, traditional, non-legal - it does not matter) before she has entered the US on the K1 visa. Not only will her visa be denied, she may also be denied entry at POE if there are any evidences showing anything resembling the two of you getting married before she enters the US as a K1 fiancé.

2) She needs to do the medical in the country she will interview (Korea). She must also collect paperwork (birth certificate, police records, divorce decrees etc) to bring to the interview. This might take time, depending on the country. Be aware that the CSC is currently working faster than the official timelines (time from NOA1 to NOA2 appears to be 1-2 months atm).

3) Usually. Some countries allow (and suggest) that the petitioner is also present.

4) The beneficiary files the DS160 after the embassy has receiced the case. The petitioner files the I134 and the beneficiary brings it to the interview.

Do some reading and good luck!

1.) .... Got it.

Thanks for the other info!

[geowrian 22,337]

1. Correct. I meant wedding ceremony (non-legal marriage. Just a party). Not actually getting married. I guess I should find out whether weddings are legally binding in South Korea. Even if it isn't, I'll have to make sure it's OK with the K1. Don't really want to delay the wedding party, but I guess I have to if it comes down to it.

2. No visa for travel is necessary since she can come on a ESTA visa (visa waiver program). Does the ESTA make things easier?

3. She is coming from South Korea.

1. Right. I'm not familiar with SK's customs. If the ceremony is still generally viewed as a marriage (even if no formal marriage license is seeked), it will likely throw flags. That said, an engagement party is perfectly fine (and even required by some customs and they can deny the petition for not having one in an area where it's customary to have one). It's just that the appearance of anything related to a wedding will likely raise questions that can cause issues both now and with the AOS process later.
2. Yes it does. You should be fine then, AFAIK. ESTA didn't even cross my my mind, but shouldn't be a problem.
3. Thanks. Unfortunately, I don't have any info to provide on SK's embassy policies. You shouldn't be required to be there, but I don't know whether or not you are permitted to be there with her or not.

Edited December 29, 2016 by geowrian

[Ebunoluwa 6,136]

Do not submit any Korean wedding celebration evidence, even if it is not legally binding. You are risking a denial.

Do not do the Korean wedding until you can safely do so when she will be here and has her travel doc authorization.

Instead you can submit any wedding plans you have made here in the US. Venue, cake, catering etc or small reception

with family after a court wedding somewhere here. Don't make deposits for wedding plans before visa is in hand.

[alexo 3]

1. Right. I'm not familiar with SK's customs. If the ceremony is still generally viewed as a marriage (even if no formal marriage license is seeked), it will likely throw flags. That said, an engagement party is perfectly fine (and even required by some customs and they can deny the petition for not having one in an area where it's customary to have one). It's just that the appearance of anything related to a wedding will likely raise questions that can cause issues both now and with the AOS process later.
2. Yes it does. You should be fine then, AFAIK. ESTA didn't even cross my my mind, but shouldn't be a problem.
3. Thanks. Unfortunately, I don't have any info to provide on SK's embassy policies. You shouldn't be required to be there, but I don't know whether or not you are permitted to be there with her or not.

1. Would a non-legal wedding ceremony in Korea after the interview is passed and K1 in hand be ok? Or should the ceremony happen after AOS is completely done? We hoped the wedding ceremony should be in Korea because all my relatives, and her family, friends, and relatives are in Korea, while it's just me, my mom, and dad traveling to Korea for a ceremony. The other way around would be hugely inconvenient.

Edit after reading Ebunoluwa's post: i guess planning the wedding ceremony in Korea (actual marriage certificate before deputy auditor would be done in Washington State) would be best after the AOS is complete.

Edited December 29, 2016 by alexo

[Ben&Zian 4,398]

Yes best to do it after AOS with AP issued. As others said, people have been denied visa's and such just for having even a photo of an 'engagement party' where the CO believed it to actually be a wedding instead. Avoid the hassle and postpone it now. Saves yourself a lot of stress.

[David & Diana R 1,005]

Hi, I will soon submit the I-129F petition for Alien fiance. I just had a few questions.

1. I know that evidence needs to be sent to show that we met in the last two years. I want to include extra evidence to show this relationship is legit and not for fraud. So, I was wondering if it would be OK to send documents related to reserving a wedding hall for wedding ceremony (our wedding is in May 2017). The reason why I ask is because our wedding ceremony is in Korea, but the actual marriage will be filed in the United States. So even though we have a ceremony, we won't be actually married legally until she comes over using the K1 visa. I'm hoping the wedding abroad, but marriage in U.S. doesn't throw off the case manager.

2. While the K1 is pending, will she be required to do any paper work? If so, can it be done while she is visiting in the United States? We had an alternative plan for her to immigrate here, but decided to switch to the K1. Part of the old plan was her visiting the US in March, and then I would return with her to Korea in May for the wedding ceremony. My worry is that with the average time of 5 months processing (California service center), she is suddenly called for an interview before mid May, and she is still over here visiting, or she has to do paperwork that is required of her to stay in Korea. Does the medical exam for my fiance need to be done in Korea since she lives over there?

3. Is it only the beneficiary that is at the interview?

4. When should I file DS-160 (or is it beneficiary that files it?) and I-134?

Thank you.

You CAN NOT get married ANYWHERE and then bring her to the US on a K-1. DO NOT GET MARRIED prior to her arriving in the US!!!

[David & Diana R 1,005]

1. Correct. I meant wedding ceremony (non-legal marriage. Just a party). Not actually getting married. I guess I should find out whether weddings are legally binding in South Korea. Even if it isn't, I'll have to make sure it's OK with the K1. Don't really want to delay the wedding party, but I guess I have to if it comes down to it.

2. No visa for travel is necessary since she can come on a ESTA visa (visa waiver program). Does the ESTA make things easier?

3. She is coming from South Korea.

You can't have any party that looks even remotely like a wedding. People have been denied K-1 visa just for having what they call "An engagement party" in the homeland of the immigrant.

[LionessDeon 2,060]

Please use the search tool and you will see all kinds of prior posts on "Non legal wedding".

You can follow the guides and K1 flow chart to see the order of occurance

http://www.visajourney.com/content/k1flow

Embassy info states fiance is able to be present at interview. http://www.visajourney.com/consulates/index.php?ctry=South%20Korea&cty=Seoul

It helpful to list your country on your profile.