Can I apply for K-1 visa when I will be getting married overseas?

[jaehoppa 1]

Ok so I'm a US citizen living in US and my fiancee is a Korean citizen living in Korea.  We've been in a long distance relationship for about 2 years now and I will go going to Korea next month (mid-Feb) to get married in Korea in March.  

I know there are a couple of ways to bring her here, I-130 and I-129F (fiance visa), etc.

I want to get her over here as soon as possible so I'm considering the Fiance Visa route.  

My question is, can I file the Fiance Visa even if I will be having the wedding ceremony in Korea?  I was thinking of starting the K-1 process now before I leave for Korea, get married in Korea, then when she gets approved to come to the state, have a court marriage within 90 days.

Would this be ok as long as the wedding in Korea is not legally reported to the Korean government?   

If I go the I-130 route after I get the marriage certificate from Korea and then file the I-130 after I return,  what's the typical time period before she can come to the state VS fiance visa route?

Thanks in advance.

[Roel 7,191]

No. K1 holders HAVE TO get married in the USA, during the period of 90 days since the arrival.

If you marry oversees, you have no choice but do the spouse visa.

Spouse visa takes about 9 + months so there is no chance she'll be coming back with you to the US.

 

You CANNOT file for the fiance visa after you have the wedding ceremony in Korea. Doesn't matter what kind of "wedding" ceremony you do. If you get married and file for K1 visa, you will BE DENIED and have to file for the spouse visa anyway.

 

You have no idea how those things works...

 

Edited January 26, 2017 by Roel

[jaehoppa 1]

4 minutes ago, Roel said:

No. K1 holders HAVE TO get married in the USA, during the period of 90 days since the arrival.

If you marry oversees, you have no choice but do the spouse visa.

Spouse visa takes about 9 + months so there is no chance she'll be coming back with you to the US.

 

You CANNOT file for the fiance visa after you have the wedding ceremony in Korea. Doesn't matter what kind of "wedding" ceremony you do. If you get married and file for K1 visa, you will BE DENIED and have to file for the spouse visa anyway.

 

You have no idea how those things works...

 

I don't expect her to come back with me to the states when I return in April.  I know it will take some time.  

But how would US government or Korean government know that we got married in Korea if we don't report the wedding?  

[Roel 7,191]

Go through the forum and check how many people got their K1 visa denied because they did "traditional wedding", "wedding party" or other kind of wedding ceremony. They also thought no one will find out. You sure you wanna risk? I mean, by all means, go ahead if you want.

[geowrian 22,336]

If you are getting married in Korea, K-1 isn't an option. That's only for fiances. Planning to get married and bringing her on a K-1 would be difficult at best, and would be visa fraud if you tried anyway. Once married, you cannot use a K-1. They will likely require evidence that she is not married anyway.

 

2 minutes ago, jaehoppa said:

I don't expect her to come back with me to the states when I return in April.  I know it will take some time.  

But how would US government or Korean government know that we got married in Korea if we don't report the wedding?  

1) Doesn't matter. It's misrepresentation. Do NOT go down that path. You are risking years and thousands/tens of thousands of dollars for a chance of having her ever enter the US.

2) They are pretty thorough. They can take her phone in the interview and check it for photos, messages, call people, etc.

[Dutchster 1,106]

Traditional marriages. You are too married for the Fiance Visa and not married enough for the Spousal Visa. You'll have to make a decision; either you will bring her to the United States as your fiance to marry her within 90 days on the K1 visa to suffice the purpose and afterwards adjust her status or you fly out to her, you will get officially married and you will return to the US to prepare the CR-1 package. She'll enter the US with the spousal visa as your wife and upon arrival receive a 2yr greencard.

[jaehoppa 1]

ok then my other question is, if I go with the spouse visa route, can she travel to the states to visit me while the process is taking place or she has to wait for approval?  

[Ben&Zian 4,397]

Most important word is above... "Misrepresentation" which can carry a ban.

 

Why risk it? Get married in Korea and file for CR-1... or don't marry and just file for the K-1 and then marry in the US. Simple stuff.

[Ben&Zian 4,397]

Just now, jaehoppa said:

ok then my other question is, if I go with the spouse visa route, can she travel to the states to visit me while the process is taking place or she has to wait for approval?  

 

She can.... but she needs to be able to show strong ties to home and that she is planning to return to Korea at the end of her stay, and does not plan to immigrate on a tourist visa. It is always up to immigrations when she tries to enter the US.

[geowrian 22,336]

2 minutes ago, jaehoppa said:

ok then my other question is, if I go with the spouse visa route, can she travel to the states to visit me while the process is taking place or she has to wait for approval?  

Technically, yes she can. However, she needs to prove strong ties to her returning country, especially once she has documented immigrant intent. Many have done this fine. Some have been granted a visa but then turned away at POE by CBP. It's all about proving to CBP that she has a compelling reason to leave the US.

[jaehoppa 1]

yeah she will only be visiting to see me for a few weeks max.  I'm not gonna have her stay here longer than intended.  

[jaehoppa 1]

If I start the CR-1 (i-130) process in early April, when can I expect her to come to the states legally and permanently?

[geowrian 22,336]

2 minutes ago, jaehoppa said:

If I start the CR-1 (i-130) process in early April, when can I expect her to come to the states legally and permanently?

Roughly 10-12 months after filing. Potentially longer, but around 10 months is average right now.

[jaehoppa 1]

4 minutes ago, geowrian said:

Roughly 10-12 months after filing. Potentially longer, but around 10 months is average right now.

thanks.

maybe i should've file the K-1 a while ago then have a court ceremony here and gone back to Korea for the actually wedding.  

[KierenHby 897]

3 hours ago, jaehoppa said:

thanks.

maybe i should've file the K-1 a while ago then have a court ceremony here and gone back to Korea for the actually wedding.  

You have this whole thing WRONG. 

As long as she is your fiance.. ie you're NOT married, you file the K1. She comes to the US, and gets married. There is no wedding in Korea, just a celebration. 

If you get married, hiding the marriage from Korea or the US to get her here 'faster' is misrepresentation and could invite charges of fraud!!!!!

 

Didn't you post here recently on this topic under a different handle? Your name\topic sounds familiar; or was it a different forum?