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Posted (edited)

I am a more frequent user who wanted to ask a question anonymously so made this account. 

 

My fiance had her her interview for K1 visa visa about four months ago and she was given AP status. We have been patient and emailing the consulate regularly for an update. We finally got an update that our visa has NOT been returned to the US and is still going through processing in her country "to determine her eligibility " there is nothing about either of us that should make her ineligible. 

 

We are willing to be patient but if its still a long time we want to get married and file CR1 instead of waiting indefinitely. If we get married and haven't filed our CR1 yet, and get notice of approval for the K1 could we just....pretend we never got married? Have her come here and we get married in the US? Would the US automatically know about a marriage overseas? 

 

Not trying to commit visa fraud by lying to anyone of course, just curious if when she immigrated with a K1 if they would know we had gotten married. 

Edited by WaitingForK1
Posted (edited)
11 minutes ago, WaitingForK1 said:

I am a more frequent user who wanted to ask a question anonymously so made this account. 

 

My fiance had her her interview for K1 visa visa about four months ago and she was given AP status. We have been patient and emailing the consulate regularly for an update. We finally got an update that our visa has NOT been returned to the US and is still going through processing in her country "to determine her eligibility " there is nothing about either of us that should make her ineligible. 

 

We are willing to be patient but if its still a long time we want to get married and file CR1 instead of waiting indefinitely. If we get married and haven't filed our CR1 yet, and get notice of approval for the K1 could we just....pretend we never got married? Have her come here and we get married in the US? Would the US automatically know about a marriage overseas? 

 

Not trying to commit visa fraud by lying to anyone of course, just curious if when she immigrated with a K1 if they would know we had gotten married. 

The thing is, if you do CR-1 now, you have to wait all over again. Just give it a bit more time.

 

Doesn't sound like a good idea to get married and then enter using the K-1 because the marriage date won't match up with her entry date. Obviously if she comes in with the K-1, the marriage date should be after.

Edited by KULtoATL

For my I-129F, K-1, AOS, EAD, AP and ROC detailed timelines, please refer to my timeline page :)

ROC filed on December 1, 2020, assigned to SRC, approved within 106 days on February 18, 2021.

My sincerest gratitude to all VJers, especially the late geowrian.

 

Posted

That would be clear visa fraud. Entering on a K-1 is solely for the purpose of getting married in the US, and she must maintain visa eligibility (being free to marry) to use the visa. Any future immigration benefit (GC or even citizenship) she obtained in the future could be stripped from her.

 

CBP will likely ask her if she is married, when she plans to marry, etc. It would come out there as well. This all around is a very, very bad idea and nobody here can condone it as it violates the VJ TOS.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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