Fiance Visa (K1) Issued

[KlametJourney 11]

A friend of mine Fiance was approved and issued a K1 Visa, but within weeks of the visa being issue, they married before her fiance enter the U.S. She still oversea and after receiving information through another friend, he is now concerned that her visa is no longer valid as they are now husband and wife and may not be allowed to enter the U.S with the K1 Visa. Can she use this visa to enter the U.S or they are screwed-up? If so, what options do they have?

 

Thanks for all the responses and help! 

[ThomasNC1988 762]

Did they get for real married? If they did they are no longer eligible for K-1. If they just had a ceremony or whatever they are likely good to still enter on K-1. They will likely ask at entry are you married and do you intend to get married. If the correct answer to the question is yes I am married, there are likely to be issues.

[payxibka 10,044]

4 minutes ago, yumitho said:

A friend of mine Fiance was approved and issued a K1 Visa, but within weeks of the visa being issue, they married before her fiance enter the U.S. She still oversea and after receiving information through another friend, he is now concerned that her visa is no longer valid as they are now husband and wife and may not be allowed to enter the U.S with the K1 Visa. Can she use this visa to enter the U.S or they are screwed-up? If so, what options do they have?

 

Thanks for all the responses and help! 

They messed up.   She needed to enter the USA as a single person.  They must now start over for a spousal visa 

[Crazy Cat 39,135]

If they are "husband and wife", then she can not enter the US via the K-1 visa......They will have to start all over with a CR-1....

[KlametJourney 11]

Further details I had left out. In terms of RELIGIOUS they are married but administrative/judicial they aren't as they have to go those offices to get the license along with their witness who attended the religious ceremony. Can this save them?

 

Thanks, 

[Jedi JayR 43]

8 minutes ago, yumitho said:

A friend of mine Fiance was approved and issued a K1 Visa, but within weeks of the visa being issue, they married before her fiance enter the U.S. She still oversea and after receiving information through another friend, he is now concerned that her visa is no longer valid as they are now husband and wife and may not be allowed to enter the U.S with the K1 Visa. Can she use this visa to enter the U.S or they are screwed-up? If so, what options do they have?

 

Thanks for all the responses and help! 

Hmm I think that's going to be fraud, and grounds for deportation if they found out. I guess the US citizen will have to petition as spouse CR1 or K3.

[Crazy Cat 39,135]

1 minute ago, yumitho said:

Further details I had left out. In terms of RELIGIOUS they are married but administrative/judicial they aren't as they have to go those offices to get the license along with their witness who attended the religious ceremony. Can this save them?

 

Thanks, 

It depends on the local customs and laws for that country.......but it sounds like they are married, imo.   It would be risky to enter the US.....If this is discoved after entry, it could jeopardize any immigration benefits. 

[ThomasNC1988 762]

3 minutes ago, yumitho said:

Further details I had left out. In terms of RELIGIOUS they are married but administrative/judicial they aren't as they have to go those offices to get the license along with their witness who attended the religious ceremony. Can this save them?

 

Thanks, 

I would say yes, because when asked are you married the honest answer is no in my opinion.

[Crazy Cat 39,135]

2 minutes ago, Jedi JayR said:

Hmm I think that's going to be fraud, and grounds for deportation if they found out. I guess the US citizen will have to petition as spouse CR1 or K3.

K3s are useless....they are obsolete...They are almost always closed in favor of a CR-1.

[ThomasNC1988 762]

1 minute ago, missileman said:

It depends on the local customs and laws for that country.......but it sounds like they are married, imo.   It would be risky to enter the US.....If this is discoved after entry, it could jeopardize any immigration benefits. 

Right really depends on if the law in their country makes them married after a religious ceremony, my answer assumed it didn't, but in many places it does.

[Kowatti 189]

8 minutes ago, yumitho said:

Further details I had left out. In terms of RELIGIOUS they are married but administrative/judicial they aren't as they have to go those offices to get the license along with their witness who attended the religious ceremony. Can this save them?

 

Thanks, 

 

Does the person in question have a computer to set up an account on VJ?  It's always best for VJ members to communicate directly to the individual who has the concerns.  You are nice for trying to help your fiance's friend.  I hope all goes well for them, but K-1 is intended for getting married in the US within 90 days of arrival.    

Edited February 26, 2019 by PandT

[Roel 7,191]

They screwed up and they need a spouse visa now. K1 is useless. 

 

EVEN if they somehow manage to enter on k1, there is a chance that later the spouse will be deported - as soon as USCIS finds out they enter using fiance visa while married, they are screwed and stripped of their green card. Even if this comes up down the road when they apply for the citizenship, they risk deportation. 

 

Ask your friends if they want to live with that fear. 

Edited February 26, 2019 by Roel

[mushroomspore 3,043]

15 minutes ago, yumitho said:

Further details I had left out. In terms of RELIGIOUS they are married but administrative/judicial they aren't as they have to go those offices to get the license along with their witness who attended the religious ceremony. Can this save them?

 

Thanks, 

Hm, it depends on what country they're from. From what I understand, even a religious ceremony in some parts of the world are recognized as fully legal marriages, even if the paperwork was not yet signed. No idea why they decided to do this when they were basically done with the K1 process and were about to get married in the US anyways. I would not risk using the K1 at all. The legal consequences are way too dire. Tell them to cancel the K1 and start over with a CR1.

[usmsbow 795]

23 minutes ago, yumitho said:

Further details I had left out. In terms of RELIGIOUS they are married but administrative/judicial they aren't as they have to go those offices to get the license along with their witness who attended the religious ceremony. Can this save them?

 

Thanks, 

 

Was this in Guinea? Kinda important info, since every country has different marital laws. For instance, if it were Indonesia, the couple would be ok if they were not Muslim since they weren't legally married yet, but if they were Muslim, they'd be considered legally married since Muslim religious ceremony=legally married*... 

 

*At least according to my wife. I concede I have not looked closely at Indonesian marriage laws... 

 

 

 

 

[KlametJourney 11]

Yes, the wife is from Guinea and they both Muslim. What I know it's widely considered legal marriage but not sure what the law says. 

 

I have asked my friend to get an answer from a judge at the one of the tribunal courts since he is there and after he will decided whether this visa still valid or we need to proceed with CR1.

 

Thanks for all of the hepl!