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cspence10

Marrying Fiance while K1 visa is processing

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Hello all. 

 

I was wondering. My fiancee and I have a k1 visa in that we submitted 3/4 and we got NOA1 3/7 or 9 or something like that. I am wondering, if we get married in her home country (mexico) would we have to resubmit all of the paperwork? We want to get married in August, for some religious reasons and it would be our anniversary, and the K1 visa will likely not be done by then but it will be close I am sure. My question is, if we get married in Mexico, would we need to cancel this visa and submit a different one? I would imagine no because the U.S. would never know that we were married in Mexico I dont think, and we could still get married in the states. But im not sure. So what do you all think?

 

Thanks

 

Cedric

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4 minutes ago, cspence10 said:

Hello all. 

 

I was wondering. My fiancee and I have a k1 visa in that we submitted 3/4 and we got NOA1 3/7 or 9 or something like that. I am wondering, if we get married in her home country (mexico) would we have to resubmit all of the paperwork? We want to get married in August, for some religious reasons and it would be our anniversary, and the K1 visa will likely not be done by then but it will be close I am sure. My question is, if we get married in Mexico, would we need to cancel this visa and submit a different one? I would imagine no because the U.S. would never know that we were married in Mexico I dont think, and we could still get married in the states. But im not sure. So what do you all think?

 

Thanks

 

Cedric

Yes, you would need to cancel the K1 and start over with a spousal visa. Having your wife enter the US on a K1 visa would be immigration fraud if you had previously gotten married.


I-129F Sent: 12/29/17

I-129F NOA 1: 1/4/18

I-129F NOA 2: 7/9/18

NVC Received: 7/18/18

Consulate Received: 8/9/18

Packet 3 Received: 8/13/18

Interview Date: 9/20/18

Interview Result: Administrative Processing

 

Visitors visa interview: December 2016, called back by embassy for second interview on same visa application January 2019 - visa continues to be in Administrative Processing.

 

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If you marry outside the US, you would have to withdraw the I-129f and start the CR-1 process from the beginning.........no refunds....


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
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  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
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  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
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12 minutes ago, cspence10 said:

Hello all. 

 

I was wondering. My fiancee and I have a k1 visa in that we submitted 3/4 and we got NOA1 3/7 or 9 or something like that. I am wondering, if we get married in her home country (mexico) would we have to resubmit all of the paperwork? We want to get married in August, for some religious reasons and it would be our anniversary, and the K1 visa will likely not be done by then but it will be close I am sure. My question is, if we get married in Mexico, would we need to cancel this visa and submit a different one? I would imagine no because the U.S. would never know that we were married in Mexico I dont think, and we could still get married in the states. But im not sure. So what do you all think?

 

Thanks

 

Cedric

If you have decide to marry her at Mexico, you need to cancel your K-1 visa and apply for spouse visa after you married her. K-1 Visa is for a couple who are engaged and will move to States and get marry here. Don't take a risk by assuming "US would never know". Still proceed with K-1 Visa even after plan to married before enter to U.S is consider as Visa Fraud. Therefore :

1) If you really want to get marry at mexico first - cancel your K-1 and submit your application for spouse visa

2) If you decide to marry at U.S first then do ceremony at mexico - continue with K-1

 

** Never lie to immigration officer and never plan to commit a visa fraud


DISCLAIMER: I'm not working with USCIS/NVC and never work with them. All my comment based on my own experience and what I read. 

 

"When you have a fight with your partner, remember that it is not you against your partner but it is both of you against the problem" :) 

 

 
I-129F Sent : 2017-05-12

I-129F NOA1 :

I-129F NOA2:

2017-06-17

2017-11-29 (Date on hard copy) / 2017-11-30 (Date USCIS Website/Online Tracker App)

NVC Received Date:                 2018-01-16

NVC Case No. assigned:         2018-01-16

NVC Left:                                    2018-01-20

Consulate Received:                2018-01-22

Packet 3 Received:                   2018-01-27

Packet 3 Sent:                           2018-01-27

Interview Date:                          2018-03-08

Visa Received:                          2018-03-13

US Entry:                                    2018-03-19

SSN Application:                      2018-04-03

SSN Received:                          2018-05-02

Marriage:                                   2018-05-05

Marriage Certificate

Received:                                   2018-05-15

Change name in SSN:             2018-06-04

AOS, AP & EAD submitted:    2018-07-06

NOA 1 (email):                          2018-07-10

NOA 1 (mail):                            2018-07-16

Biometric app:                          2018-08-09

EAD & AP Received:                2018-xx-xx

AOS Interview:                          2018-09-24 
Approval/Denied:                      Approved 

Green Card Received:             2018-09-29

 

 

 

 

 

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Posted (edited)
21 minutes ago, cspence10 said:

Hello all. 

 

I was wondering. My fiancee and I have a k1 visa in that we submitted 3/4 and we got NOA1 3/7 or 9 or something like that. I am wondering, if we get married in her home country (mexico) would we have to resubmit all of the paperwork? We want to get married in August, for some religious reasons and it would be our anniversary, and the K1 visa will likely not be done by then but it will be close I am sure. My question is, if we get married in Mexico, would we need to cancel this visa and submit a different one? I would imagine no because the U.S. would never know that we were married in Mexico I dont think, and we could still get married in the states. But im not sure. So what do you all think?

 

Thanks

 

Cedric

If you get married, then your wife no longers qualifies for a K-1 fiance visa.  

 

There is no possible way for you to marry in Mexico in August and use the K-1 visa.  First, it would be visa fraud if she marries in Mexico and then uses the K-1 visa.  Second, it would be a gigantic mistake to use the K-1 visa and then return to Mexico in August.  The timeframe would not work out for her to get AP.

 

We're sure.  We're sure you would be committing visa fraud.  Good luck when your inability to appreciate the law bites you in the behind.  You know it's fraud to hide your marriage to the US Government when using a K-1 visa.  Seems like you were hoping for some assurance that the US Government wouldn't find out.

I think you need to decide how important it is to marry in Mexico in August versus being together in the US.  I think you need to decide if committing immigration fraud is worth looking over your shoulders for the rest of your lives knowing that even US citizenship can be stripped if there is immigration fraud.  

 

Quoting Clint Eastwood in my head.

Edited by aaron2020

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1 minute ago, aaron2020 said:

If you get married, then your wife no longers qualifies for a K-1 fiance visa.  

 

There is no possible way for you to marry in Mexico in August and use the K-1 visa.  First, it would be visa fraud if she marries in Mexico and then uses the K-1 visa.  Second, it would be a gigantic mistake to use the K-1 visa and then return to Mexico in August.  The timeframe would not work out for her to get AP.

 

We're sure.  We're sure you would be committing visa fraud.  Good luck when your inability to appreciate the law bites you in the behind.  You know it's fraud to hide your marriage to the US Government when using a K-1 visa.  Seems like you were hoping for some assurance that the US Government wouldn't find out.

I think you need to decide how important it is to marry in Mexico in August versus being together in the US.  I think you need to decide if committing immigration fraud is worth looking over your shoulders for the rest of your lives knowing that even US citizenship can be stripped if there is immigration fraud.  

 

Quoting Clint Eastwood in my head.



I'm assuming that they haven't researched the whole process.

They think the US government wouldn't know they got married pre-K1 visa, but they have to submit their marriage certificate for AOS. It would be very easy to put 2 and 2 together.
 


*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

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Just now, aaron2020 said:

Homeboy was thinking about committing fraud.

 

He wanted to hide his marriage in Mexico, then use the K1 to marry in the US and submit only the US marriage certificate and not disclose the Mexican certificate. 

 

The mere idea of "How would the US Government know" is a pretty good indication of contemplating fraud.  No one who wants to follow the immigration process legally is thinking about hiding a foreign marriage certificate.  



LOL

You're right I didn't think of that. And then to think he's going to get married in two countries. 

Yea I could see all of this going veeerrrry well.


*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

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Thanks all for the responses. 

 

The point was to get married in both countries. Not to just get married in Mexico and then not get married and just submit for AOS

 

Lol you guys are off the wall and quick to jump to conclusions over a basic question. No one was trying to "hide" a marriage. Nor was I trying to commit fraud. It's a simple question of if I am married in Mexico, how does the U.S. recognize. A simple "it doesnt work" would suffice. Thank you

1 minute ago, aaron2020 said:

Homeboy was thinking about committing fraud.

 

He wanted to hide his marriage in Mexico, then use the K1 to marry in the US and submit only the US marriage certificate and not disclose the Mexican certificate. 

 

The mere idea of "How would the US Government know" is a pretty good indication of contemplating fraud.  No one who wants to follow the immigration process legally is thinking about hiding a foreign marriage certificate.  

LMAO ,, ur ridiculous. You guys sure know a lot about people based on a question. 

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24 minutes ago, JennaL said:

Yes, you would need to cancel the K1 and start over with a spousal visa. Having your wife enter the US on a K1 visa would be immigration fraud if you had previously gotten married.

I will say thank you to you, since you were the only person to answer the question without your hair catching on fire and jumping to conclusions lol

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Just now, cspence10 said:

Thanks all for the responses. 

 

The point was to get married in both countries. Not to just get married in Mexico and then not get married and just submit for AOS

 

Lol you guys are off the wall and quick to jump to conclusions over a basic question. No one was trying to "hide" a marriage. Nor was I trying to commit fraud. It's a simple question of if I am married in Mexico, how does the U.S. recognize. A simple "it doesnt work" would suffice. Thank you



It's probably because people here all the time have engagement parties, and don't actually get married, but send pics and info of those parties and USCIS believes they are married. Those people get denied when they aren't even married.

It's rare to see someone just willing to get married in another country and then try to ride it out. It's not something here we see everyday.


*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

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1 minute ago, cspence10 said:

Thanks all for the responses. 

 

The point was to get married in both countries. Not to just get married in Mexico and then not get married and just submit for AOS

 

Lol you guys are off the wall and quick to jump to conclusions over a basic question. No one was trying to "hide" a marriage. Nor was I trying to commit fraud. It's a simple question of if I am married in Mexico, how does the U.S. recognize. A simple "it doesnt work" would suffice. Thank you

You can marry in both countries:

 

K-1:  First marriage must be inside US.

CR-1:  First marriage must be outside US.


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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1 minute ago, Ash.1101 said:



It's probably because people here all the time have engagement parties, and don't actually get married, but send pics and info of those parties and USCIS believes they are married. Those people get denied when they aren't even married.

It's rare to see someone just willing to get married in another country and then try to ride it out. It's not something here we see everyday.

Yeah well thanks for jumping to conclusions. Not sure why you would assume someone just wants to break the law instead of the fact I just want to be married to my girl anyway I can, as soon as possible.

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