Marrying Fiance while K1 visa is processing

[cspence10 18]

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

[JennaL 151]

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.

[Crazy Cat 39,192]

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....

[Ash.1101 1,755]

If you get married at all, you will have to withdrawl your K-1 visa and do a spousal visa.

K-1 is to allow you to get married in the US and then stay in and AOS.

One of the requirements of K-1 is that you have to be legally able to marry, which you can't if you're already married.

Note that they will know if you got married and came in on a K-1, for AOS you have to submit your marriage license and they WILL see your marriage happened BEFORE the K-1 visa was issued.

In that case they can just straight up deny the AOS and start removal proceedings based on the fact you would have lied to receive the K-1 visa.

If you love your future wife, you won't try to skirt around USCIS and you will do things the right way. Do not jeopardize her future due to impatience.

Edited March 25, 2019 by Ash.1101

[Perfect two 💑 1,147]

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

[aaron2020 11,651]

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 March 25, 2019 by aaron2020

[Ash.1101 1,755]

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.
 

[aaron2020 11,651]

1 minute ago, Ash.1101 said:

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.
 

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.  

[Ash.1101 1,755]

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.

[cspence10 18]

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. 

[cspence10 18]

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

[Ash.1101 1,755]

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.

[Crazy Cat 39,192]

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.

[aaron2020 11,651]

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

Then why were you concern with "How would the US Government know?"  If you were going to be completely honest and disclose everything, you shouldn't be concern with how would they know because you would tell them about the marriage in Mexico.  

 

LOL.  Indeed.  

[cspence10 18]

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.