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JZKG

Dual National marriage to Single National in US state, non-immigration enquiry

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Posted (edited)

Hello everyone,

 

I'm not sure of how to best locate this post and to whom I should be writing. Here is my situation:

 

I have dual citizenship (US & Poland), passports from each, ID cards, US birth certificate. Currently I live and work full-time in Poland, essentially as a Polish citizen even though I may not fit in culturally. Nevertheless, my fiancee has Polish citizenship only (PL passport, with a standard US tourist visa). 

 

We are planning to have a civil marriage outside of this country, namely in Hawaii. But we are not looking to change her status to immigration. We'd just like to get married in Hawaii and then come back to Poland. 

 

The issues I am having are:

1) How does US law view my situation (dual citizenship)? When I set foot on US soil, I am a US citizen, who will be marrying a non-US national inside the US. 

2)  What documentation do we need to start in order to have a civil wedding in Hawaii BEFORE we book venues, flights, etc.? 

3) Is holding a ceremony in the US (between a US citizen and non-US national) easier than I think it to be? 

 

Any insight or forwarding information would be greatly appreciated. 

 

Kind regards, 

J&K

Edited by JZKG

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Posted (edited)

1.  Non-Issue

2.  This might be helpful: https://www.hawaii-guide.com/getting-married-in-hawaii

3.  Non-Issue.  Many people come to the US to marry, then leave.

 

As long as your fiance is legally admitted into US, there shouldn't be an issue........good luck.

Edited by missileman

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11 hours ago, missileman said:

1.  Non-Issue

2.  This might be helpful: https://www.hawaii-guide.com/getting-married-in-hawaii

3.  Non-Issue.  Many people come to the US to marry, then leave.

 

As long as your fiance is legally admitted into US, there shouldn't be an issue........good luck.

 

Thank you very much for your information and the link you provided. 

 

Wishing you the best. 

J&K

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If 

13 hours ago, JZKG said:

 

We are planning to have a civil marriage outside of this country, namely in Hawaii. But we are not looking to change her status to immigration. We'd just like to get married in Hawaii and then come back to Poland. 

If you are getting married in the USA and then immediately going back to Poland, why are you getting a K-1 visa for her?

 

If your goal is to get an English language marriage certificate, fly to London or Gibraltar instead and get married there.  

 

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**Thread moved from K-1 to Tourist visas since OP plans do not include residing in the US****


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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
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  • 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 hour ago, Mike E said:

If 

If you are getting married in the USA and then immediately going back to Poland, why are you getting a K-1 visa for her?

 

If your goal is to get an English language marriage certificate, fly to London or Gibraltar instead and get married there.  

 

Hello, 

 

Pardon the misunderstanding. I am not looking to set up / get her K-1 Visa. My enquiry was rather about the legalities of a US national and a non-US national having a civil wedding on US soil, but with no intention for immigration at the moment. Sorry if my post was confusing. 

 

Cheers, 

J&K

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Posted (edited)
2 minutes ago, JZKG said:

Hello, 

 

Pardon the misunderstanding. I am not looking to set up / get her K-1 Visa. My enquiry was rather about the legalities of a US national and a non-US national having a civil wedding on US soil, but with no intention for immigration at the moment. Sorry if my post was confusing. 

 

Cheers, 

J&K

As above, no problem if no immigrant intent. Many people do destination weddings in the US (Hawaii and Vegas in particular), with only one or neither being USCs. 

Edited by SusieQQQ

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2 minutes ago, missileman said:

**Thread moved from K-1 to Tourist visas since OP plans do not include residing in the US****

 

1 minute ago, JZKG said:

Hello, 

 

Pardon the misunderstanding. I am not looking to set up / get her K-1 Visa. My enquiry was rather about the legalities of a US national and a non-US national having a civil wedding on US soil, but with no intention for immigration at the moment. Sorry if my post was confusing. 

 

Cheers, 

J&K

You posted in the K-1 forum, hence my confusion. 

 

What you plan to do is legal. 

 

Whether it will convince a CBP Officer at POE is another.  She and you will have to show convincing  ties to Poland   

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8 hours ago, Mike E said:

She and you will have to show convincing  ties to Poland  

OP is a US citizen......


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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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4 minutes ago, missileman said:

OP is a US citizen......

I am not questioning a USA citizen's right to enter his country with impunity.

 

If I am a CBP officer at POE listening to this story, I am more likely to let her enter if I think both of them have ties to each other in Poland. According https://en.wikipedia.org/wiki/Visa_Waiver_Program, Poland is still not part of the visa waiver program. Red flag 1.

 

If I as the CBP officer think the fiance has ties to the USA,, that is red flag 2. 

 

If she didn't have a visa today, if I am the CO at the embassy/consulate, these are red flags, and I am not issuing the visa.

 

I am a dual citizen of Canada. The most surprising question the CO asked my then fiancee interviewing for her K-2 visa was whether she intended to live in Canada or the USA. The CO was satisfied with her answer.

 

If a CO isn't convinced an American living in the USA for nearly 40 years has ties to the USA when considering whether to allow his fiancee to come to the USA, then I can easily imagine a CBP officer in the USA being unconvinced by the story being presented her if the officer thinks OP will be staying in the USA after he marries his fiancee.

 

That OP posted in the K-1 forum is interesting to me.

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20 minutes ago, Mike E said:

 

 

That OP posted in the K-1 forum is interesting to me.

OP clearly stated in his first post he was confused about what visa was needed/what forum to post in. He’s not the first, and I’m sure won’t be the last, to think that a special visa is needed for a marriage in the US. There are apparently countries where you cannot get married on a normal tourist visa even if it is just a destination wedding, so being confused about what is needed for the US is not so surprising. He also clearly stated the intent to marry here and return to Poland. I think you are reading too much into his posting in the wrong forum.

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15 hours ago, Mike E said:

I am not questioning a USA citizen's right to enter his country with impunity.

 

If I am a CBP officer at POE listening to this story, I am more likely to let her enter if I think both of them have ties to each other in Poland. According https://en.wikipedia.org/wiki/Visa_Waiver_Program, Poland is still not part of the visa waiver program. Red flag 1.

 

If I as the CBP officer think the fiance has ties to the USA,, that is red flag 2. 

 

If she didn't have a visa today, if I am the CO at the embassy/consulate, these are red flags, and I am not issuing the visa.

 

I am a dual citizen of Canada. The most surprising question the CO asked my then fiancee interviewing for her K-2 visa was whether she intended to live in Canada or the USA. The CO was satisfied with her answer.

 

If a CO isn't convinced an American living in the USA for nearly 40 years has ties to the USA when considering whether to allow his fiancee to come to the USA, then I can easily imagine a CBP officer in the USA being unconvinced by the story being presented her if the officer thinks OP will be staying in the USA after he marries his fiancee.

 

That OP posted in the K-1 forum is interesting to me.

It’s probably a good thing that you are not a CO at the embassy if you’d deny a visa to a Polish citizen, living in Poland with another Polish citizen (yes, he also happens to be a USC but with no foothold in the USA at the moment) who just wants to get married in Hawaii with no immigration intent.

 

Your wife’s K-1 was processed in Canada which is notoriously picky and strict on the domicile issue due to its proximity to the USA and the particularly high number of people who apply for immigrant visas for the USA but want to try and live in both countries (to maintain Canadian healthcare benefits, for example, whilst working in the US). The question is often asked by Montreal and with good reason. It’s no reflection on your status or integrity, but based on the hundreds before you who have bent and broken the rules. 

 

The OP posted in the K-1 section, as many do, because many people erroneously believe that a foreign national needs a K-1 visa to marry in the USA even if they are not intending to stay and even if they are not marrying a USC. It’s an honest and common mistake. Many Brits think they need a visa to get married here because the UK requires all non-EU nationals marrying in the UK to have a marriage visa so they assume other countries have similar rules. Even if they are not planning to live in the UK they need a visa to marry there. You need a visa there just for the marriage to be legal. So that often leads to confusion.

 

None of us was born knowing all this. We are all on a learning curve. 


 

 

 

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Just to add to this...I’m an organizer on the site which means I am one of the people who moves threads to the correct place. If I had a dollar for every post that was in the wrong place I’d retire tomorrow.... I don’t why this OP has been treated with such suspicion for doing something almost everyone here has done at some point...


 

 

 

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3 minutes ago, JFH said:

Just to add to this...I’m an organizer on the site which means I am one of the people who moves threads to the correct place. If I had a dollar for every post that was in the wrong place I’d retire tomorrow.... I don’t why this OP has been treated with such suspicion for doing something almost everyone here has done at some point...

I am sure its because nobody makes mistakes,  but the again,  I find it interesting that his fiancee was a K-2.  


YMMV

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