K1 - Intentional Delay

[Noah&Caroline 2]

Hello!

 

I am the US citizen filing for my fiancé Caroline who lives in Germany. We have some timeline questions before we file.

 

The situation is this: We intend to get legally married in the 90 day window next June after we have our ceremony in Germany. That would mean we need the approval no earlier than January. If we file now, and it somehow gets to be approved before years end, could we delay the interview with the embassy at the “Foreign beneficiary compiles required forms to send to embassy” step? As in, will the appointment for interview only be issued once those forms have been gathered and sent or does she simply have a set timeframe to compile that and send it?

 

I appreciate any help and guidance on this.

[payxibka 10,044]

2 minutes ago, Noah&Caroline said:

Hello!

 

I am the US citizen filing for my fiancé Caroline who lives in Germany. We have some timeline questions before we file.

 

The situation is this: We intend to get legally married in the 90 day window next June after we have our ceremony in Germany. That would mean we need the approval no earlier than January. If we file now, and it somehow gets to be approved before years end, could we delay the interview with the embassy at the “Foreign beneficiary compiles required forms to send to embassy” step? As in, will the appointment for interview only be issued once those forms have been gathered and sent or does she simply have a set timeframe to compile that and send it?

 

I appreciate any help and guidance on this.

You can drag your feet some.  

[JFH 12,189]

What ceremony are you planning to have in Germany? 

[Just Paul 4,591]

Good luck trying to get immigration to conform to your timeline. . . 

 

and don't have any type of ceremony that remotely resembles a wedding.

[Noah&Caroline 2]

1 minute ago, Paul & Mary said:

Good luck trying to get immigration to conform to your timeline. . . 

 

and don't have any type of ceremony that remotely resembles a wedding.

Why is that? 

[Noah&Caroline 2]

33 minutes ago, JFH said:

What ceremony are you planning to have in Germany? 

So there are 2 forms in Germany. 1 is the Civil wedding where you are wed at a courthouse (which we are not doing) and 2. Just whatever party Or ceremony you want, no minister or anything need be involved.

[JFH 12,189]

I’m aware of the types. I was raised in Germany too and the UK has a similar set up. Be careful with ceremonies. Any indication of a wedding could cause problems. They might believe that you are already married and proving a negative is almost impossible. 

[Just Paul 4,591]

10 minutes ago, Noah&Caroline said:

Why is that? 

Because the Golden Rule of Immigration is not to make any plans for a travel, ceremonies, sell assets, quits jobs before your have the Visa in Hand and it is correct.

 

An example is the current situation where consulates have cancelled all interviews for the foreseeable future.

[payxibka 10,044]

They ask for the social media handles, these pictures will likely be posted all over the place

[ninetoes 3]

To mirror what the above comments state. DO NOT have a ceremony in Germany before your wedding in the States. It has caused issues before for other couples and given the months you've spent waiting it's really not worth the risk. 

 

As far as the embassy is concerned you must get married IN the States. Any indication otherwise can throw up red flags in their eyes. 

 

I know it's a pain to organise but it's far safer to get married in the States and THEN return to Germany for another ceremony.

[Noah&Caroline 2]

Just now, JFH said:

I’m aware of the types. I was raised in Germany too and the UK has a similar set up. Be careful with ceremonies. Any indication of a wedding could cause problems. They might believe that you are already married and proving a negative is almost impossible. 

Okay, thank you for the advice. I just now came across the advisories to NOT have a ceremony before legally getting married.

 

So once she gets approved and comes into the US to marry, she cannot leave back to Germany for the ceremony before AP is approved or is it simply enough to apply? 

[payxibka 10,044]

5 minutes ago, Noah&Caroline said:

Okay, thank you for the advice. I just now came across the advisories to NOT have a ceremony before legally getting married.

 

So once she gets approved and comes into the US to marry, she cannot leave back to Germany for the ceremony before AP is approved or is it simply enough to apply? 

Approved 

[SalishSea 16,800]

Really sounds like you're more suited to a CR-1 visa.  

 

Even before there was an unprecedented global pandemic occurring, K-1 visa processing times were too uncertain to plan around.  Most of us eloped.  If you need to be able to make concrete plans, get married and file for a spousal visa.

[jaysaldi 209]

In 2019, some people go their K-1visas in less than 6 months. Some took 11 months or more.  With the coronavirus upending everything, I think it's hard to predict if you file now whether she gets the visa in October or next June. 

 

If I were you, I'd file now, because my concern would be the K-1 being delayed and not coming too soon.

 

I dragged my feet for a month on my wife's visa, we waited about 30 days to submit the DS-160 form after we were told we could submit it. The DS-160 is what prompts the interview scheduling.

I recommend filing now and then if things are moving really fast (unlikely) you will have a chance to pump the brakes a bit. 

 

I wouldn't make any wedding plans for at least six months until you see how things are progressing, because right now there's not enough certainty you'd be able to marry in June in the USA.

 

Also, in response to everyone saying "don't have a ceremony resembling a wedding in Germany" I think they really mean "don't have a ceremony like that until she gets the visa." Once she gets the visa, you can have that kind of ceremony in Germany. It's just that consulates have rejected some visa applicants who had ceremonies that looked too much like a wedding, saying "you appear to be married already, I can't give you a fiancee visa, apply for a spouse visa."

[jaysaldi 209]

12 hours ago, Noah&Caroline said:

 

 

So once she gets approved and comes into the US to marry, she cannot leave back to Germany for the ceremony before AP is approved or is it simply enough to apply? 

Once she enters the USA on a K-1 visa, she can't leave and come back until she gets Advance Parole. Which could be 4-7 months after you get married and file to adjust status.