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Filed: Country: Canada
Timeline
Posted (edited)

I recently got engaged to my boyfriend from the states and we plan to go the K1 route. I really want the wedding in Canada but I'm concerned it will impact my entering into the states. Under th K1 visa, does my legal marriage have to be in America? Can i have a ceremony in Canada and have the legal marriage in the states? SO confused about this process!

Edited by nyny
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Filed: Citizen (apr) Country: Colombia
Timeline
Posted

The legal wedding needs to take place in the States if you want to pursue a K-1 visa. You can still have a non-legal binding "ceremony" in Canada but the actual legal wedding needs to take place here.

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

Posted

Yeah, if you get married outside the U.S., you will take the spousal visa/K3 route, which is more involved and takes longer from what I understand. You get married there, and then you will have to wait in Canada for the lengthy processing before you can come here. If you want to go the K1 route, you can have a non-legally binding ceremony in Canada, and the legal one in the States, or you can go the other way and have your marriage in the U.S. and a big reception in Canada.

Neal (UK) and Cari (USA)

N-400

01-30-2013 Sent N-400 to Dallas Lockbox
02-04-2013 Package marked as "Delivered"
02-07-2013 Check cashed
02-08-2013 NOA
02-21-2013 Biometrics
02-25-2013 Inline for Interview

04-08-2013 Interview

05-31-2013 Oath Ceremony

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

The quick answer to your question is yes: if you have a K1, then you must legally marry here in the US and nowhere else. The name of the visa tells you what you need to know - it's a fiance visa. There are also spousal visas/processes, if you want to be legally married elsewhere.

You can, however, have a wedding somewhere else. Don't confuse a wedding with a marriage. If you make sure that under the laws of the place you want to have the wedding party (whatever part of Canada, etc), that your ceremony does not constitute a legal marriage, then go for it. Also important to note: at the border, if the agent says "so you're married then," the correct answer is "No." It isn't "no, well, not really, 'cause see we had a wedding in Canada but we didn't get married for reals, 'cause there was no certificate or whatever, so we aren't, like, really married, but we did have the party and stuff, okay?"

That's unnecessary information fools would share to make sure they have a longer chat at their port of entry.

If you do not get married, then you are not married. Deceptively simple, no?

Apply for no license. Sign no documents. Post no notice. Whatever would make it a marriage in Canada, DON'T DO IT. And then you'll be okay.

I-129F/K1

1-12-07 mailed to CSC

1-22-07 DHS cashes the I-129F check

1-23-07 NOA1 Notice Date

1-26-07 NOA1 arrives in the post

4-25-07 Touched!

4-26-07 Touched again!

5-3-07 NOA2!!! Two approval emails received at 11:36am

5-10-07 Arrived at NVC/5-14-07 Left NVC - London-bound!

5-17-07??? London receives?

5-20-07 Packet 3 mailed

5-26-07 Packet 3 received

5-29-07 Packet 3 returned, few days later than planned due to bank holiday weekend

6-06-07 Medical in London (called to schedule on May 29)

6-11-07 "Medical in file" at Embassy

6-14-07 Resent packet 3 to Embassy after hearing nothing about first try

6-22-07 DOS says "applicant now eligible for interview," ie: they enter p3 into their system

6-25-07 DOS says interview date is August 21

6-28-07 Help from our congressional representative gives us new interview date: July 6

7-06-07 Interview at 9:00 am at the London Embassy - Approved.

7-16-07 Visa delivered after 'security checks' completed

I-129F approved in 111 days; Interview 174 days from filing

Handy numbers:

NVC: (603) 334-0700 - press 1, 5; US State Department: (202) 663-1225 - press 1, 0

*Be afraid or be informed - the choice is yours.*

Filed: Timeline
Posted
The quick answer to your question is yes: if you have a K1, then you must legally marry here in the US and nowhere else. The name of the visa tells you what you need to know - it's a fiance visa. There are also spousal visas/processes, if you want to be legally married elsewhere.

You can, however, have a wedding somewhere else. Don't confuse a wedding with a marriage. If you make sure that under the laws of the place you want to have the wedding party (whatever part of Canada, etc), that your ceremony does not constitute a legal marriage, then go for it. Also important to note: at the border, if the agent says "so you're married then," the correct answer is "No." It isn't "no, well, not really, 'cause see we had a wedding in Canada but we didn't get married for reals, 'cause there was no certificate or whatever, so we aren't, like, really married, but we did have the party and stuff, okay?"

That's unnecessary information fools would share to make sure they have a longer chat at their port of entry.

If you do not get married, then you are not married. Deceptively simple, no?

Apply for no license. Sign no documents. Post no notice. Whatever would make it a marriage in Canada, DON'T DO IT. And then you'll be okay.

Daisy, encourgaing weddings before marriages is a very slippery slope. Please stop.

Filed: Other Timeline
Posted
The quick answer to your question is yes: if you have a K1, then you must legally marry here in the US and nowhere else. The name of the visa tells you what you need to know - it's a fiance visa. There are also spousal visas/processes, if you want to be legally married elsewhere.

You can, however, have a wedding somewhere else. Don't confuse a wedding with a marriage. If you make sure that under the laws of the place you want to have the wedding party (whatever part of Canada, etc), that your ceremony does not constitute a legal marriage, then go for it. Also important to note: at the border, if the agent says "so you're married then," the correct answer is "No." It isn't "no, well, not really, 'cause see we had a wedding in Canada but we didn't get married for reals, 'cause there was no certificate or whatever, so we aren't, like, really married, but we did have the party and stuff, okay?"

That's unnecessary information fools would share to make sure they have a longer chat at their port of entry.

If you do not get married, then you are not married. Deceptively simple, no?

Apply for no license. Sign no documents. Post no notice. Whatever would make it a marriage in Canada, DON'T DO IT. And then you'll be okay.

I'm so sick of seeing this advice I could gag.

You're so clever Daisy. I can't wait for the poster who comes back saying they took your advice and now their SO is back home in their country, the couple separated while they process a spousal visa.

Filed: Timeline
Posted

rebeccajo,

Her advice sounds fine to me - have whatever ceremony you want as long as you know the law of the jurisdiction and don't get married.

And the other advice that applies to just about all situations - answer the question that is asked without providing extraneous information that was not asked for.

Yodrak

The quick answer to your question is yes: if you have a K1, then you must legally marry here in the US and nowhere else. The name of the visa tells you what you need to know - it's a fiance visa. There are also spousal visas/processes, if you want to be legally married elsewhere.

You can, however, have a wedding somewhere else. Don't confuse a wedding with a marriage. If you make sure that under the laws of the place you want to have the wedding party (whatever part of Canada, etc), that your ceremony does not constitute a legal marriage, then go for it. Also important to note: at the border, if the agent says "so you're married then," the correct answer is "No." It isn't "no, well, not really, 'cause see we had a wedding in Canada but we didn't get married for reals, 'cause there was no certificate or whatever, so we aren't, like, really married, but we did have the party and stuff, okay?"

That's unnecessary information fools would share to make sure they have a longer chat at their port of entry.

If you do not get married, then you are not married. Deceptively simple, no?

Apply for no license. Sign no documents. Post no notice. Whatever would make it a marriage in Canada, DON'T DO IT. And then you'll be okay.

I'm so sick of seeing this advice I could gag.

You're so clever Daisy. I can't wait for the poster who comes back saying they took your advice and now their SO is back home in their country, the couple separated while they process a spousal visa.

Posted
The quick answer to your question is yes: if you have a K1, then you must legally marry here in the US and nowhere else. The name of the visa tells you what you need to know - it's a fiance visa. There are also spousal visas/processes, if you want to be legally married elsewhere.

You can, however, have a wedding somewhere else. Don't confuse a wedding with a marriage. If you make sure that under the laws of the place you want to have the wedding party (whatever part of Canada, etc), that your ceremony does not constitute a legal marriage, then go for it. Also important to note: at the border, if the agent says "so you're married then," the correct answer is "No." It isn't "no, well, not really, 'cause see we had a wedding in Canada but we didn't get married for reals, 'cause there was no certificate or whatever, so we aren't, like, really married, but we did have the party and stuff, okay?"

That's unnecessary information fools would share to make sure they have a longer chat at their port of entry.

If you do not get married, then you are not married. Deceptively simple, no?

Apply for no license. Sign no documents. Post no notice. Whatever would make it a marriage in Canada, DON'T DO IT. And then you'll be okay.

I'm so sick of seeing this advice I could gag.

You're so clever Daisy. I can't wait for the poster who comes back saying they took your advice and now their SO is back home in their country, the couple separated while they process a spousal visa.

Actually I don't see a problem with this advise. So daisy said go for a wedding if it's what will make you both happy and then when the K1 comes in do the registra thing. People do this all the time so where is the problem???

Are you sure this isn't another one of those lets jump on people and show how self important we are Dev and Reb????

Our Visa Journey

2007

2/13 - I-129F sent to TSC

7/31 - K1 - APPROVED

8/5 - POE @ Dallas/Ft. Worth

8/11 - Wedding!!

10/15 - received Greencard

2009

Got 10-year Greencard

Filed: Other Timeline
Posted

Yodrak -

I disagree.

This is a DIY site. When laypeople go messing about with 'sort of' ceremonies' things can get cocked up.

Becca

rebeccajo,

Her advice sounds fine to me - have whatever ceremony you want as long as you know the law of the jurisdiction and don't get married.

And the other advice that applies to just about all situations - answer the question that is asked without providing extraneous information that was not asked for.

Yodrak

The quick answer to your question is yes: if you have a K1, then you must legally marry here in the US and nowhere else. The name of the visa tells you what you need to know - it's a fiance visa. There are also spousal visas/processes, if you want to be legally married elsewhere.

You can, however, have a wedding somewhere else. Don't confuse a wedding with a marriage. If you make sure that under the laws of the place you want to have the wedding party (whatever part of Canada, etc), that your ceremony does not constitute a legal marriage, then go for it. Also important to note: at the border, if the agent says "so you're married then," the correct answer is "No." It isn't "no, well, not really, 'cause see we had a wedding in Canada but we didn't get married for reals, 'cause there was no certificate or whatever, so we aren't, like, really married, but we did have the party and stuff, okay?"

That's unnecessary information fools would share to make sure they have a longer chat at their port of entry.

If you do not get married, then you are not married. Deceptively simple, no?

Apply for no license. Sign no documents. Post no notice. Whatever would make it a marriage in Canada, DON'T DO IT. And then you'll be okay.

I'm so sick of seeing this advice I could gag.

You're so clever Daisy. I can't wait for the poster who comes back saying they took your advice and now their SO is back home in their country, the couple separated while they process a spousal visa.

Are you sure this isn't another one of those lets jump on people and show how self important we are Dev and Reb????

Cautious. Not self important. Cautious.

Filed: Timeline
Posted

rebeccajo,

When DIY laypeople go messing about with anything that they have not developed sufficient understanding of things can get cocked up. Happens frequently in the world of immigration, and no more frequently on this issue than on others.

No matter what one is going to do, they should understand what they're doing before they do it. TimsDaisy includes this advice in her posts.

Yodrak

Yodrak -

I disagree.

This is a DIY site. When laypeople go messing about with 'sort of' ceremonies' things can get cocked up.

Becca

Filed: Other Timeline
Posted

*shrugs*

Number One - zyggy has explained extensively in prior discussions how this can create problems at point of entry.

Number Two - I'm speaking of #######-ups that are beyond the control of the petitioner and the beneficiary. Like a well-meaning officiant who accidentally takes something to the Recorder's Office out of habit, etc.

I'm sorry but I simply don't believe it's good advice and I stand on that 100%.

Becca

rebeccajo,

When DIY laypeople go messing about with anything that they have not developed sufficient understanding of things can get cocked up. Happens frequently in the world of immigration, and no more frequently on this issue than on others.

No matter what one is going to do, they should understand what they're doing before they do it. TimsDaisy includes this advice in her posts.

Yodrak

Yodrak -

I disagree.

This is a DIY site. When laypeople go messing about with 'sort of' ceremonies' things can get cocked up.

Becca

Filed: Other Country: China
Timeline
Posted
The quick answer to your question is yes: if you have a K1, then you must legally marry here in the US and nowhere else. The name of the visa tells you what you need to know - it's a fiance visa. There are also spousal visas/processes, if you want to be legally married elsewhere.

You can, however, have a wedding somewhere else. Don't confuse a wedding with a marriage. If you make sure that under the laws of the place you want to have the wedding party (whatever part of Canada, etc), that your ceremony does not constitute a legal marriage, then go for it. Also important to note: at the border, if the agent says "so you're married then," the correct answer is "No." It isn't "no, well, not really, 'cause see we had a wedding in Canada but we didn't get married for reals, 'cause there was no certificate or whatever, so we aren't, like, really married, but we did have the party and stuff, okay?"

That's unnecessary information fools would share to make sure they have a longer chat at their port of entry.

If you do not get married, then you are not married. Deceptively simple, no?

Apply for no license. Sign no documents. Post no notice. Whatever would make it a marriage in Canada, DON'T DO IT. And then you'll be okay.

Having a wedding party sometime between visa issuance and departure for the US, is very common among K1 folks coming from China. I think it is smarter to hold the party after the visa is in hand but it really isn't critical. What is critical is that you don't represent that you are "married" until you're married. People are either married or they are not. Anybody who doesn't know the difference should not be handling their own visa paperwork.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted
The quick answer to your question is yes: if you have a K1, then you must legally marry here in the US and nowhere else. The name of the visa tells you what you need to know - it's a fiance visa. There are also spousal visas/processes, if you want to be legally married elsewhere.

You can, however, have a wedding somewhere else. Don't confuse a wedding with a marriage. If you make sure that under the laws of the place you want to have the wedding party (whatever part of Canada, etc), that your ceremony does not constitute a legal marriage, then go for it. Also important to note: at the border, if the agent says "so you're married then," the correct answer is "No." It isn't "no, well, not really, 'cause see we had a wedding in Canada but we didn't get married for reals, 'cause there was no certificate or whatever, so we aren't, like, really married, but we did have the party and stuff, okay?"

That's unnecessary information fools would share to make sure they have a longer chat at their port of entry.

If you do not get married, then you are not married. Deceptively simple, no?

Apply for no license. Sign no documents. Post no notice. Whatever would make it a marriage in Canada, DON'T DO IT. And then you'll be okay.

Having a wedding party sometime between visa issuance and departure for the US, is very common among K1 folks coming from China. I think it is smarter to hold the party after the visa is in hand but it really isn't critical. What is critical is that you don't represent that you are "married" until you're married. People are either married or they are not. Anybody who doesn't know the difference should not be handling their own visa paperwork.

That hits the nail on the head.

I-129F/K1

1-12-07 mailed to CSC

1-22-07 DHS cashes the I-129F check

1-23-07 NOA1 Notice Date

1-26-07 NOA1 arrives in the post

4-25-07 Touched!

4-26-07 Touched again!

5-3-07 NOA2!!! Two approval emails received at 11:36am

5-10-07 Arrived at NVC/5-14-07 Left NVC - London-bound!

5-17-07??? London receives?

5-20-07 Packet 3 mailed

5-26-07 Packet 3 received

5-29-07 Packet 3 returned, few days later than planned due to bank holiday weekend

6-06-07 Medical in London (called to schedule on May 29)

6-11-07 "Medical in file" at Embassy

6-14-07 Resent packet 3 to Embassy after hearing nothing about first try

6-22-07 DOS says "applicant now eligible for interview," ie: they enter p3 into their system

6-25-07 DOS says interview date is August 21

6-28-07 Help from our congressional representative gives us new interview date: July 6

7-06-07 Interview at 9:00 am at the London Embassy - Approved.

7-16-07 Visa delivered after 'security checks' completed

I-129F approved in 111 days; Interview 174 days from filing

Handy numbers:

NVC: (603) 334-0700 - press 1, 5; US State Department: (202) 663-1225 - press 1, 0

*Be afraid or be informed - the choice is yours.*

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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