K1 visa - can we marry in CNMI?

[Purcari1984 25]

Hello all,

 

I'm currently in the process of petitioning my fiancé for a K-1 visa.  She has her interview scheduled in mid-January and assuming all goes well we are hoping she is approved and is able to join me in the U.S. shortly afterwards.  

 

Meanwhile, my company has asked me to take a long-term assignment in the Northern Mariana Islands (CNMI), which is a U.S. territory near Guam.   I normally live in California;  the original plan for my fiancé and me was to have her come to California (from her home in Europe) where we would wed and eventually apply for permanent resident status and apply for a social security number.  Now it looks like I will be in CNMI before my fiancé completes her interview and despite CNMI being a U.S. territory, I'm not sure if we are allowed to get married there under the terms of her anticipated K-1 visa.  We have 3 options to get her from Europe to either the U.S./CNMI and get married which I've listed below:

 

1. She travels from Europe to California and stays in California for a few days.  Eventually travels to CNMI through Hawaii and Guam. We get married in CNMI.
2. She travels from Europe to CNMI with layovers in Singapore and Seoul.  We get married in CNMI
3. She travels from Europe to California and I travel from CNMI to California where we meet.  We get married in CA and then travel to CNMI together through Hawaii and Guam.  

 

I would greatly prefer option #1 as this would allow her to move her things into my place in CA and then join me in CNMI without interrupting my work schedule.  If we can't do options 1 or 2, then I'd guess we'd have to go with option #3;  have me return to California where we can get married there and apply for an SSN before we return to CNMI for the next couple years. 

 

I'd like to get feedback specifically on whether on not we can do option #1 or #2 while meeting our specific goals of fulfilling the marriage requirement (for the K-1 visa) and having her apply permanent resident status and a SSN.  I have checked and did see there is a SS office in CNMI so I think it's more a question on whether we are allowed to get married there or not and whether she can travel there directly or is required to go through the continental U.S.  

 

Thank you in advance.  

 

[TBoneTX 45,498]

Another option:  have you asked your company to delay your relocation until your fiancee can make it to California?  The unknown sticking point would be Covid-related travel delays/restrictions.

[Purcari1984 25]

4 minutes ago, TBoneTX said:

Another option:  have you asked your company to delay your relocation until your fiancee can make it to California?  The unknown sticking point would be Covid-related travel delays/restrictions.

 

Unfortuately this is not an option.  They are asking me to travel urgently, specifically to avoid any potential Covid-restrictions.   I'm scheduled to fly out next week;  I'd be able to delay my departure a week or two but certainly not long enough to wait for my fiance to arrive.  

[Duke & Marie 1,389]

3 minutes ago, Purcari1984 said:

 

Unfortuately this is not an option.  They are asking me to travel urgently, specifically to avoid any potential Covid-restrictions.   I'm scheduled to fly out next week;  I'd be able to delay my departure a week or two but certainly not long enough to wait for my fiance to arrive.  

Another option, let her come and you fly home on leave to great her, then fly back.... she could always stay where you currently reside and while you work away from home... she could spend her time planning the wedding etc and you could fly home again for that before she file AOS and travel authority.. 

 

while not ideal, it’s doable... my hubby live/works in shipping he’s away for 30 days at a time

[TBoneTX 45,498]

46 minutes ago, Duke & Marie said:

Another option

This has potential.  You do have 90 days during which to marry, although it's unwise to cut things TOO close.  Maybe talk with your company superiors and find out when the opportunities for leave will occur.

 

Of course, the drawback would be her unfamiliarity with the culture and how things work here, especially if you lack a support network in California.

Edited January 1, 2021 by TBoneTX

[Loren Y 2,755]

Marriage in california has been taking a long time. 6&8 weeks to schedule, then 6-8 weeks to get your marriage certificate. If you and her can find a way to get to Las Vegas, NV together for about a hour of your time, I can get you both married with certificate in your hands in an hour, then you can do whatever you need to as you will have everything you need for AOS. Message me if you want to do a Vegas wedding. I don't charge VJ members for the service. 

[TBoneTX 45,498]

This is more of a USCIS question, but you might want to phone some CBP offices (in CNMI for sure, and probably your point of departure in California) to ask the supervisor on duty for views about whether a marriage in CNMI is a "U.S." marriage for K-1 purposes.

 

Edited to add:  I forgot all about Loren Y's availability, generosity, and comparative desirability geographically.  This sounds like a winner, if you can swing it.

Edited January 1, 2021 by TBoneTX

[TBoneTX 45,498]

And you seem to have it worked out that, if you married in the continental U.S., her itinerary to CNMI would solely be via Hawaii and Guam, with no diversions to places outside U.S. control before AOS.

[Duke & Marie 1,389]

6 minutes ago, TBoneTX said:

 

 

Of course, the drawback would be her unfamiliarity with the culture and how things work here, especially if you lack a support network in California.

Agree there are some drawbacks, but it would only be temporary until she gets travel authority/GC... all us spouses go through the unfamiliarity lack of network thing, maybe his family (mother/sister if local) could help her? On the flip side, having a hubby who works away also helps forces you to adjust and get out of the house alone, I had no choice but to learn how to drive his truck (on the wrong side of the road) or to go the stores alone, google how to do or find things I wanted.... I guess it would also depend on how mature minded/independent she is though or she might struggle a little.. 

 

I still wouldn’t rule the option out tho, really depends on his work flexibly and his ability to fly home until she get travel authority 

[TBoneTX 45,498]

8 minutes ago, Duke & Marie said:

it would also depend on how mature minded/independent she is though or she might struggle a little.. 

I admire your accomplishment!  It's not for everyone, and there might be a language barrier in her case.  Of course, we're speculating while throwing out what we hope are helpful ideas, and the OP will have to weigh and balance them.  He has a full plate, what with flying out next week.  The key issue is to determine whether a marriage in CNMI qualifies as a U.S. marriage, and I hope that CBP (or a judge, or a family attorney in Calif. or CNMI) can answer this definitively.

[TBoneTX 45,498]

From Wikipedia (seemingly well-referenced):

 

https://en.wikipedia.org/wiki/Northern_Mariana_Islands

 

Under the Covenant, in general, United States federal law applies to CNMI. [...] According to the Covenant, the federal minimum wage and federal immigration laws "will not apply to the Northern Mariana Islands except in the manner and to the extent made applicable to them by the Congress by law after termination of the Trusteeship Agreement."[58]

Initially under the Covenant a separate immigration system existed in the CNMI, and U.S. immigration laws did not apply. But on November 28, 2009 the CNRA unilaterally amended the Covenant to match US law; specifically, CNRA § 702(a) amended the Covenant to state that "the provisions of the 'immigration laws' (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) shall apply to the Commonwealth of the Northern Mariana Islands." Further, under CNRA § 702(a), the "immigration laws," as well as the amendments to the Covenant, "shall...supersede and replace all laws, provisions, or programs of the Commonwealth relating to the admission of aliens and the removal of aliens from the Commonwealth."[59] Transition to U.S. immigration laws began November 28, 2009.[60][61]

The CNMI has a United States territorial court which exercises jurisdiction over the District of the Northern Mariana Islands (DNMI), which is coterminous with the CNMI. The District Court for the Northern Mariana Islands was established by act of Congress in 1977, and began operations in January 1978. The court sits on the island of Saipan, but may sit other places within the commonwealth. The district court has the same jurisdiction as all other United States district courts, including diversity jurisdiction and bankruptcy jurisdiction. Appeals are taken to the Ninth Circuit.

Citizenship
Article III of the Covenant conferred United States citizenship on legally qualified CNMI residents, which generally included all citizens of the CNMI, and established U.S. birthright citizenship for persons born in the CNMI.[56]

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The bolded areas imply to my layman's eye that marriage in CNMI would satisfy the K-1 requirement.

[Purcari1984 25]

Thank you all for your thoughtful replies.  

 

TBoneTX's information from Wikipeia correlates with some of the information I've researched;  that she would be allowed to enter CNMI on a K-1 visa and we would be allowed to marry there and fulfill our K-1 visa requirements without returning to the continental U.S.  Other comments seem to suggest that me returning to the continental U.S. for us to wed and then travel together to CNMI would probably be safest, but I can't stress how much I'm trying to avoid this.  Our primary goal is for her to travel to CNMI either directly from Europe or tranisiting through continental U.S. for us to marry in CNMI.  

 

And for the purpose of not sounding insensitive to my fiance staying in CA without me for a few weeks;  she's been to CA with me several times, speaks fluent english and would not experience any culture shock of any kind.  She's spent significatn time with members of my immediate family who live nearby and would be comfortable staying with them or alone if she had to.  

[Purcari1984 25]

2 hours ago, Loren Y said:

Marriage in california has been taking a long time. 6&8 weeks to schedule, then 6-8 weeks to get your marriage certificate. If you and her can find a way to get to Las Vegas, NV together for about a hour of your time, I can get you both married with certificate in your hands in an hour, then you can do whatever you need to as you will have everything you need for AOS. Message me if you want to do a Vegas wedding. I don't charge VJ members for the service. 

 

Thank you Loren Y, that's very kind of you.  I'm based out of Orange County, so it's a quick drive/flight to Vegas.  In the event it looks like I will need to return to the U.S. for the marriage, I will certainly reach out to you as an option.  I'd certainly prefer this option as opposed to waiting. 

[TBoneTX 45,498]

20 minutes ago, Purcari1984 said:

she's been to CA with me several times, speaks fluent english and would not experience any culture shock of any kind.  She's spent significatn time with members of my immediate family who live nearby and would be comfortable staying with them or alone if she had to.  

Magnificent.  Absolutely be sure to tell us here how everything goes:  your relocation, her visa experience, her travel (she'll be exhausted -- holy mackerel), your marriage, and all else.

[Orangesapples 1,954]

1 hour ago, Purcari1984 said:

Thank you all for your thoughtful replies.  

 

TBoneTX's information from Wikipeia correlates with some of the information I've researched;  that she would be allowed to enter CNMI on a K-1 visa and we would be allowed to marry there and fulfill our K-1 visa requirements without returning to the continental U.S.  Other comments seem to suggest that me returning to the continental U.S. for us to wed and then travel together to CNMI would probably be safest, but I can't stress how much I'm trying to avoid this.  Our primary goal is for her to travel to CNMI either directly from Europe or tranisiting through continental U.S. for us to marry in CNMI.  

 

And for the purpose of not sounding insensitive to my fiance staying in CA without me for a few weeks;  she's been to CA with me several times, speaks fluent english and would not experience any culture shock of any kind.  She's spent significatn time with members of my immediate family who live nearby and would be comfortable staying with them or alone if she had to.  

I don't see a reason why you couldn't get married in a US territory.