Marrying in the UK

[Sheri&Carl 0]

If we go through the whole K1 visa, but marry in the UK where his family is, well is that ok. Or do we have to get married in the US. Our plan is possibly to get the visa, then I fly over to get him, we get married there, then fly back and get his AOS. If we can't do that, I guess it would be get married over there then file. Any ideas would be great.

[jundp 191]

There's been a lot of discussion on this on here. Someone in the UK forum can probably help you more, but it depends (I think) on whether or not the "wedding" is legal in the country in which you are planning. For example, my fiance and I are having a non-legally binding religious ceremony in Germany with his family before he comes to the states. In Germany a wedding is not legal (and therefore does not result in a "marriage") unless it is FIRST registered at the courts (aka civil ceremony). We can have a church ceremony but it won't ever be recognized as legally binding by the German govt. or the US govt. We will still need to have a legal ceremony in the US upon his arrival on the K1.

I hope that helps...

[*julez* 124]

If you marry in the UK you will need to apply for the K3 Spouse visa, since a K1 is a fiance visa (to bring a fiance to the US and marry here in the US). If you marry in the UK the K1 becomes null and void, so you'd need to start over and go for a K3.

[YuAndDan 153]

If you are legaly married in the UK, then you are no longer a "Fiancee" and the K-1 will be invalid if you did some how use it, how will you explain the date and place of the Marriage certificate when you file to adjust status in the USA?

What some do is hold a symbolic wedding in the foreign country, more of an engagement party than an actual wedding, no legal paperwork, then have a civil ceremony in the USA to make it legal.

Also don't use "Husband / Wife" when refering to each other at a visa interview, and at the POE, this sends up red flags, and can cause problems.

This is a frequently asked question, "foreign wedding k1" in the above search box will get answers.

http://www.visajourney.com/forums/index.ph...showtopic=77028

[TimsDaisy 0]

A K1 is a FIANCE visa. Does that help answer your question. If you are no longer fiances, but are spouses, then you can't use the K1. May as well bin it.

Also, after entering the U.S. as fiances under the K1 visa, you must legally marry within 90 days. Then you adjust status. The non-US citizen must have either a green card or advanced parole (another document/permission) in order to leave the country with the hope of re-entry. Otherwise, game over, and you'll need another visa.

It MAY be possible to have a wedding party SO LONG AS IT IS NOT A LEGAL MARRIAGE in the UK prior to using the K1 to enter the USA.

However, your question, and I mean this with kindness, implies that you don't know too much yet about the way this process works, so I encourage you to spend QUALITY TIME researching the matter. There are numerous threads addressing your question here.

Step one: understand what a K1 visa is. Step two: understand the difference between a wedding and a legal marriage.

Start reading - that's the best advice you can take at this point. Get all the information, risks, etc, and then ask more questions if you have them.

[Sheri&Carl 0]

As soon as I typed it I realised the answer. I was just hoping to get some ideas about what our other options are.

[msu17 0]

Option #1 (in no particular order), file K1, have a NON-LEGAL thing in the UK, move to the US and get legally married within 90 days.

Option #2, get married in the UK LEGALLY, file spousal visa (K3 or CR1)

Option #3, file K1, move to the US, get legally married, file for AP/greencard, once you get AP/greencard, go back to the UK for another ceremony.

We're doing option #3

[cellarlily 0]

You could have a ceremony in England so that his parents are in attendance, but I'd be careful with even that because it may appear as a "marriage". If they so much as suspect you are married before he comes to the United States on his FIANCE(E) visa, they will deny it.

So, do the research. If you really have to have a ceremony before he comes to the States, make sure that you get nothing signed and that you know what constitutes as "getting married" in England. Do not refer to each other as husband and wife, do not make mention of a wedding until he is in America. Even if it's a non-legally binding wedding, they have every right to deny his visa.

Your other options include having a wedding there after he's come here, you're legally married, have filed for AOS and he has been approved for AP (advance parole). You can then travel to the UK and have a ceremony there.

Otherwise you should marry and file for K3 SPOUSAL visa instead of K1.

[MargotDarko 0]

In my opinion, the safest option is to obtain the K1, marry in the US, obtain advanced parole, and then have a ceremony in the UK.

About legally marrying in the UK - your fiance would need a fiance visa (which is currently $1,000 USD). The K1 visa and marrying in the US is also the cheaper option than marrying the UK and then obtaining a K3 visa.

[Urge To Race 2]

About legally marrying in the UK - your fiance would need a fiance visa (which is currently $1,000 USD).

They would only need a UK fiance visa if they intended to stay/live in the UK, right? Of course I know nothing about the rules of marrying in the UK. Is a fiance visa required just for her to go to the UK, get married, then just fly back to the US?

[MargotDarko 0]

About legally marrying in the UK - your fiance would need a fiance visa (which is currently $1,000 USD).

They would only need a UK fiance visa if they intended to stay/live in the UK, right? Of course I know nothing about the rules of marrying in the UK. Is a fiance visa required just for her to go to the UK, get married, then just fly back to the US?

Yep, it's needed just to simply legally marry in the UK, which is different from being able to marry in the US and then leave. After marrying, if the USC wanted to stay, then Further Leave to Remain (FLR, aka spousal visa in this case) needs to be obtained, which is another $800 right now. Just having a non-binding ceremony does not required a UK fiance visa though.

[pushbrk 13,624]

If we go through the whole K1 visa, but marry in the UK where his family is, well is that ok. Or do we have to get married in the US. Our plan is possibly to get the visa, then I fly over to get him, we get married there, then fly back and get his AOS. If we can't do that, I guess it would be get married over there then file. Any ideas would be great.

Married is married. Marriage in the UK or any other country invalidates the K1 visa. It is a fiance visa with the requirement of either marriage IN THE USA or return to home country.

Ceremonies that do not result it "marriage" are NOT MARRIAGE. Those who have them before actual marriage occurs in the US should not confuse anybody by calling them anything like a wedding or marriage or getting married. If you can't resist deceiving or confusing others, make darn sure you don't confuse any customs and immigration people.

If the agent at the point of entry thinks the K1 visa holder is already married, they will not be entering the US. A prompt trip back home will be the result.

[Yodrak 7]

Sheri&Carl,

A K1 visa requires that the marriage take place in the USA. If you marry in the UK you need a spousal visa, either a CR1/IR1 immigrant visa or a K3 non-immigrant visa.

Yodrak

If we go through the whole K1 visa, but marry in the UK where his family is, well is that ok. Or do we have to get married in the US. ....