Fiance K-1 applicants can’t marry outside the U.S.

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You’re not allowed to marry your K-1 fiance while your visa is pending or even approved while outside the US. It can only happen in the US. A legal (civil) wedding in another country will invalidate your K-1 visa.

Some may ask “what’s the harm? we’re a genuine couple and will get married in the US anyway…”. Others, in traditional cultures, may feel obliged to marry their finance before departing for the US.

You MUST NOT do that. But, some small ceremonies are acceptable.

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It’s important to understand the rules so you don’t get denied at the K-1 visa interview or at the US border. An actual, religious, civil marriage isn’t allowed.

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K-1 visa eligibility – must remain unmarried

Being single and free to marry is an eligibility requirement to file the I-129F. After filing, the couple must remain unmarried until the beneficiary fiance is approved and comes to marry in the US.

Your marital status must stay unmarried through the entire process. In fact, one of the reasons for the K-1 visa interview is for Officers to verify that you’re still unmarried (and thus still eligible for that K visa). Sounds simple enough.

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You cannot even marry in a foreign country after K-1 visa approval

If your fiance is approved the K-1 visa, you cannot marry him/her in any foreign country. It must be in the US. A foreign marriage voids the K-1 visa and makes you ineligible for entry with a K-1.

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If you do get married while your K-1 is pending or approved (while outside the US), you must formally withdraw your petition. Do not continue any further, even if your I-129f is approved, or an interview is scheduled with the Embassy. Because that would be considered “misrepresentation” or visa fraud.

You must formally withdraw petition or application. Then refile your case for spousal instead. Your future option is to file the I-130.

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Can you have a ceremony before departing for the US?

Some traditions won’t allow an unwed woman/man to leave home without some sort of ceremony. This is especially true in a tight-knit family. If your fiance’s family cannot attend the wedding in the US, what can they do?

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The US is accommodating to these cultures and traditions. Specific ceremonies are not allowed while others are. There are certain restrictions or else your risk being considered married.

Let’s understand what these are.

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What celebration, ceremony, or event is allowed?

The rules allow you to have a “small celebration”. Typically this can mean a family, friends gathering and celebration. This is best course of action if the foreign fiance’s culture obligates some ceremony before the woman/man departs for marriage.

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You’re allowed to host a
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Family gathering / party. Invite them over home. Perhaps with dinner. It’s okay to celebrate with music and small festivities..

Dinner. Try going out to a great restaurant for dinner..

Outing. Take your fiance and your in-laws out for a night in the town. Go
shopping, visit the mall, a park, etc..

Other Recreational events. Like to go out for some fun recreational activity? Perhaps treat them out.
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It’s important to understand that this is a subjective rule. It’s not clear cut what dictates which ceremonies are allowed. One officer might find acceptable while another finds it significant enough for a denial.

You must be careful not to give the impression of any events being marriage. How do you do that safely? Keep it small and simple.

Best advice about having a small ceremony

The first advice is to be honest. Don’t do anything that resembles a marriage ceremony. Remember, it’s a subjective rule. Ask yourself, “what’s considered a significant ceremony in my fiance’s country?”

Keep it small, short and simple.

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How would they even know if you’re married

You might be tempted to ignore the rules and risk it all. There are going to be two potential times a married K-1 visa couple will get into trouble.

The K-1 visa interview

Believe it or not, a k-1 visa couple may be considered “too close” to be “still engaged”. If you have provided exceptionally overwhelming proof of relationship, it can be destructive. Showing that you’re extremely close may raise suspicion that you’re actually married.

Why would the Consulate suspect your relationship is too close to be just a fiance relationship? Here’s an example:

In instances where a pregnancy is involved. In most societies this would only happen for a married couple. Although it’s not a technical reason for denial, it may lead them to suspect that the couple is actually married (thereby ineligible for a k1).

Consular Officers are also trained and experience in the culture of the land. They pick up clues as to how a married couple behaves or does.

While Entering the US border

A CBP Customs Officer (Customs and Border Protection) reviews the incoming K-1 beneficiary and his/her documents. From their training (and experience) they understand what cultures around the world do what after marriage.

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Other times, if they suspect you’ve gotten married before a K-1 visa, then the Customs Officer may inquire. They will ask questions, see your phone (to see photos, messages, etc.), or even ask you to open up your luggage for proof. Will they be surprised to see a wedding album?

Yes, this happens. You’re not supposed to use the K-1 visa after marriage. That’s an immigration offense (i.e. will get you barred from the US).

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What’s considered foreign marriage in the K-1 visa?

The US Department of State will recognize a marriage as valid if it’s considered legal in the host country.

If a particular ceremony (religious, cultural, social) is considered a legal marriage, then it’s considered a legal marriage from the Embassy’s point of view. Which will invalidate the k-1 visa application.

In other nations, only a civil ceremony will be legally recognized

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Example: In France, only a civil Ceremony is legally recognized.  A religious ceremony does not constitute a legal marriage. Does that mean you should have a religious marriage in France? NO WAY. Even if it doesn’t constitute a legal union, it may be by the US Embassy. Don’t risk your K-1 visa with this religious ceremony.

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http://photos.state.gov/libraries/france/45994/acs/usc_paris-marriage.pdf

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Even if a ceremony is not considered a legal marriage, it may not be allowed depending on its social significance. Meaning if it’s significant enough, the US Embassy may view this as a legal marriage even though it’s not an official marriage.

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Should you celebrate with family/friends after approval?

Absolutely. Have fun and enjoy the approval.

Just be careful not to do anything that even resembles marriage. You don’t want to be accused of visa fraud or misrepresentation. It may even get you barred from the US. There are two possible times when you may be screen for marriage (1) at the K-1 visa interview and (2) at the US border entry.

Again, this post is aimed to educate couples on possible scenarios to avoid while their K-1 is pending (or even approved). Don’t get married and don’t have any events which may be perceived as a marriage. Play by the rules and comply with all US immigration laws.

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