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    • What happens at the Fiance K-1 Visa Interview?
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25
Jun

Can fiance visa applicants marry before coming to the US?

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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Marriage while your K-1 visa is pending will nullify your K-1 visa.

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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.

Meaning, your marital status must stay unmarried through the entire process. In fact, one reason for the K-1 visa interview is for Officers to verify that you’re still unmarried (and thus still eligible). 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 the petition. 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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certain ceremonies are not allowed during the k-1 visa. Especially those giving the impression of marriage. Don't risk it

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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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It's advisable to celebrate small for your k-1 visa approval

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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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At the US Border, a Customs officer may review your approved K-1 visa case for clues to your marriage. It will be considered visa fraud.

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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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The us considers a marriage of a K-1 visa to invalidate the petition even it's approved

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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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France considers a civil ceremony to be legally married not a religious ceremony for the K-1 petition

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. (Read port of entry procedures for fiance visa applicants).

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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  • Tagged: fiance visa, K-1 visa interview, proof of relationship, Steps and Procedures
  • 9

There are 9 comments so far

  • Ann
    4 weeks ago · Reply

    Hi Prem,
    Is church wedding in India without registering it legal?

    • pkumar@visatutor.com Author
      4 weeks ago · Reply

      Hello Ann,
      That’s something you will have to research on India’s civil laws. If they consider a church, religious wedding as legal, then your wedding will technically be legal. You may want to speak to an attorney or legal professional in India who will be able to explain it to you.
      -Prem

  • Joseph
    2 months ago · Reply

    I am confused about now being able to have a religious ceremony before the process is complete. If the religious ceremony is NOT considered legal under local laws in a foreign country, then why would that impact the K1 visa eligibility?

  • Fred
    11 months ago · Reply

    Is it okay if I go to France to be with my fiance while my k1 visa is in progress?

    • pkumar@visatutor.com Author
      11 months ago · Reply

      Hello Fred,
      The US petitioner is not restricted in temporarily traveling outside the US while the K visa is pending. You’re welcome (and encouraged) to spend time with your partner. This builds a good foundation for proof of relationship. I hope this helps!
      -Prem

  • Abubakar
    2 years ago · Reply

    My fiance and I met in April-June 2017 and when she got back in US,she had our son.All these happened while she was still married but separated. How will this scenario affect our proposed petition?

    • Cris
      2 years ago · Reply

      Hello Abubakar,

      At the moment you file your I-129F form both of you must be free to marry, that is, single or legally divorced.
      Having a child together in the US will not affect your process. It may help your bona fide evidence.

      -Cris (Visa Tutor Team)

  • Gretchen
    3 years ago · Reply

    Hi

    I am on a pending fiance visa and I am in need of a tourist visa to Guam which is a US territory for the purpose of taking my exam which is scheduled on October. This exam is only taken in US territory countries. Will I be able to eligible of the tourist visa?

    If yes, can I go visit my fiance to Georgia from Guam?

    We also plan to marry and just cancel or withdraw the fiance visa. Is that possible? That while already in the US can we just not push through with the fiance visa and marry or would this be a big suspicion in the consul and be considered as visa fraud? I hope you could answer all my questions.

    Thank you and Best Regards.

    • pkumar@visatutor.com Author
      3 years ago · Reply

      Hey Gretchen,
      The eligibility of your tourist visa will depend on your merits for a tourist visa. Since you have an actual reason for visiting Guam, the typical reason people are denied tourist visa may not apply to you. We can’t say anything for sure until you actually try for the visa to take your exam.
      Once approved, yes, you are allowed to visit the US and travel freely within it’s borders and meet your fiance.
      However, if you come to the US with the hidden intention of getting married and adjusting status for a green card, then that’s considered visa fraud. You’re allowed to get married but not adjust for a green card (i.e. I-485) without being placed under severe scrutiny. However, if you’d like, you can get married and go back to your home. Your then-spouse can petition for a spousal visa for your I-130. That’s perfectly legal.
      In the end, if you’re filing for an immigrant visa (fiance, spousal, etc.) then you usually have to wait outside the country for processing to complete.
      -Prem

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