"Married" Abroad with a Fiance Visa

[KWG17]

Hello All,

On one of the many sites I have come across in researching about the Fiance visa option, one suggested this

"Wedding ceremonies that don’t result in legally binding marriages won’t stand in your way. If you don’t feel right leaving home unmarried, see if you can arrange for a religious or other ceremony that will not be legally recognized or registered in your country. USCIS does not recognize these as valid marriages. You will need to have a legal marriage in the United States once you get here."

That being said is it possible to get "married" in another country without going through that last step of having it legally recognized or registered and still come to the US on a K-1 and get legally married in the 90-day window? Has anyone done this and what was the outcome?

Appreciate your insight in advance!

[barbarajlw]

Hello All,

On one of the many sites I have come across in researching about the Fiance visa option, one suggested this

"Wedding ceremonies that don’t result in legally binding marriages won’t stand in your way. If you don’t feel right leaving home unmarried, see if you can arrange for a religious or other ceremony that will not be legally recognized or registered in your country. USCIS does not recognize these as valid marriages. You will need to have a legal marriage in the United States once you get here."

That being said is it possible to get "married" in another country without going through that last step of having it legally recognized or registered and still come to the US on a K-1 and get legally married in the 90-day window? Has anyone done this and what was the outcome?

Appreciate your insight in advance!

You do so at your own risk. USCIS when asking for proof of relationship and you show pictures of a wedding ceremony will definitely get you a denial and you will have to file spousal visa. It is not advised at all a marriage is a marriage ceremony in USCIS eyes. You cannot get married in another country saying that you did not sign legal papers and apply for a fiancee petition. And why would you want to do that anyways. The best thing is to get USC to petition for a k1 visa marry in the USA and then go back to wherever and have a family wedding then once you get GC.

[KWG17]

Thanks Barbara!

We would like to have the ceremony in my fiance's country and have the legal registration done in the US. The benefit of the Fiance visa is that we can apply for it today versus the marriage visa which we can only apply for the day after we get married. The latter would cause us to be separated for the first year or so of marriage which is not an option.

My fiance has a 10 year tourist visa. So would an option for us be for her to come on the finance visa, do the court marriage here, go back to her country, have the ceremony, and for her to come back on the tourist visa? Or would an advance parole form need to be filled out in this case?

Anyone have any experience with Advanced Parole? Thanks!

[barbarajlw]

Thanks Barbara!

We would like to have the ceremony in my fiance's country and have the legal registration done in the US. The benefit of the Fiance visa is that we can apply for it today versus the marriage visa which we can only apply for the day after we get married. The latter would cause us to be separated for the first year or so of marriage which is not an option.

My fiance has a 10 year tourist visa. So would an option for us be for her to come on the finance visa, do the court marriage here, go back to her country, have the ceremony, and for her to come back on the tourist visa? Or would an advance parole form need to be filled out in this case?

Anyone have any experience with Advanced Parole? Thanks!

As I suggested you can petition for her to come to the US and she arrives on a K1 where you will marry within 90 days. You than apply for AOS sending in I-485 along with Ap I-131 and EAD I-765 if she wishes to work as these 2 applications are waived when sent with AOS. You then wait for AP or GC whichever comes first and then you can go back to her country and have the ceremony then. The visitors visa becomes obsolete as she will come here on a K1 visa. Wait time for AP is around 2 months GC is 4-5 months although I got mine right on 4 months. You can't come in on 1 visa and use another to leave and come back. Depends also how long you can wait to go back and have the ceremony. If you can wait 5 months and plan it then going back should be alright and you will and can have a lovely ceremony.