K1 for married couples?

[bubbafred10]

Now looking back, I should have petitioned for K1 despite married in China status. I can always get another marriage registration, here in US, when lao po arrived here.

 

Is this possible?

 

I can always play dumb and say that I did not think marriage in China would be recognized in the US. (and play up to US haughtiness at the same time). And that I intend to get a US marriage registration when fiance/wife arrives here.

 

Durned! I was so dumb! I should have been more calculated and should have done more planning.

[david_dawei]

Althought they might slap you with fraud (trying to get her here earlier) and then she never gets a visa...

[NY-Viking]

Well, nice try, but despite the fraudulent nature of your idea, there's a far more basic problem.

 

For K1 you both have to be unmarried, even to each other. This is all over the paper work. Even if you were to claim you didn't think the China marriage counted and you signed the application form saying you were both single, when your financee goes to her interview she has to produce a Certification of legal capacity and intent to marry. Do you really think the relevant China marriage office is going to agree with you that your China marriage didn't count and issue a certificate that says she's single? No. They'll issue a certificate saying she's married. K1 visa denied. Start application over.

 

Now, if you'd gotten divorced in China first ...

 

 

 

Not sure how they'd treat a couple that got married overseas and then divorced to take advantage of the K1, but it seems like it would be legit at least. Good argument for the creation of the K3 a couple of years ago.

[tonado]

It won't work.