Marriage in China vs USA with K1

[shadeOgray]

If you are doing a K1 Fianc¨¦ visa and you are approved by GUZ and dancing around for joy with the pink slip in hand.

Do you have to be married in the USA or can you go ahead and get married in China?

If you can marry in China would it create any additional issues?

Edited February 1, 2009 by shadeOgray (see edit history)

[Randy W]

The response is usually, "No you can't". Myself, I'm not so sure it would cause any problems.

 

The problem is that you wouldn't find out until your AOS interview. You would be bring a wife into the country, instead of a fiance.

 

Even so, it's hard for me to believe that that would be "visa fraud"

 

Wait 'till she's here.

[shadeOgray]

The response is usually, "No you can't". Myself, I'm not so sure it would cause any problems.

 

The problem is that you wouldn't find out until your AOS interview. You would be bring a wife into the country, instead of a fiance.

 

Even so, it's hard for me to believe that that would be "visa fraud"

 

Wait 'till she's here.

Ok still allot to learn, what's an AOS interview...no one throw the dunce hat at me, I know I should probably already know the answer to that but I don't

I don't understand once you're approved and the marriage book date is after the approval how it would matter one way or the other.

Humpf! Stupid draconian immigration rules...

[Randy W]

The response is usually, "No you can't". Myself, I'm not so sure it would cause any problems.

 

The problem is that you wouldn't find out until your AOS interview. You would be bring a wife into the country, instead of a fiance.

 

Even so, it's hard for me to believe that that would be "visa fraud"

 

Wait 'till she's here.

Ok still allot to learn, what's an AOS interview...no one throw the dunce hat at me, I know I should probably already know the answer to that but I don't

I don't understand once you're approved and the marriage book date is after the approval how it would matter one way or the other.

Humpf! Stupid draconian immigration rules...

 

You file for AOS after she gets here and you are married. Like I'm saying, I wouldn't think so either, but some people swear up and down it can cause I denial.

 

You don't want to be the one to find out.

[shadeOgray]

You file for AOS after she gets here and you are married. Like I'm saying, I wouldn't think so either, but some people swear up and down it can cause I denial.

 

You don't want to be the one to find out.

 

OK I still don't know what an AOS is and I need to do this AOS thing Before I marry her?

[Finer in China]

AOS= Adjustment of Status

[Sebastian]

Yikes - you need to play more with the FAQ section here, but hei - that's just *MY* lame opinion.

 

 

AOS = Adjustment of Status - Occurs twice -

1. once she's successfully made it past the POE, for either K-1 or K-3 visa. K-1 visa requires a marriage in the USA, K-3 visa presupposes a marriage outside of the USA

2. Conditional status removal - usually on that 2 year mark of having a green card, can be waived if an IR-1 'incoming' to the USA.

 

For Now - look at the I-485 docs at USCIS.

 

Yo Yo Robs' Sweetie - You Owe Rob about 13.7 mop slaps.

[david_dawei]

Let's setup definitions:

1. Petition (to USCIS); filed so that a visa can be applied for

--a. I-129F; used for K1 and K3 (optional and after I-130)

--b. I-130; used for CR1/IR1

2. Visa (issued by DOS): allows entry to US.

--a. K1;

----1. chinese national must enter US in 90 days; Inbetween 20-75 days, can get SSN...

----2. then must marry petitioner within 90 days or go back to China;

----3. After 90 days, if married, the visa status is expired; So the chinese national, as married to a USC, files for a 2 yr green card (Adjustment of Status--AOS. Petition is I-485; can result in an interview). Also file for work permit and travel permit... more petitions and forms.

----4. Two months prior to the two year expiration of the 2 yr green card, they file for a 10 yr green card (removal of conditions).

--b. K3 - can travel but not work. Files for AOS like K1.

--c. CR1 - automatic 2 year green card; unless marriage is already two years old by time of entry to US; then they get a 10 yr green card.

Edited February 1, 2009 by DavidZixuan (see edit history)

[shadeOgray]

YAY I'm edu-mah-kated now B)

Thank you!

B)

[Sebastian]

Rob - I'm a big fan o self study .

 

A LOT of what I learned came from here:

http://candleforlove.com/forums/index.php?...mp;#entry233487

[Guest jin979]

can you legally marry in the USA after you have married in china ?

[LeeFisher3]

can you legally marry in the USA after you have married in china ?

No you can't, not legally. When applying for a marriage license you must sign, usually under oath, that you are not currently married.

 

The original question about marrying in China after receiving a K-1 visa is not a good idea because the purpose of the visa is for the fianc¨¦e to come to the US for the purpose of getting married. Now if they are already married before coming to the US the USCIS could at any time in the future determine that a misrepresentation took place and order deportation and institute a 10 year ban without any warning. The USCIS is pretty bad about these types of things, I recall a person who was applying for citizenship who was issued deportation over a similar issue, not the same but a misrepresentation that constitute visa fraud.

[Guest jin979]

can you legally marry in the USA after you have married in china ?

No you can't, not legally. When applying for a marriage license you must sign, usually under oath, that you are not currently married.

 

The original question about marrying in China after receiving a K-1 visa is not a good idea because the purpose of the visa is for the fianc¨¦e to come to the US for the purpose of getting married. Now if they are already married before coming to the US the USCIS could at any time in the future determine that a misrepresentation took place and order deportation and institute a 10 year ban without any warning. The USCIS is pretty bad about these types of things, I recall a person who was applying for citizenship who was issued deportation over a similar issue, not the same but a misrepresentation that constitute visa fraud.

 

 

thank you lee , i think we answered the OP

[jst]

You and her cannot get married in china. She is coming into the usa as a single person to be married. That is what her K1 visa states. If she comes in as a married women they will consider it visa fraud. I am sure of this as I very good friend of mine had the same problem. Her greencard was revoked and she in now in deportation proceedings in Tampa. It has been about 2 years and she does not know the outcome. She is fighting it but the attorney she hired said it was 50/50. Your fiance visa stated very clearly she is a single lady entering the USA and if she crosses the POE as a married lady it will void her visa. The lady I know came from Vietnam.

 

 

 

 

 

 

 

can you legally marry in the USA after you have married in china ?

No you can't, not legally. When applying for a marriage license you must sign, usually under oath, that you are not currently married.

 

The original question about marrying in China after receiving a K-1 visa is not a good idea because the purpose of the visa is for the fianc¨¦e to come to the US for the purpose of getting married. Now if they are already married before coming to the US the USCIS could at any time in the future determine that a misrepresentation took place and order deportation and institute a 10 year ban without any warning. The USCIS is pretty bad about these types of things, I recall a person who was applying for citizenship who was issued deportation over a similar issue, not the same but a misrepresentation that constitute visa fraud.

 

 

thank you lee , i think we answered the OP

[Randy W]

You and her cannot get married in china. She is coming into the usa as a single person to be married. That is what her K1 visa states. If she comes in as a married women they will consider it visa fraud. I am sure of this as I very good friend of mine had the same problem. Her greencard was revoked and she in now in deportation proceedings in Tampa. It has been about 2 years and she does not know the outcome. She is fighting it but the attorney she hired said it was 50/50. Your fiance visa stated very clearly she is a single lady entering the USA and if she crosses the POE as a married lady it will void her visa. The lady I know came from Vietnam.

It's good to hear from someone who knows of an actual case - I'd say this is pretty conclusive that getting married in China before using a K-1 visa is not worth the risk - whether she ends up staying or not

Edited February 6, 2009 by Randy W (see edit history)