Marriage in China vs USA with K1

[Guest Tony n Terrific]

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 Her greencard was revoked and she in now in deportation proceedings in Tampa.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

She should be deported if she did this. Her husband should be sighted for aiding and abbeting as well.

[Randy W]

 

She should be deported if she did this. Her husband should be sighted for aiding and abbeting as well.

 

Did what? Got married?

 

I would hope that she'd have a good chance, if she fights it out in court. The immigration judges can order the USCIS to adjust her status anyway, even if found "guilty"

[Guest Tony n Terrific]

 

She should be deported if she did this. Her husband should be sighted for aiding and abbeting as well.

 

Did what? Got married?

 

I would hope that she'd have a good chance, if she fights it out in court. The immigration judges can order the USCIS to adjust her status anyway, even if found "guilty"

Randy the reason we have over 12 million illegal alens in our country is because no one in the justice department will do anything about this. She broke our laws it seems. If you can't do the time don't do the crime. Hopefully with our new administration this will change.

[Randy W]

 

Randy the reason we have over 12 million illegal alens in our country is because no one in the justice department will do anything about this. She broke our laws it seems. If you can't do the time don't do the crime. Hopefully with our new administration this will change.

 

They ARE doing something here - the most severe punishment available to the USCIS. She is under deportation proceedings.

 

Intentionally deceiving the government by getting married? I doubt that would hold water. The only claim they could have is that she violated the letter of the law, and I have a hard time believing even THAT would stand up.

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

[Guest Tony n Terrific]

I hope it does hold up. It may sent a precendant. If she decieved the government? What else is next? She knew the rules of the K-1.

Why would any of us want to defend a lawbreaker other then her attorney?

[chengdu4me]

If you want a wedding in China so that her family can be part of the happy event, then have a ceremony, but do not register the marriage with the authorities. Then, bring your new wife ( although, not really) to the U.S. , get married and file the marriage license.

[Jeff n Jianli]

We had our wedding ceremony on my second visit but did not get married legally. We did not have any problems. It was a wonderful experience and it made her and her family very happy.

[rogerinca]

 

Randy the reason we have over 12 million illegal alens in our country is because no one in the justice department will do anything about this. She broke our laws it seems. If you can't do the time don't do the crime. Hopefully with our new administration this will change.

 

They ARE doing something here - the most severe punishment available to the USCIS. She is under deportation proceedings.

 

Intentionally deceiving the government by getting married? I doubt that would hold water. The only claim they could have is that she violated the letter of the law, and I have a hard time believing even THAT would stand up.

 

 

I agree fully with your position Randy. B)

 

The letter of the law vs. spirit of the law is what is the issue herein.

 

While I would not have tempted fate with something like this and think that one should do their homework, make up there mind, and then live with the visa type they wish to pursue; the ultimate purpose of these visas is for the forming of a family unit together in the USA via a marriage, either here (K-1) or there (K-3).

 

With all the 'real' fraud and 'real' criminal acts flooding the system now, this would be a waste of time for the court; wherein wisdom and common sense would hopefully prevail. Moreover, deportation would not serve justice well, in this situation. IMO

 

After 33 years as an LEO, I still view things not always in black and white, but also in multiple shades of gray.

Edited February 7, 2009 by rogerinca (see edit history)

[Richard & Li]

I'll add my 2 cents:

 

I have read about people being denied a K1 visa because they were married in China between the NOA2 & the GUZ interview.

 

I have not read about anyone marrying in China after getting pink in GUZ. Me? I wouldn't risk it. It's a visa for a fianc¨¦e, not a wife.

 

However, what is to prevent a wedding celebration being held in China without the official documents? It's really all about the family and the party, not the paperwork. (But, if that happens before GUZ, don't include the pics: They will then want proof you're not married.)

[Kevin&Leilei]

My lao po and I are planning to have a wedding-type dinner party at a restaurant in China, after she has her visa in hand. Then she will fly home with me, and we will get married legally here.

 

I'm going to attempt to squeeze in, going to Guangzhou with her for her interview, picking up her visa, going back to Shenyang, maybe a studio wedding photo session, wedding-type dinner party, and bringing her home, in one trip.

[Richard & Li]

My lao po and I are planning to have a wedding-type dinner party at a restaurant in China, after she has her visa in hand. Then she will fly home with me, and we will get married legally here.

 

I'm going to attempt to squeeze in, going to Guangzhou with her for her interview, picking up her visa, going back to Shenyang, maybe a studio wedding photo session, wedding-type dinner party, and bringing her home, in one trip.

 

That's what I'm talkin' about! Have a great time!