Marriage in Slovakia or Virginia?
Nov 14th 2002, 7:20 am
#1
Guest
Posts: n/a
Marriage in Slovakia or Virginia?
Hi,
My fiancee filed a K1 petition (I129F) through Vermont one month ago.
I have to leave the country on 12/11. I have never been out of status
nor intend to be out of status and therefore I am leaving voluntarily
on 12/11.
Our question is: are we allowed to get married in Slovakia after 12/11
even though I am applying for a K1 fiance visa in Prague? I am asking
this question because we could have a fairy-tale wedding in
http://www.bojnicecastle.sk and then I hope to qualify for K3 visa
based upon the same I129F application filed in Vermont.
If not, we can still get married in Virginia later but my family would
be unable to attend due to visa restrictions on Slovak citizens.
My fiancee filed a K1 petition (I129F) through Vermont one month ago.
I have to leave the country on 12/11. I have never been out of status
nor intend to be out of status and therefore I am leaving voluntarily
on 12/11.
Our question is: are we allowed to get married in Slovakia after 12/11
even though I am applying for a K1 fiance visa in Prague? I am asking
this question because we could have a fairy-tale wedding in
http://www.bojnicecastle.sk and then I hope to qualify for K3 visa
based upon the same I129F application filed in Vermont.
If not, we can still get married in Virginia later but my family would
be unable to attend due to visa restrictions on Slovak citizens.
Nov 14th 2002, 9:52 am
#2
Forum Regular
Joined: Sep 2002
Location: Denver
Posts: 167
Peter,
I'm not sure which way would be better/faster. What's your status now?
Also, I'm not sure if you can switch to K3 once you started the K1 process.
If you have a current visa, why don't you get married in the States, then apply for the change of status, work authorization document and and Advanced Parole? When you get the advanced parole, you can travel to Slovakia, have a second wedding in Bojnice, and travel back to the States immediately. This option would include the least amount of waiting.
There are people who have been waiting for half a year to get their K1 or K3 to be able to see their loved ones. Are you willing to wait that long?
Anyway, hope someone else can give you a better answer to your questions. I just needed to respond since I'm from Slovakia as well. I'm currently in Seattle and will be getting married the next year. Although I would love to have my marriage in Slovakia, I really don't want to be stuck there without my husband after the marriage.
Good luck, Peter.
Jarka
I'm not sure which way would be better/faster. What's your status now?
Also, I'm not sure if you can switch to K3 once you started the K1 process.
If you have a current visa, why don't you get married in the States, then apply for the change of status, work authorization document and and Advanced Parole? When you get the advanced parole, you can travel to Slovakia, have a second wedding in Bojnice, and travel back to the States immediately. This option would include the least amount of waiting.
There are people who have been waiting for half a year to get their K1 or K3 to be able to see their loved ones. Are you willing to wait that long?
Anyway, hope someone else can give you a better answer to your questions. I just needed to respond since I'm from Slovakia as well. I'm currently in Seattle and will be getting married the next year. Although I would love to have my marriage in Slovakia, I really don't want to be stuck there without my husband after the marriage.
Good luck, Peter.
Jarka
Nov 14th 2002, 11:38 pm
#3
Guest
Posts: n/a
Re: Marriage in Slovakia or Virginia?
A K-1 can only be used by fiance(e)s for getting married in the US. It
cannot be transferred to a K-3. If you truly got married in Slovakia your
spouse would have to file an I-130 first and then file a new I-129F for the
K-3.
One alternative is to have a ceremony in Slovakia that you treat as your
wedding but is not actually a legal marriage. You have the party, everyone
considers you married
but you have the legal wedding when you come to the
US. If you do this it's best not to mention it to the INS - it's not
illegal, it's not even frowned upon, it's just that some officers get
confused and think that you actually got married and want proof that you
didn't.
Another alternative is to get married now (there's no waiting period in
Virginia), file for AOS right away, get Advance Parole (since you are in
Virginia you may well be filing at Arlington which is where I filed and
they'll let you file for advance parole with and I-130/I-485 application)
and the plan a ceremony back on Slovakia for your family. Once you file for
adjustment of status, you don't have to worry about leaving by 12/11. You
should read these sites (particularly the part about adjustment of status
from a tourist visa):
http://www.mindspring.com/~docsteen/...o/visainfo.htm
http://www.geocities.com/immigration_helpsite/index.htm
Andy.
--
I'm not really here - it's just your warped imagination.
"Peter" wrote in message
news:[email protected]...
> Hi,
> My fiancee filed a K1 petition (I129F) through Vermont one month ago.
> I have to leave the country on 12/11. I have never been out of status
> nor intend to be out of status and therefore I am leaving voluntarily
> on 12/11.
> Our question is: are we allowed to get married in Slovakia after 12/11
> even though I am applying for a K1 fiance visa in Prague? I am asking
> this question because we could have a fairy-tale wedding in
> http://www.bojnicecastle.sk and then I hope to qualify for K3 visa
> based upon the same I129F application filed in Vermont.
> If not, we can still get married in Virginia later but my family would
> be unable to attend due to visa restrictions on Slovak citizens.
cannot be transferred to a K-3. If you truly got married in Slovakia your
spouse would have to file an I-130 first and then file a new I-129F for the
K-3.
One alternative is to have a ceremony in Slovakia that you treat as your
wedding but is not actually a legal marriage. You have the party, everyone
considers you married
but you have the legal wedding when you come to theUS. If you do this it's best not to mention it to the INS - it's not
illegal, it's not even frowned upon, it's just that some officers get
confused and think that you actually got married and want proof that you
didn't.
Another alternative is to get married now (there's no waiting period in
Virginia), file for AOS right away, get Advance Parole (since you are in
Virginia you may well be filing at Arlington which is where I filed and
they'll let you file for advance parole with and I-130/I-485 application)
and the plan a ceremony back on Slovakia for your family. Once you file for
adjustment of status, you don't have to worry about leaving by 12/11. You
should read these sites (particularly the part about adjustment of status
from a tourist visa):
http://www.mindspring.com/~docsteen/...o/visainfo.htm
http://www.geocities.com/immigration_helpsite/index.htm
Andy.
--
I'm not really here - it's just your warped imagination.
"Peter" wrote in message
news:[email protected]...
> Hi,
> My fiancee filed a K1 petition (I129F) through Vermont one month ago.
> I have to leave the country on 12/11. I have never been out of status
> nor intend to be out of status and therefore I am leaving voluntarily
> on 12/11.
> Our question is: are we allowed to get married in Slovakia after 12/11
> even though I am applying for a K1 fiance visa in Prague? I am asking
> this question because we could have a fairy-tale wedding in
> http://www.bojnicecastle.sk and then I hope to qualify for K3 visa
> based upon the same I129F application filed in Vermont.
> If not, we can still get married in Virginia later but my family would
> be unable to attend due to visa restrictions on Slovak citizens.
Nov 15th 2002, 8:33 am
#4
Guest
Posts: n/a
Re: Marriage in Slovakia or Virginia?
Andy,
My difficulty arises from the fact that even though I am physically in
the country (and working thanks to my work permit good for 10 more
months), I am awaiting removal proceedings on 12/11. I am not legally
able to file for AOS because I am already in AOS but my previous
sponsor divorced me 1 year ago after 7 years of marriage. It took 5
years to qualify for AOS because she was only a PR and I spent that
time with her on H1B. I'm in a situation called "deferred admission
interview" which will most likely result in removal (not deportation
because I am not technically in the country).
The INS officer let me keep my work permit, and advised me to get
married to my USC fiancee who was waiting at the Dulles airport with a
bunch of roses and my friends for 5 hours before they let me go. I
attribute this preferential treatment to my job with the government.
I wish the government sponsored for H1B but they have a policy not to.
There are no sponsors for IT H1B in the Northern Virginia area, nor
in the DC area given the current state of the economy.
I have a K1 application pending. Do you think it is wise for me to
get married in the USA before leaving on 12/11? I don't think so. I
know that K1 through Prague doesn't take longer than 3 months. The
government will keep my job available for me that long. I am open to
any suggestions though. BTW a lawyer I consulted demanded $9,000 so I
decided to take the matter into my own hands. I have an MBA from
Marymount and I took my share of legal classes also. As a sign of
goodwill I bought an air ticket leaving on 12/11 evening so that the
airline that brought me here doesn't have to incur additional
expenses. I keep the immigration judge informed of every step I make
so that they can see that my intentions are clear. I have been living
in the USA for the last 10 years, J1, H1B, AOS, you name it. Now that
I finally find the person that I want to be with for the rest of my
life, I have to go back where I came from. How ironic
My difficulty arises from the fact that even though I am physically in
the country (and working thanks to my work permit good for 10 more
months), I am awaiting removal proceedings on 12/11. I am not legally
able to file for AOS because I am already in AOS but my previous
sponsor divorced me 1 year ago after 7 years of marriage. It took 5
years to qualify for AOS because she was only a PR and I spent that
time with her on H1B. I'm in a situation called "deferred admission
interview" which will most likely result in removal (not deportation
because I am not technically in the country).
The INS officer let me keep my work permit, and advised me to get
married to my USC fiancee who was waiting at the Dulles airport with a
bunch of roses and my friends for 5 hours before they let me go. I
attribute this preferential treatment to my job with the government.
I wish the government sponsored for H1B but they have a policy not to.
There are no sponsors for IT H1B in the Northern Virginia area, nor
in the DC area given the current state of the economy.
I have a K1 application pending. Do you think it is wise for me to
get married in the USA before leaving on 12/11? I don't think so. I
know that K1 through Prague doesn't take longer than 3 months. The
government will keep my job available for me that long. I am open to
any suggestions though. BTW a lawyer I consulted demanded $9,000 so I
decided to take the matter into my own hands. I have an MBA from
Marymount and I took my share of legal classes also. As a sign of
goodwill I bought an air ticket leaving on 12/11 evening so that the
airline that brought me here doesn't have to incur additional
expenses. I keep the immigration judge informed of every step I make
so that they can see that my intentions are clear. I have been living
in the USA for the last 10 years, J1, H1B, AOS, you name it. Now that
I finally find the person that I want to be with for the rest of my
life, I have to go back where I came from. How ironic
Nov 15th 2002, 5:31 pm
#5
Guest
Posts: n/a
Re: Marriage in Slovakia or Virginia?
Jarka,
You are correct, the K1 and K3 application processes are different,
one goes through Vermont (for VA residents) and the other through
Chicago. One requires the couple to be engaged, the other requires
them to be married.
Good luck to you too!
Peter
You are correct, the K1 and K3 application processes are different,
one goes through Vermont (for VA residents) and the other through
Chicago. One requires the couple to be engaged, the other requires
them to be married.
Good luck to you too!
Peter
