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Got Married Without K1 Visa. Now What!?

Procedures, processes, JFRV, potential documentation difficulties, whether to get married in Taiwan or overseas, as well as legal basis for divorce in Taiwan, including all related problems and pitfalls, child custody, alimony payments, abandonment, extra-marital affairs, and other complications...
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Got Married Without K1 Visa. Now What!?

Postby Taipei123 » 24 Apr 2014, 16:16

Hi Everyone,

Someone. Please. Help.

My wife who is a Taiwan national went abroad to study in the US. Being an advocate of the best things in life sometimes aren't necessarily planned, we wedded in the US. Obviously we never had the intention in the first place to get married in the states, but after the marriage I'm wondering if I'm tasting more bitter then sweet. I say this because many forums and experienced couples state that it is not wise to get married without having the lady or husband get a K1 (fiancé visa).

I have both legally registered the marriage both in the United States and in the Taiwan. Everything is done. Here are the questions that I toss and turn over night after night:

1) Do I immediately have to get a green card? If so, can I still fly my wife over to the US and get the I-130 done?
2) Assuming I do not have to get the green card yet, can my wife fly over to visit the US on a normal B2 (tourist visa)?

If there is anything else that is vital to this puzzle, I would greatly appreciate it!

Best Regards,

Taipei123
Last edited by TheGingerMan on 24 Apr 2014, 20:11, edited 1 time in total.
Reason: removed upper case font from title
Taipei123
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Re: GOT MARRIED WITHOUT K1 VISA. NOW WHAT!?

Postby tommy525 » 24 Apr 2014, 16:42

Taipei123 wrote:Hi Everyone,

Someone. Please. Help.

My wife who is a Taiwan national went abroad to study in the US. Being an advocate of the best things in life sometimes aren't necessarily planned, we wedded in the US. Obviously we never had the intention in the first place to get married in the states, but after the marriage I'm wondering if I'm tasting more bitter then sweet. I say this because many forums and experienced couples state that it is not wise to get married without having the lady or husband get a K1 (fiancé visa).

I have both legally registered the marriage both in the United States and in the Taiwan. Everything is done. Here are the questions that I toss and turn over night after night:

1) Do I immediately have to get a green card? If so, can I still fly my wife over to the US and get the I-130 done?
2) Assuming I do not have to get the green card yet, can my wife fly over to visit the US on a normal B2 (tourist visa)?

If there is anything else that is vital to this puzzle, I would greatly appreciate it!

Best Regards,

Taipei123


TAKE A DEEP BREATH.....RELAX.....Play this tune:
http://www.youtube.com/watch?v=HjK30nhy7CU

You just dont do the i129F (for fiance only). Do the i130 (yes you can do it from Taiwan) when you are ready to return to live in the USA.

check your pm.

to answer your Q:

NO, you don't have to do the i130 to i485 Green Card thing until you are ready to live in the USA

NO< she can fly over to visit the USA just like any other TW citizen even though she married a US citizen. TW citizens can go in Visa Free for up to 90 days !

by the way, the i130 is probably slightly better then the i129F route anyways.
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Re: GOT MARRIED WITHOUT K1 VISA. NOW WHAT!?

Postby Hokwongwei » 24 Apr 2014, 17:04

I have similar questions. Expect a PM from me in the future Tommy. :)
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Re: Got Married Without K1 Visa. Now What!?

Postby puljaljuyan » 24 Apr 2014, 21:16

People feom the UK, and maybe other countries gotto do the HK thing to get a JFRV here. Americans don't. Has something to do with the marriage being recognized by the other country.

Source: got married last month and I'm American.
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Re: Got Married Without K1 Visa. Now What!?

Postby tommy525 » 25 Apr 2014, 00:02

Oh congrats to you guys. If you marry in Taiwan while American, you don't even have to necessarily "register" your marriage in the USA. Your TW marriage docs are recognized when applying for the Green Card. Which you must do if you plan on your spouse living in the USA and only when.

Just make sure all your documents are stamped and translated into English either an official english version or with a professional translator.

p..s oh and by the way do NOT lie to the immigration officer when you two go in together. I would recommend that she and you are both in the US citizens line. You go up to the officer first and tell the officer that the person following you is your wife. He/she will ask that your wife come up to stand next to you and you will both get in at the same time. Your wife will be able to get in Visa Free as a Taiwan citizen.

Don't have her go in separate line and if asked by the immigration officer if she is visiting any family say NO> That will be a LIE and is treated very very seriously by the US Govt.

You can stab someone but you can NOT LIE> NO SIR>

Just say that you recently married and are visiting YOUR family in the USA for a short visit. And that when you are ready to reside in the USA, you will apply for her Green Card then.

All reasonable and TRUE !

NEVER LIE TO IMMIGRATION OFFICERS BECAUSE IT CAN IMPACT FUTURE VISA APS. A serious misrepresentation can get her BANNED FOR LIFE from the USA.
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