Integrity Legal - Law Firm in Bangkok | Bangkok Lawyer | Legal Services Thailand Back to
Integrity Legal

Legal Services & Resources 

Up to date legal information pertaining to Thai, American, & International Law.

Contact us: +66 2-266 3698

ResourcesVisa & Immigration LawUS Immigration LawAsk Your Immigration Lawyer BEFORE Getting Married to Your K-1 Fiancée

Ask Your Immigration Lawyer BEFORE Getting Married to Your K-1 Fiancée

Transcript of the above video:

As the title of this video suggests, we are discussing marriage in a K-1 fiancé visa context. Although this may seem like kind of a strange topic, this comes up more often than I would have otherwise thought when I first started dealing with US Immigration matters. 

Basically, the K-1 fiancé visa is designed specifically for a fiancée. As strange as this sounds maybe to a lay person, getting married actually extinguishes your ability to get a K-1 fiancé visa. So the act of getting married nullifies anything you have done toward the end of getting that Visa issued. So if midway through the K-1 Fiancé process you get married, that nullifies your case and simply getting a quick divorce does not remedy it. So once you are married you are nullified and then you are nullified thereafter. You have to either refile as married or if you get divorced in theory, refile as a K-1 fiancée again. 

So generally speaking, this can have tremendous negative ramifications on an overall case and this comes up a lot over here in Thailand. About every year so and I just got an inquiry on this from a client who said "We have already done ceremonial stuff; we are planning to do the legal registration before we leave with our K-1 visa for the United States." and I told him "Don't do that because by registering that marriage before entering the United States, that person is no longer a K-1 fiancée and therefore not eligible for that Visa." 

So the thing to take away from this video, do not get married to your K-1 fiancée until that K-1 fiancée arrives in the United States and you register, solemnize, however you deal with it register that marriage according to the laws of the given state you are in and then deal with Adjustment of Status thereafter but do not get married before the K-1 Visa process is complete and you have entered the country in K-1 status.