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ResourcesVisa & Immigration LawUS Immigration LawK-3, CR-1 and IR-1 Visas: Consular Marriage Issues

K-3, CR-1 and IR-1 Visas: Consular Marriage Issues

Transcript of the above video: 

As the title of this video suggests, we are discussing the issue associated with Consular marriage in the context of US Immigration utilizing either the K-3, CR-1 or IR-1 Visa. These are the standard Spouse Visas for spouses of both American citizens and lawful permanent residents in the case of the CR-1 and the IR-1 Visa. 

So what we're talking about here, what is a Consular Marriage? Well it's basically a marriage that is officiated and solemnized by a Consulate in a foreign country. So for example Thailand allows this. You can get married per Thai law in an Embassy or Consulate outside of Thailand and it will be recognized by Thailand. Now the issue is here will that be recognized by the US Government for purposes of US Immigration? The answer to that is No. If it didn't occur in a place where that marriage is considered legal, if it's just something that occurred at the Embassy or Consulate exclusively, then generally speaking and I mean generally, almost 100% certain speaking, that is probably not going to be considered a valid marriage by USCIS for purposes of Immigration to the United States. 

Meanwhile, you have to understand, different jurisdictions do allow interaction between Embassies and Civil Authorities within that jurisdiction, so you have to kind of look at the underlying facts of the thing. But generally speaking, just simply getting married at an Embassy or Consulate in a foreign country and then trying to use that marriage to go ahead and gain US Immigration benefits, that may not work. Again the facts of the case will be what will determine the final conclusion regarding the legality of that or the legality or validity for purposes of US Immigration. But for the most part, it's safe to presume, Consular marriage is not going to function as an adequate basis for immigration to the United States.