One of the most commonly asked question on K1 visa is whether you can marry your fiance(e) without a K1 visa. Can your fiance(e) travel to the United States on other visas and get married while waiting for a K1 visa? Or can your fiance(e) simply get married to you without even applying for a K1 visa?
Pertaining to the last question, if you are already married with a foreigner, then you will need to apply for a K3 visa – the spouse visa. Else, the answer to all the above questions is NO!
Applying for K1 visa is a long and arduous process and thus, some couples may try to hasten this process through other methods. The fiance(e) enters the United States as a visitor, business trip, or even as students. The couples get married and the fiance(e) apply to become a permanent resident. The green card is issued and they live happily ever after…that is until the authorities deport the foreigner back home!
You have to understand that United States visas are very specific in nature. There are terms and conditions to its uses. For business trip, the foreigner has to apply for B1 visa. For studying in the United States, the foreigner applies for F1 visa. For getting married in the United States, the foreigner applies for K1 visa – also known as the marriage visa. There is a whole list of visa types from A to Z – each with its own unique purpose! To use the visa beyond its stipulated purpose is considered committing fraud against the U.S government. Anytime the authorities or state department discover this fraud, they will not hesitate to take action against the offender.
Technically, there is nothing preventing you from doing so. You and your fiance(e) can get married in the United States while he/she is on social visit. Your fiance(e) get even get a “permanent resident” status. However, anytime this fraud is discovered, your fiance(e) will be deported back home and may even be barred from entering the United States!
With such serious penalties in mind, you must act within the legal limits. Applying for K1 visa is a long and arduous process as you and your fiance(e) will be separated for at least 6-8 months while waiting for the K1 visa to be issued. However, you risk wasting more time, money and effort if you try to pursue other illegal methods to hasten the process.