Getting married to an Argentine

Prigipisa

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Hello everyone! My name is Pri and I just joined this wonderful community.

I've been having a hard time finding information on what needs to be done when you get married in Argentina. So this summer I am going to go and get married to my fiance. I'm not sure if I have to take the marriage certificate to the US embassy for it to be validated. Right now we are also short on funds and can't apply for the K-3 visa so is it possible to validate our marriage at the US embassy and when we have the funds months down the line, file for the K-3 visa while we are apart? I will on be in Argentina for a month so I'm trying to see what I need to do. I was also told that I could just bring my marriage certificate to my county clerk back home to validate it but it would seem weird since its a marriage to a foreigner. I've read stories on how easy it use to be for people but Im quite sure its much more difficult now. My fiance tried for a tourist visa and got denied for lack of ties to Argentina but he has a job, property, is going to school and his entire family here so I don't know how many more ties he would need. The plan was for him to get the tourist visa and come meet my father before we went ahead with getting married but that clearly isn't going to happen. It seems like marriage is the only option currently and i'd like to find out as much information as I can. He wouldn't be able to leave Argentina right away but knowing with how long it would take to get the K-3 visa, by the time that's done, he would be ready. Please and thank you for your time.

~Pri
 

Pierre Smith

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You picked a very strange place to ask about US immigration, but luckily I happened to read it. My guess is that you have US citizenship and your future spouse is Argentine?
1) the K-3 visa is defunct, if you want to get married in the US, you'd do a K-1, you'd be petitioning for a CR-1 if you're married already;
2) there's no need or way to validate your marriage at any embassy, you'd include your marriage certificate with the CR-1 package or the adjustment of status if you go the K-1 route;
3) you're right that if your intended has been denied a US visa, he'll not be visiting you in the US aside from via the K-1 or CR-1;
4) the K-1 visa will take around 9 months to come through, so you'll not be marrying in the summer, if you do get married - say, in Argentina - and then lie about it and do a second US marriage to stick with the K-1, that's fraud and if it's ever found out, he'd be stripped of his benefits (including citizenship denaturalization) whenever they find out about it, no way to fight it. So, the trick if you want to keep to the summer wedding is to file properly as a married couple, ie. the CR-1.
Hope this helped.
 

ben

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  • Your marriage certificate does not need any kind of legalization whatsoever to be recognized by US authorities.
    At most they may want translation.
  • Petitioning for a green card having entered as a tourist can be tricky, you’re running some risks in terms of having entered as a tourist in bad faith.
    • It can be and is done, but I would suggest you consult with an attorney. I have an excellent one to recommend.
  • If you’re not married yet and made no mention of it on the tourist visa application, waiting for a bit then trying again may be worthwhile.
    • If there’s no reason for a denial (say a prior overstay) it’s up to the lottery of the mood of the immigration agent.
  • Otherwise, you’d have to go ahead and do a spousal visa here, but then you’re looking at living here for the better part of a year.
PS I was editing this for a while, I see that @Pierre Smith beat me to the punch.
I see that his take is substantially the same.
 
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Prigipisa

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Thank you both for your replies! Yes I am an American and my fiance is Argentine. We do want to get married in the summer so filing for a CR-1 Visa seems like the best option. https://www.visajourney.com/content/compare I found a comparison chart with all the info.

We don't want to lie about anything and just want to do this right. The plan was for me to go there this summer, get married and come back home. When we make the money, file for the CR-1 while we are apart. (Not sure if that's possible or if we would have to wait until I came back to Argentina) And when the processing is complete, have him move here. All we wanted was for him to meet my family.. legit half my family has died to cancer and whoever is left is getting old or very sick. I'd really appreciate any help you have given us and anything else you can help us with. I welcome all the advice and resources.

I'm sorry if this wasn't the right place to post, I just didn't know where else to go. Hopefully I'll be able to come live in Argentina in the future. It is so beautiful.
 

Pierre Smith

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You don't have to be in Argentina to file the CR-1, so it sounds like you have a good handle on what you need to do. Visa Journey is a good resource - better than this expat forum by miles!

The reason why people opt for the K-1 is that even if it's more expensive, it comes in a few months quicker. But, yeah, don't do anything to screw it up, just keep to the truth.

If there's a change of circumstances for your BF - like a new job or something - then he could try again for a tourist visa. Again though, it's even less likely to be approved if you're married!
 
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