My fiancé is an american citizen and we have applied for the K1 visa, it has been approved and we are waiting for the next lots of paperwork to fill in. We understand once I enter the US on this visa I we have 90 days to get married. The marriage has to take place in america so we have chosen St Thomas on the US Virgin Islands. We have calculated between now and getting the visa should only take around 2 months so we have set a date for 25th July 09. My question is if the visa did not come through by this date could we still get married?

Congratulations!

If you get married before your K-1 visa is approved and issued, your fiancé will no longer qualify for the visa as it is for a fiance/fiancee of a USC.

You will need to file for a K-3, the visa for a spouse of a USC. To do this, you will need to file an I-130 relative petition and after it is filed, include the USCIS receipt notice with your I-129F petition. You will need your marriage certificate and the same general documentation you used for your K-1 visa application, to prove up the bona fides of the relationship.

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Thank you very much for your help.