Catholic wedding and K1

[ThomLin 0]

Hi Everyone!, My SO and I want to get married by the church for now in Mexico in a Catholic wedding, could be this a problem to file the K1?

ThomLin

[Rhiannercakes 14]

Yes, because once you have a legal ceremony (which involves the signing of the marriage certificate) you can no longer file for K-1.

If you just have a ceremony where nothing is made legal, then you're fine.

[drchouinard 0]

Are you planning on getting legally married in Mexico? If yes than this is a problem because you will need to file for a spousal visa instead of a fiance visa. If you just want a ceremony in Mexico by the church that is fine. The only thing that matters is that you are not legally married.

Edited September 7, 2009 by drchouinard

[Leo&Farah 0]

Just a note, I have read some cases on VJ where a 'religious' wedding was for all intents and purposes considered a marriage thus invalidating the K1. So please proceed with caution.

If I'm not mistaken, someone's K1 on VJ was denied because a customary act of the engaged couple's parents meeting was considered a wedding because it was based on customs. Just an example of how wide interpretation of 'marriage' can be at some consulates.

[baron555 934]

Hi Everyone!, My SO and I want to get married by the church for now in Mexico in a Catholic wedding, could be this a problem to file the K1?

ThomLin

Uh, Yea, it's a big problem. K-1 is for unmarried couples. If you get married, then you are not unmarried.

Go ahead and get married and then do a CR-1 visa. There is a way for any situation. The K-1 gets you together sooner though.

[thongd4me 69]

Hi Everyone!, My SO and I want to get married by the church for now in Mexico in a Catholic wedding, could be this a problem to file the K1?

ThomLin

Uh, Yea, it's a big problem. K-1 is for unmarried couples. If you get married, then you are not unmarried.

Go ahead and get married and then do a CR-1 visa. There is a way for any situation. The K-1 gets you together sooner though.

In Thailand, for example if we had a Buddhist ceremony and omitted to register it in the government family register,

we might not have a problem with the K-1. However, we still won't take that chance and you probably shouldn't either.

You don't want to muck up all that hard work and put it off just so you have to do identical stuff for the other category (K-3).

You can have as many weddings if you like, after the visa is approved.

With my Japanese ex, I had civil wedding in NY and a Shinto wedding in Japan.

Edited September 7, 2009 by thongd4me

[thongd4me 69]

K-3

(or CR-1) - others can explain the difference, as neither was an option for us.

[thongd4me 69]

I just peeked at your timeline; it says you already planning to file the I-130 because (apparently) you are married (in the US, I take it).

You're already in the K-3 loop so I don't see the question about a K-1. Best of luck as always.

Edited September 7, 2009 by thongd4me

[ThomLin 0]

I just peeked at your timeline; it says you already planning to file the I-130 because (apparently) you are married (in the US, I take it).

You're already in the K-3 loop so I don't see the question about a K-1. Best of luck as always.

We aren't married, we got a denial for the k1 so we going to refile but we are thinking on get married in a Catholic wedding that is not legally in Mexico before we get the k1 approved... but even when is not legally in Mexico I have my doubts about if that can be a trouble for the refile...

Thanks everybody for your time to share your opinions and read my question... I really apreciatte it!!!

God bless you all!

ThomLin

[Carlawarla 1]

I just peeked at your timeline; it says you already planning to file the I-130 because (apparently) you are married (in the US, I take it).

You're already in the K-3 loop so I don't see the question about a K-1. Best of luck as always.

We aren't married, we got a denial for the k1 so we going to refile but we are thinking on get married in a Catholic wedding that is not legally in Mexico before we get the k1 approved... but even when is not legally in Mexico I have my doubts about if that can be a trouble for the refile...

Thanks everybody for your time to share your opinions and read my question... I really apreciatte it!!!

God bless you all!

ThomLin

I'm an "ex" Catholic, however I do know that any Catholic wedding which would have to be performed by a "priest" WOULD be legal. Tread carefully.

[Stephen + Elisha 92]

I'm an "ex" Catholic, however I do know that any Catholic wedding which would have to be performed by a "priest" WOULD be legal. Tread carefully.

You know this? You're certain that weddings performed by priests in Mexico are legally recognized under Mexican law? That—and only that—is the critical issue.

http://www.state.gov/documents/organization/87391.pdf

9 FAM 41.81 N6.6 Petitioner and Beneficiary Must be Legally Free to Marry

(CT:VISA-756; 07-27-2005)

a. For a K-1 petition to remain valid, the petitioner and the beneficiary must:

(1) Have been legally free to marry at the time the petition was filed;

(2) Have remained so thereafter; and

(3) Continue to have the intent to marry within 90 days after the beneficiary's admission into the United States.

In the US, priests and ministers are deputed by the civil authorities to witness marriages. Hence, the religious ceremony also concludes a legal marriage. This is not the case everywhere. If the country in question does not afford civil recognition to religious marriages—i.e., a priest or minister cannot witness the vows and sign the marriage license/certificate—then the couple remains legally free to marry after the religious ceremony and, hence, remains eligible for the K-1. Consulates in countries where this is the case have been known to advise K-1 applicants that it is perfectly okay to have the religious ceremony, they simply must not complete the entirely separate process of civil marriage.

[baron555 934]

I just peeked at your timeline; it says you already planning to file the I-130 because (apparently) you are married (in the US, I take it).

You're already in the K-3 loop so I don't see the question about a K-1. Best of luck as always.

We aren't married, we got a denial for the k1 so we going to refile but we are thinking on get married in a Catholic wedding that is not legally in Mexico before we get the k1 approved... but even when is not legally in Mexico I have my doubts about if that can be a trouble for the refile...

Thanks everybody for your time to share your opinions and read my question... I really apreciatte it!!!

God bless you all!

ThomLin

Trust me, ALL Catholic weddings are legal.

[Stephen + Elisha 92]

Trust me, ALL Catholic weddings are legal.

Wrong. It depends entirely upon the civil laws of the jurisdiction where the wedding takes place.

[payxibka 10,045]

Trust me, ALL Catholic weddings are legal.

Wrong. It depends entirely upon the civil laws of the jurisdiction where the wedding takes place.

Even in the US, if you get married in the Catholic church by an unregistered officiant and do not comply with the marriage registration documents (license) I have my doubts if it would be "legal" either......

[baron555 934]

Trust me, ALL Catholic weddings are legal.

Wrong. It depends entirely upon the civil laws of the jurisdiction where the wedding takes place.

Even in the US, if you get married in the Catholic church by an unregistered officiant and do not comply with the marriage registration documents (license) I have my doubts if it would be "legal" either......

I just dont' know any Catholic priests that would officiate an unregisterable marriage.