Overseas wedding in China

[Billz 0]

Hi all,

Sorry if this topic has been discussed before , but I wanted to ask everyone's opinion about doing overseas wedding first. I'm sure this question applies to a lot of us here. I'm applying for K1 for my fiancee is in China. Since most of her family are there, it makes more sense to have wedding ceremony there. It's much easier for my friends and family to fly to china for wedding then for her family to come here. That would be nearly impossible.

Of course we can't really be legally married there, so the ceremony will have to be a "fake" one just for the sake of having a ceremony. We don't plan to have a big ceremony once she gets over here. I'm curious to hear what other people in a similar situation have done or plan to do ?

Thanks for any tips!

Bill

[Anh map 2,098]

Don't do anything that can be construed as officially married or your K1 petition would not be applicable. Have a big party/reception.

[Billz 0]

Thanks, yeah that makes sense. We're not going to do any marriage certificate or anything official.

Anyone else who's gone through the same thing with any advice?

Thanks.

Don't do anything that can be construed as officially married or your K1 petition would not be applicable. Have a big party/reception.

[SuperDuper! 230]

Make sure you are aware of any dating, courting, engagement customs so you can document and take pics to satisfy the consulate that all is genuine and for love.

[baron555 934]

Hi all,

Sorry if this topic has been discussed before , but I wanted to ask everyone's opinion about doing overseas wedding first. I'm sure this question applies to a lot of us here. I'm applying for K1 for my fiancee is in China. Since most of her family are there, it makes more sense to have wedding ceremony there. It's much easier for my friends and family to fly to china for wedding then for her family to come here. That would be nearly impossible.

No it's not. She gets the K-1 visa, then comes here. You marry, then AOS and get the AP. Then you both go back over and have the big ceremony. Very simple.

Of course we can't really be legally married there, so the ceremony will have to be a "fake" one just for the sake of having a ceremony. We don't plan to have a big ceremony once she gets over here. I'm curious to hear what other people in a similar situation have done or plan to do ?

Thanks for any tips!

Bill

[JD63 4]

Thanks, yeah that makes sense. We're not going to do any marriage certificate or anything official.

Anyone else who's gone through the same thing with any advice?

Thanks.

I'm planning on doing a Buddhist ceremony and reception for mine in Thailand. Might be better to ask in the China forum, they would have a better idea of what the legal status on religious ceremonies is in China and if it could cause problems.

Yeah, and depending on the local customs (like Vietnam for example) these sort of engagement ceremonies and traditional things are very important in establishing your relationship during the interview.

[sachinky 464]

I don't understand -- why can't you get married in China -- you know, for real. And then just file for a CR-1.

It's a much superior visa to the K-1, any day.

[Cortr 3]

Superior?

Anyway, it appears that he's already filed a K-1 application so it's a moot point.

[Billz 0]

Yes I already filed for K1, so getting married first will not be an option.

Anyway getting CR-1 wasn't the plan to begin with. We didn't want to wait for getting married and then have to wait for the visa.

That would have been the longer option for us.

I don't understand -- why can't you get married in China -- you know, for real. And then just file for a CR-1.

It's a much superior visa to the K-1, any day.

[JimVaPhuong 4,863]

I don't understand -- why can't you get married in China -- you know, for real. And then just file for a CR-1.

It's a much superior visa to the K-1, any day.

There are a number of situations in which the CR1 is not superior, and is actually much more of a problem. For example, children between the ages of 18 and 21 cannot be derivatives of a CR1 unless the petitioner and beneficiary were married, and the step-parent relationship was established before the children turned 18. However, they WOULD qualify as derivatives of a K1, provided they adjust status before they are 21. That was my situation with my fiancee, which made the K1 the only practical option.

Also, in some countries it is extraordinarily difficult for a foreigner to marry a local citizen. In Vietnam, for example, the Vietnamese citizen has to show he/she is fluent in the foreigner's language, even if the foreigner is already fluent in Vietnamese. This is done in a subjective interview where two government translators grade the Vietnamese citizens performance in translating questions and answers. In some countries, it can take months to obtain a marriage license to marry a foreigner, and the process may require the foreigner to be present in the country for the entire time.

In addition, if a K1 is denied at the consulate then a petitioner can marry and file for a CR1 while the K1 is being re-adjudicated by USCIS. A petitioner with a denied CR1 may have no option but to wait out the decision by USCIS.

[sachinky 464]

Oh, I didn't realize the OP had already applied. What I got from from the OP is that he was GOING to apply for the K-1. So yeah, moot point.

Jim -- thanks for listing out the points. I wasn't aware of those distinctions regarding children.

And by "superior" I just meant the a CR-1 is a greencard on arrival whereas with a K-1 you have to go through AOS, and can't work till you have the EAD etc. More costly.

Good luck, OP.

Edited December 29, 2009 by sachinky

[SuperDuper! 230]

I don't understand -- why can't you get married in China -- you know, for real. And then just file for a CR-1.

It's a much superior visa to the K-1, any day.

Not superior. Just more right for some than others. Letz be honest. Thx.

[Justine+David 218]

Yeah, K1 is the quickest way to be with your fiance, minus doing it from a VWP and adjusting status which is more risky...

[baron555 934]

There are a number of situations in which the CR1 is not superior, and is actually much more of a problem. For example, children between the ages of 18 and 21 cannot be derivatives of a CR1 unless the petitioner and beneficiary were married, and the step-parent relationship was established before the children turned 18. However, they WOULD qualify as derivatives of a K1, provided they adjust status before they are 21. That was my situation with my fiancee, which made the K1 the only practical option.

Also, in some countries it is extraordinarily difficult for a foreigner to marry a local citizen. In Vietnam, for example, the Vietnamese citizen has to show he/she is fluent in the foreigner's language, even if the foreigner is already fluent in Vietnamese. This is done in a subjective interview where two government translators grade the Vietnamese citizens performance in translating questions and answers. In some countries, it can take months to obtain a marriage license to marry a foreigner, and the process may require the foreigner to be present in the country for the entire time.

In addition, if a K1 is denied at the consulate then a petitioner can marry and file for a CR1 while the K1 is being re-adjudicated by USCIS. A petitioner with a denied CR1 may have no option but to wait out the decision by USCIS.

The OP has clearly stated the marriage in China would only be for simple convience. That is not the same as religious or cultural traditions as some have mentioned. Personally I would not risk a denial because you got married too quickly.

[JD63 4]

I'm not an expert in Chinese culture, but I think it's quite common for pre-wedding photos in traditional costumes and various family and ceremonial trappings that would have no bearing on legal eligibility for marriage.

I guess the only part i'm confused about is the OP's use of the word "fake." If by fake they mean non-legal ceremony in China, then I'm not sure why it would be an issue.