So, I think I screwed myself, Any hope? Religious Marriage

[blondie2713 0]

So, Before I found this site and all its wonderful resources, I filed the I129f on behalf of my fiance from Mexico. He comes from a small town that is extremely Catholic. In order for us to be able to live together, you must be married within the church. We did in April of this year. I went to file for a marraige cert but they said since I was a foreigner I needed so many doc's approved and translated and that I would need to apply in the capital of the state where I live. So I called NSCIS and asked which form would I fill out immigration wise and they told me, 129f. I did mention that I was religiously married but not civilly. So the guy said that any marriage that isn't civil in the US or Mexico is not recognized as legal and to file the 129f. So I did, and unknowingly I added not only pics of my wedding but the VIDEO!!! Someone please make me stop crying and tell me that my fiance visa will be approved, if my fiance finds out I caused this, he may explode. PLEASE HELP!!!!

[brnidokiegurl 0]

others have done the religion only marriage and file k1 but now for the pictures usually it is advised to NOT show pictures of engagement parties etc looking like a marriage so just wait and see i guess

[blondie2713 0]

others have done the religion only marriage and file k1 but now for the pictures usually it is advised to NOT show pictures of engagement parties etc looking like a marriage so just wait and see i guess

Thanks!!

[payxibka 10,047]

So, Before I found this site and all its wonderful resources, I filed the I129f on behalf of my fiance from Mexico. He comes from a small town that is extremely Catholic. In order for us to be able to live together, you must be married within the church. We did in April of this year. I went to file for a marraige cert but they said since I was a foreigner I needed so many doc's approved and translated and that I would need to apply in the capital of the state where I live. So I called NSCIS and asked which form would I fill out immigration wise and they told me, 129f. I did mention that I was religiously married but not civilly. So the guy said that any marriage that isn't civil in the US or Mexico is not recognized as legal and to file the 129f. So I did, and unknowingly I added not only pics of my wedding but the VIDEO!!! Someone please make me stop crying and tell me that my fiance visa will be approved, if my fiance finds out I caused this, he may explode. PLEASE HELP!!!!

Don't worry about the video... that type of evidence, due to the nature of the media it is on, will be ignored (USCIS accepts no evidence on any magnetic or other similar media)... However, my opinion is that you have an uphill battle with the pictures...

[NicoleX08 1]

Where in Mexico are you planning on getting married? I got married in Puebla Mexico and all I needed was my birth certificate translated into spanish and have that notarized and apostilled by the secretary of state in the state that the birth certificate is from (does that make sense?) Like I was born in Ohio, so I had to get the birth certificate translated in spanish and took it to the state capital, Columbus, and had it notarized, then I took it to the Clerk of courts office and had the signature authenticated for the notary, and then took it to the Secretary of States office and had it appostled. I think it took me about 1 and a half hours and about $20, including parking and fees and stuff.

Then when you get to Mexico, you have to get permission from the office of immigration to marry a Mexican national. I think the fee was about 1450 pesos, or $150. It takes about 3 business days for the approval. Then you can file for a civil marriage.

If you want to file for a spouse, you have to have the Acta de Matrimonio, which you can only get after the civil ceremony because that is the only type of ceremony that is recognized by the US government (at least from Mexico)

If you filed the K-1 visa application, you would have to have sent them the Acta de Matrimonio, without that they will know that it is not a "legally acceptable" marriage. You can cancel the K-1 if you would like and then get married and file for the IR-1/CR-1 visa.

I think you will be fine!! Don't cry!!

If you have any questions, please feel free to ask!

[blondie2713 0]

Where in Mexico are you planning on getting married? I got married in Puebla Mexico and all I needed was my birth certificate translated into spanish and have that notarized and apostilled by the secretary of state in the state that the birth certificate is from (does that make sense?) Like I was born in Ohio, so I had to get the birth certificate translated in spanish and took it to the state capital, Columbus, and had it notarized, then I took it to the Clerk of courts office and had the signature authenticated for the notary, and then took it to the Secretary of States office and had it appostled. I think it took me about 1 and a half hours and about $20, including parking and fees and stuff.

Then when you get to Mexico, you have to get permission from the office of immigration to marry a Mexican national. I think the fee was about 1450 pesos, or $150. It takes about 3 business days for the approval. Then you can file for a civil marriage.

If you want to file for a spouse, you have to have the Acta de Matrimonio, which you can only get after the civil ceremony because that is the only type of ceremony that is recognized by the US government (at least from Mexico)

If you filed the K-1 visa application, you would have to have sent them the Acta de Matrimonio, without that they will know that it is not a "legally acceptable" marriage. You can cancel the K-1 if you would like and then get married and file for the IR-1/CR-1 visa.

I think you will be fine!! Don't cry!!

If you have any questions, please feel free to ask!

The thing is that I have filed the K-1 for fiance and payed the ridiculous 500 fee and the waiting is unbearable. Plus I live in Mexico right now and was born in Ca and my Mom had went originally to try and get it apostled or whatever it is called and they said that they were backlogged and it would take months. That is why we didn't and went the 129 route. We have no acta de matrimonio but they say that if it looks like a marriage, and sounds like a marriage, then it probably is. I just dont want to have wasted all the time and money and effort, especially since we are not legally married and couldn't filed for the 130 anyways

[NicoleX08 1]

you might get an RFE because they might think that it is a marriage, but you just call them and explain that it was a religious ceremony and not a civil. I sent in a video and they sent it back to me, so they might not even look at the video. I think you will be ok...

[MichelleN 0]

Someone please make me stop crying and tell me that my fiance visa will be approved, if my fiance finds out I caused this, he may explode. PLEASE HELP!!!! cray5ol.gif

Why would he explode..? It was an honest mistake.

[blondie2713 0]

you might get an RFE because they might think that it is a marriage, but you just call them and explain that it was a religious ceremony and not a civil. I sent in a video and they sent it back to me, so they might not even look at the video. I think you will be ok...

We got the NOA1 in July and nothing was wrong. We expect the NOA2 in Dec but I thought the NOA2 was just FBI clearance and stuff, nothing to do with the packet itself. I thought they would have sent the packet back if it wasn't right, right. I just do not want to get to CDJ and have them say opps, denied cause your married. In my letters of intent I wrote thatwe were marrying in the US because our religous marriage in Mexico wasn't considered legal by Mexcio nor The US. PLus, My fiance was also EWI and left legally with no criminal background so we will file for the I-601 waiver.

[blondie2713 0]

Someone please make me stop crying and tell me that my fiance visa will be approved, if my fiance finds out I caused this, he may explode. PLEASE HELP!!!! cray5ol.gif

Why would he explode..? It was an honest mistake.

Because he wanted to get a lawyer and I told him that I could do it myself.... and look what I did. He will say "See! that is why we needed a laywer!"

[NicoleX08 1]

you might get an RFE because they might think that it is a marriage, but you just call them and explain that it was a religious ceremony and not a civil. I sent in a video and they sent it back to me, so they might not even look at the video. I think you will be ok...

We got the NOA1 in July and nothing was wrong. We expect the NOA2 in Dec but I thought the NOA2 was just FBI clearance and stuff, nothing to do with the packet itself. I thought they would have sent the packet back if it wasn't right, right. I just do not want to get to CDJ and have them say opps, denied cause your married. In my letters of intent I wrote thatwe were marrying in the US because our religous marriage in Mexico wasn't considered legal by Mexcio nor The US. PLus, My fiance was also EWI and left legally with no criminal background so we will file for the I-601 waiver.

The NOA2 has everything to do with the packet you send in. The NOA2 means that they have looked over your submitted evidence and there is enough proof to show that you have a valid relationship.

[payxibka 10,047]

The NOA2 has everything to do with the packet you send in. The NOA2 means that they have looked over your submitted evidence and there is enough proof to show that you have a valid relationship .

more like:

..... demonstrated that the petitioner is a USC, you have met your alien fiance(e) within the previous 2 years, are both free to marry and you both intend on marrying within 90 days of the alien's entry.

The I-129F approval is not about bonafide relationship.... If it was, then I had no chance of getting my petition approved because I submitted NOTHING.

Edited September 8, 2008 by fwaguy

[pushbrk 13,116]

The NOA2 has everything to do with the packet you send in. The NOA2 means that they have looked over your submitted evidence and there is enough proof to show that you have a valid relationship .

more like:

..... demonstrated that the petitioner is a USC, you have met your alien fiance(e) within the previous 2 years, are both free to marry and you both intend on marrying within 90 days of the alien's entry.

The I-129F approval is not about bonafide relationship.... If it was, then I had no chance of getting my petition approved because I submitted NOTHING.

Right, I'm no sure why so many people confuse these issues. I think, in this case, if there's a problem, it will be at the interview. You really need a Consulate specific answer. Perhaps you can only obtain it by emailing the Consulate directly. I've seen a lot of Catch 22's in this kind of circumstance. Unfortunately I've seen some cases of couples not being "married enough" to obtain a spouse visa but "too married" to obtain a fiance(e) visa.

Edited September 8, 2008 by pushbrk

[maya62 7]

We did the same thing... had an unofficial religious ceremony... and I fretted over it afterwards, just like you.

When I first started delving into visas and realized we might have jeopardized our chances for a smooth process, I called the USCIS line and they passed me to an IO, who laughed and said "Just file the K-1"

I called/visited/emailed numerous immigration attorneys (including one Nepali atty in NYC) here in the US and all said "Just file the K-1".

There used to be a list of "trusted" attorneys on the website of the US Embassy in Kathmandu, and I even sent my husband to talk to one of them in Kathmandu. He said "Just file the K-1".

When my husband (then fiance) and son went for their interview, he was asked if we had had a ceremony. I think the Embassy-approved attorney tipped off the Consulate about this issue, and at that point, I think it became an opportunity to test integrity rather than an issue over our marital status. If he had lied, we would've been SOL. Of course he told the truth, and the visas were issued.

There's also a USCIS appeal ruling about a couple from India who were in a similar situation and were denied. The ruling was in their favor, though... something like "a marriage that is found to be non-legal for the purposes of K-3 issuance can not be a reason to deny a K-1" or something like that... I'll see if I can find it.

I would be sure your fiance is prepared for questions about what you've done, and that he can and will answer them calmly and honestly.

Best wishes,

Maya

[maya62 7]

OK, I found it, but it doesn't work any more. Here is the finding, verbatim:

It is concluded that, if the petitioner's marriage is not recognized for immigration purposes in order to have an immigrant visa petition approved, then the petitioner cannot be considered "married" for the purpose of denying a fiance(e) visa petition.

I'll see if I can figure out a new way to get there...

M

Edited September 8, 2008 by maya62