Marriage on AP

[WonTanNara 0]

Hi everyone,

I'm sure there will be lots of different opinions on this, but I'm wondering if anyone has the facts.

My fiance is stuck in AP for security clearance and we've been waiting almost six months. If he's not here by the middle of November, I'm buying a ticket to go visit him in December/January. We would really like to have our marriage ceremony in Guinea but I do not want to file again for another visa. Our K1 visa is conditionally approved, ie our relationship is verified, all our paperwork is verified, and we are simply waiting for clearance.

Guinea isn't exactly like the U.S. when it comes to documentation. When you to the ministry for a birth certificate, you tell them what information you want on it. The same is true for a passport. Eh, if we'd known this we probably would have chosen a very uncommon name for his documentation! This ceremony would be for us, not for the gov't, and we wouldn't be filing any papers. We have always planned to have a ceremony in Guinea, but the original plan was to go back and do it after he gets his greencard. Who knows how long that will take and we'd like to do it while I'm there and we have the opportunity. By that time it will have been almost a year since I filed the original petition.

I'm curious to know if anybody has any experience with this scenario.

[*JG* 2]

We have seen this question all the time on this board. As long as the ceremony is NOT official in any way shape or form, it's fine. However, it's not a marriage then. With the K-1, you MUST be engaged when you he steps foot in the US. Otherwise, it's visa fraud and the penalties are stiff.

I have heard of people who have been denied at interview and POE because pictures looked too much like official wedding pictures.

I always suggest just waiting it out. It's not easy on anyone. But, most make it through the paperwork and the wait. I would never suggest risking it for any reason.

[YuAndDan 153]

Plain and simple, marriage outside the USA while K-1 is pending will invalidated the K-1, you WILL need to then file I-130 for a spousal visa.

K-1 is ONLY for Fiancees NOT spouses.

This is a FAQ: http://www.visajourney.com/faq/k1k2visa-ap...ation.html#4.11 4.11)...My alien fiancee has been issued a K-1 visa. Can we get married abroad and then come back together to the US with the K-1?

[WonTanNara 0]

We have seen this question all the time on this board. As long as the ceremony is NOT official in any way shape or form, it's fine. However, it's not a marriage then. With the K-1, you MUST be engaged when you he steps foot in the US. Otherwise, it's visa fraud and the penalties are stiff.

I have heard of people who have been denied at interview and POE because pictures looked too much like official wedding pictures.

I always suggest just waiting it out. It's not easy on anyone. But, most make it through the paperwork and the wait. I would never suggest risking it for any reason.

Yeah... I mostly agree with everything you said. I say mostly because it seems like nothing in the U.S. is official without the papers to say so, and in this case we don't care about the papers. It's the ceremony, under God, that's the important thing for us. Would the U.S. gov't recognize that as a marriage without the papers? Guinea is nuts when it comes to documentation anyway. I'll have to do some official research.

[WonTanNara 0]

Plain and simple, marriage outside the USA while K-1 is pending will invalidated the K-1, you WILL need to then file I-130 for a spousal visa.

K-1 is ONLY for Fiancees NOT spouses.

This is a FAQ: http://www.visajourney.com/faq/k1k2visa-ap...ation.html#4.11 4.11)...My alien fiancee has been issued a K-1 visa. Can we get married abroad and then come back together to the US with the K-1?

Thanks for the link, it says:

4.11)...My alien fiancee has been issued a K-1 visa. Can we get married abroad and then come back together to the US with the K-1?

A...No. The alien must NOT be married when s/he enters the US on a K-1 visa. Also, if using the K-1, the couple must marry in the US within 90 days of the alien entering on the K-1.

(FAQ Note: Some couples arrange to have a non legal ceremony prior to the fiance(e) leaving their home country, in order to satisfy the wishes of family, or to have a celebration if the family is unable to travel to the US for a wedding.

back

That little note, a non-legal ceremony, is exactly what we want. So the answer isn't so plain and simple it would seem...

[YuAndDan 153]

Plain and simple, marriage outside the USA while K-1 is pending will invalidated the K-1, you WILL need to then file I-130 for a spousal visa.

K-1 is ONLY for Fiancees NOT spouses.

This is a FAQ: http://www.visajourney.com/faq/k1k2visa-ap...ation.html#4.11 4.11)...My alien fiancee has been issued a K-1 visa. Can we get married abroad and then come back together to the US with the K-1?

Thanks for the link, it says:

4.11)...My alien fiancee has been issued a K-1 visa. Can we get married abroad and then come back together to the US with the K-1?

A...No. The alien must NOT be married when s/he enters the US on a K-1 visa. Also, if using the K-1, the couple must marry in the US within 90 days of the alien entering on the K-1.

(FAQ Note: Some couples arrange to have a non legal ceremony prior to the fiance(e) leaving their home country, in order to satisfy the wishes of family, or to have a celebration if the family is unable to travel to the US for a wedding.

back

That little note, a non-legal ceremony, is exactly what we want. So the answer isn't so plain and simple it would seem...

Yep, a religious ceremony is fine as long as the local government does not treat this a s a legal marriage. In our case we had a nice engagement party for friends and family in China celebrating our future legal marriage in the USA.

[WonTanNara 0]

Plain and simple, marriage outside the USA while K-1 is pending will invalidated the K-1, you WILL need to then file I-130 for a spousal visa.

K-1 is ONLY for Fiancees NOT spouses.

This is a FAQ: http://www.visajourney.com/faq/k1k2visa-ap...ation.html#4.11 4.11)...My alien fiancee has been issued a K-1 visa. Can we get married abroad and then come back together to the US with the K-1?

Thanks for the link, it says:

4.11)...My alien fiancee has been issued a K-1 visa. Can we get married abroad and then come back together to the US with the K-1?

A...No. The alien must NOT be married when s/he enters the US on a K-1 visa. Also, if using the K-1, the couple must marry in the US within 90 days of the alien entering on the K-1.

(FAQ Note: Some couples arrange to have a non legal ceremony prior to the fiance(e) leaving their home country, in order to satisfy the wishes of family, or to have a celebration if the family is unable to travel to the US for a wedding.

back

That little note, a non-legal ceremony, is exactly what we want. So the answer isn't so plain and simple it would seem...

Yep, a religious ceremony is fine as long as the local government does not treat this a s a legal marriage. In our case we had a nice engagement party for friends and family in China celebrating our future legal marriage in the USA.

Yeah that is exactly what we want, the non-legal religious ceremony (and Guinean Doundounba) mainly to celebrate with his family since we're not sure when we'll be able to go back together, or even when he'll be here for that matter! Thanks for the info!

[miamiwife 0]

WonTanNara--I think it would be something you could look forward to, and be something to celebrate instead of agonizing "When?" every day. I've been dealing with the reverse--I got officially married in my husband's country without my family or friends and have been waiting for 15 months for my turn. Now I wonder if it will ever happen. I wish I did what you want to do--have the unofficial ceremony there, and the official one here. I regret this so much.

[WonTanNara 0]

WonTanNara--I think it would be something you could look forward to, and be something to celebrate instead of agonizing "When?" every day. I've been dealing with the reverse--I got officially married in my husband's country without my family or friends and have been waiting for 15 months for my turn. Now I wonder if it will ever happen. I wish I did what you want to do--have the unofficial ceremony there, and the official one here. I regret this so much.

You're right, though I would much rather he have his visa before the middle of December, planning something in Guinea gives me something to look forward to and daydream about when I feel like crying (which is pretty much every day).

You need to hang in there miamiwife, it will happen. I think you're waiting for security clearance, too? I've been trying to look at it like this... the hard part is over. The paperwork is verified, the relationship is verified, and the interview is complete. I know my fiance has no sort of criminal record anywhere, so it's just a matter of time before he is cleared. It's just a matter of time for your husband, too. Fifteen months is a long time to wait, but it's just a blip in time compared to the many years you have ahead of you. Pretty soon you'll be sitting at the table together eating dinner saying "Remember when..."

Courage.

[taurean 0]

I never post in this forum, but I felt compelled to do so on this thread. Personally I would not chance having even a non-paper ceremony, especially if you are in AP. There are K-1 VJers that had a non-paper marriage ceremony and somehow that information got into the hands of the consulate and they were confronted with it at a later interview. Plus you don't want your fiance to have to "think" if/when asked at the POE if he's already married. I can certainly understand you wanting to be married already, but I personally would not want to do anything to jeopardize reuniting with my fiance in this country. Just my .02cents.

[Ta Ta 1]

I agree with Taurean and have first hand experience with this dilemma.

Dakar is a tough embassy and they look for reasons to deny. I would do an engagement party but not a non legal wedding ceremony.

Even if you just wait for security clearance and everything else was said to be in order, you just may find that they are doing a last minute field investigation in your SO's neighborhood and ask family and friends about your relationship.

It takes only one guest to say oh yeah they had a marriage ceremony and the food was great etc........when interviewed by the investigating CO and there goes your approval down the drain.

My non legal, non registered, no signature rendered ceremony was obtained by the CO without my knowledge and we were shown photos of it

and firmly questioned. I said, it was not a legal ceremony, I was told by the CO " I do not believe that !".........but ok I will let that one slip.....don't assume anything and be very careful.

[WonTanNara 0]

I agree with Taurean and have first hand experience with this dilemma.

Dakar is a tough embassy and they look for reasons to deny. I would do an engagement party but not a non legal wedding ceremony.

Even if you just wait for security clearance and everything else was said to be in order, you just may find that they are doing a last minute field investigation in your SO's neighborhood and ask family and friends about your relationship.

It takes only one guest to say oh yeah they had a marriage ceremony and the food was great etc........when interviewed by the investigating CO and there goes your approval down the drain.

My non legal, non registered, no signature rendered ceremony was obtained by the CO without my knowledge and we were shown photos of it

and firmly questioned. I said, it was not a legal ceremony, I was told by the CO " I do not believe that !".........but ok I will let that one slip.....don't assume anything and be very careful.

Thanks for the candid responses. The embassy has told me several times that he does not need a second interview but hey, ya never know.

It's no longer an issue anyway because he decided that until he has that envelope in his hand, we are not setting foot in Guinea. Those of you that have SOs from W. African countries know that sorcery is very real to them and it's especially prevalent in Guinea. He's afraid if he goes back without that envelope then somebody will do something to sabotage him and he'll never have his visa. If we don't get a call in the next two weeks then I'm buying my ticket to go back Dec 17th. However, no visa, no Guinea and we'll just hang out in N'Gor for a month (thank God for my Guinean dance teacher livin' in N'Gor). If we have the envelope by then Insh-Allah, we'll be done with the embassy and we are going to proceed with the non-legal ceremony with his family in Guinea before returning to the U.S.

First the gov't steals my money to give to irresponsible bank CEOs and now they have to steal my TIME too? AP sucks.

[Nita&Assaad 0]

I am sorry this is happening to you!!!

Hope you hear something soon!! Hang in there!!

Nita

[WonTanNara 0]

I am sorry this is happening to you!!!

Hope you hear something soon!! Hang in there!!

Nita

Aww thanks Nita, that is very sweet. We're hangin' in there and trying to look at the blessings that have come out of this. The stress of this wait has really brought us so much closer together. We were talking about this today in fact, that in April at our interview we really did not know each other as welll as we do now. We've talked about never taking each other for granted because of what we've had to go through to be together, and I think in many ways this wait has saved us... Insh-Allah he will come home to me soon and we'll make BABIES!

[tammy2688 1]

WonTanNara--I think it would be something you could look forward to, and be something to celebrate instead of agonizing "When?" every day. I've been dealing with the reverse--I got officially married in my husband's country without my family or friends and have been waiting for 15 months for my turn. Now I wonder if it will ever happen. I wish I did what you want to do--have the unofficial ceremony there, and the official one here. I regret this so much.

WanTanNara,

I agree with the others as in not having any offical paperwork/offical marriage recognized by the gov't until he gets the visa. Do the ceremony, there are no laws against professing love. Get officially married when he gets here and you will be set.

Miamiwife- You and I got married 2 days apart . I didn't know that! Also - your time between NOA1 and NOA2 is very long. I believe they had done security checks during that time. I noticed a pattern with people getting quicker AP's if they had a long approval time.

Good luck to you.

WanTanNara - sending you love and prayers for a wonderful ceremony.

Tam