does it matter how you marry?

[m_olask 0]

hey all,

Just a quick question! we plan on marrying on colorado where its legal to self solemnize your marriage. This sounded ideal to us, no stranger doing the ceremony. I just wanted to know if anyone knew if this would be a problem for the k-3/cr-1 application? the marriage would be fully legal and recognised in the US, just that the officials names on the certificate would be our own and not a judge or legal bod etc.

many thanks

[JenT 0]

As long as you have a valid marriage certificate issued in the state within which you were married, you are covered.

[Movin on New Life 3]

hey all,

Just a quick question! we plan on marrying on colorado where its legal to self solemnize your marriage. This sounded ideal to us, no stranger doing the ceremony. I just wanted to know if anyone knew if this would be a problem for the k-3/cr-1 application? the marriage would be fully legal and recognised in the US, just that the officials names on the certificate would be our own and not a judge or legal bod etc.

many thanks

I would confirm and reconfirm it is legal... sounds too iffy for USCIS...why take the chance... what the ahrm with an offical stamp?

[m_olask 0]

its perfectly legal:

http://www.co.boulder.co.us/clerk/recordin...e/obtaining.htm

see final paragraph

and i also emailed the clerk of the court in boulder and they confirmed its legal.

I will also have a certified copy from the court.

its important because we wanted to get married up in the mountains at sunset, just the 2 of us but of course if it were a problem, i would change it, but if not, id like to stick to that plan....

[Movin on New Life 3]

its perfectly legal:

http://www.co.boulder.co.us/clerk/recordin...e/obtaining.htm

see final paragraph

and i also emailed the clerk of the court in boulder and they confirmed its legal.

I will also have a certified copy from the court.

its important because we wanted to get married up in the mountains at sunset, just the 2 of us but of course if it were a problem, i would change it, but if not, id like to stick to that plan....

Ahhh how romantic!!! Great for you sounds like you checked it all out... Go for it then hope you get lots of pictures..sounds like it will be beautiful!

[m_olask 0]

thanks

yeah it is beautiful!! i just hope it would be okay.

I range the US embassy in london and they said they had never heard of it, but as long as you have a valid and legal marriage certificate, you should be okay.

[babybunny 2]

I would not be playing with the laws like that. I would be getting some officent to perform it

I would not want it biting you in the azz later. the USICS is so up everyone behind these days

why take the risk - geez. you can have an officent come there to the mountains.

[Laura_and_IanM 0]

I would not be playing with the laws like that. I would be getting some officent to perform it

I would not want it biting you in the azz later. the USICS is so up everyone behind these days

why take the risk - geez. you can have an officent come there to the mountains.

I would have to agree with shonjaved on this one. It may be legal in Colarodo, but it may not sit right with the government for which you are asking them to allow your foreign spouse to come to the states and live. Why take the chance? Also, look at it this way, there are divorces in Nevada that are considered to be legal there, but I know of a few instances where people have gone to get married only for the government to turn around and say hey...your marriage is not valid because neither was your divorce. Don't take the risk m8! This is your future wife...take an official upto the mountains with you...It will still be very romantic..

Laura Mitchell

[m_olask 0]

what are the requirements then? i just thought it was a valid marriage certificate?

the clerk of the court in boulder assured me its legal and accepted in the US.

[Laura_and_IanM 0]

what are the requirements then? i just thought it was a valid marriage certificate?

the clerk of the court in boulder assured me its legal and accepted in the US.

TBH, I think it all lies with whoever looks at the copies of your marriage certificate during each step, and then again at the interview. I don't have a definite answer for that one. I know I wouldn't want to take the chance and have to start all over again. Why not just have an official perform the ceromony? WHy take such a risk? I know for me personally, this is a big huge step and I wouln't want to make it all the way to the finish line only to be told at the interview that they can't give my husband a visa because they don't believe the type of ceremony we had was valid. This is only my personal opinion. You do what you feel is best for you and your fiance.

Laura Mitchell

[m_olask 0]

there are two reasons why we wanted to do it that way.

first, its how we wanted it, we are just going to go away the two of us and get married, and we really liked the idea of the two of us hiking up to our favourite spot in the mountains at sunset to get married. how many judges would do the hike i wonder...

also, we might well be getting married at very short notice. If the judge in my partners divorce waives the 30 day remarry prohibition, then we will be scooting off the next day, late notice for an official.

of course, i would not do it if it was to risk anything at a later date. but having been assured its legal and accepted and the US embassy in london told me you needed a valid marriage certificate, we dont really want to change our plans unless we know for sure it would really be an issue

[JenT 0]

You do have a point, Laura. I wonder if it's really that subjective though.

OP, another option might be continuing with your plans, as meaningful as they are to you, but in addition, seek out a justice of the peace just to validate the paperwork...

[lucyrich 20]

It has to be a legally binding marriage, with a marriage certificate showing it has been recorded by the local authorities. The marriage certificate has to be issued by the government agency in your area that has jurisdiction to issue marriage certificates. The marriage can't be contrary to federal law (no same-sex or bigamous marriages, regardless of whether they're legal where they were performed).

Beyond that, it's up to you to create the kind of wedding you want to have. As you've found, there are no USCIS requirements about who has to officiate or solemnize a marriage.

If it's the kind of marriage that would require a legal divorce to terminate, the kind that would allow property inhertitance by the surviving spouse in the event one of you dies, the kind that makes you check one of the "married" boxes on your next tax returns, etc., then it's the kind that works for immigration.

Make your celebration the way you want it.

[Laura_and_IanM 0]

of course, i would not do it if it was to risk anything at a later date. but having been assured its legal and accepted and the US embassy in london told me you needed a valid marriage certificate, we dont really want to change our plans unless we know for sure it would really be an issue

That is the point though, no one really is sure if it will or will not be an issue. It is down to the person that is looking your case over at each step and again at your interview. You may not get an RFE during each petition that you submit, but what if you get to the interview and they question it there? I just wouldn't want to see you or anyone get all the way to the end and then have a road block due to the fact that you didn't have an official perform your ceromony. It's one of those things where you have to really think about and ask yourselves if it is really worth having what you want, or having what is safest in the long run. It's a ####### shoot tbh, and one that if you can avoid it, then do by all means. I think your idea is very romantic and sweet, but not realistic for such a huge process as this. Why not have the marriage in the mountains but then go to a proper judge or official and do it there as well?? I don't know how this self solominzing marriage thing works, but with most marriage ceremonies you have to have 2 witnesses, anyone can just say that yeah they married themselves...know what I mean? I think perhaps that may be where the USCIS may have a problem with that type of marriage. Have a think over and definately talk it over with your fiance.

Laura Mitchell

[m_olask 0]

if i get to the interview and they question it, i can let them know its perfectly legal and point them to the same link i provided in an earlier post.

but i know what your saying and i appreciate your concern, really

i have a good few weeks till any decision has to be made, so ill discuss it over with my partner and see if i can find out either way 100%.

im thinking about just doing the marriage in texas for the paperwork, then going upto the mountains for the honeymoon and doing our own thing then

but of course if anyone else has any input, it would be good to read

Edited June 6, 2006 by m_olask