K-1 Visa, What is a marriage?

[bootslacky 1]

Hi all,

I haven't seen this question posted anywhere, but maybe I haven't looked hard enough. I was wondering what constitutes a marriage, if it is taking place in Canada? My fiance and I are planning to file for a K-1 Visa, but want to have the "family gathering and celebration" in Canada. So, we are wondering what all we have to leave out of the "celebration" in order for the gathering not to be considered a wedding, so that after she gets her K-1 Visa, she can come down and we can go to a courthouse and make it official by signing some papers and what not.

Has anyone heard of doing anything like this? We don't want to break the law or anything, so we want to be sure that whatever we plan in Canada will not be official.

Thanks to all. If this is discussed on some other topic, can you post a link please?

[sara..... 371]

Hi all,

I haven't seen this question posted anywhere, but maybe I haven't looked hard enough. I was wondering what constitutes a marriage, if it is taking place in Canada? My fiance and I are planning to file for a K-1 Visa, but want to have the "family gathering and celebration" in Canada. So, we are wondering what all we have to leave out of the "celebration" in order for the gathering not to be considered a wedding, so that after she gets her K-1 Visa, she can come down and we can go to a courthouse and make it official by signing some papers and what not.

Has anyone heard of doing anything like this? We don't want to break the law or anything, so we want to be sure that whatever we plan in Canada will not be official.

Thanks to all. If this is discussed on some other topic, can you post a link please?

hmmm im not sure but i think u have to leave out the I NOW PRONOUNCE YOU HUSBAND AND WIFE and also can not be registered anyplace so mostly just a blessing i guess is all that you could really receive and still be legally able to come on k1 visa but take care with photos because the embassy may view it as a marraige

sara

[Otto 83]

The question gets asked in one form or another on a pretty regular basis - Best advice is to do the civil (or whatever) ceremony in the US, then do the family 'celebration' in the home country after - if nothing else, to avoid any possible 'confusion.'

[bootslacky 1]

The question gets asked in one form or another on a pretty regular basis - Best advice is to do the civil (or whatever) ceremony in the US, then do the family 'celebration' in the home country after - if nothing else, to avoid any possible 'confusion.'

And therein lies the issue. Unfortunately, we can try to file everything, but everything is booked for this September 26, 2009. That's when the "unofficialy wedding" will be taking place. I don't think we can get the K-1 Visa completed by then. We plan on calling the Canadian Consulate several times (trying to talk to different people) to see what they say makes it an official marriage.

Great Tip about the wedding pictures!!! We'll have to be careful about those.

When you say not to register anywhere, do you mean don't register for gifts and such as like Macy's or Target? Or do you mean registering with regards to some other process?

Maybe, we could just register at places after our official legal wedding? haha oh man.

[Minya's wife 24]

What exactly have you planned for your celebration in September? The answer to your question depends this. If all you're having is a big party for your family and friends, then I would say that there should be no problem. But, if you have someone officiating a wedding type ceremony, that may constitute a marriage, depending on the laws of Canada. Anything that involved any ceremonial rights usually considered a legal marriage, regardless of whether it is registered or not...but you would have to double check to be sure.

Normally with visas, the common rule of thumb is not to make any wedding plans because the visa can always be delayed, due to circumstances beyond your control. If there is any way to re-schedule your event, I would do that, but if not....I would make sure that there is no 'ceremony' included, just to be safe.

-P

[pushbrk 12,881]

The question gets asked in one form or another on a pretty regular basis - Best advice is to do the civil (or whatever) ceremony in the US, then do the family 'celebration' in the home country after - if nothing else, to avoid any possible 'confusion.'

And therein lies the issue. Unfortunately, we can try to file everything, but everything is booked for this September 26, 2009. That's when the "unofficialy wedding" will be taking place. I don't think we can get the K-1 Visa completed by then. We plan on calling the Canadian Consulate several times (trying to talk to different people) to see what they say makes it an official marriage.

Great Tip about the wedding pictures!!! We'll have to be careful about those.

When you say not to register anywhere, do you mean don't register for gifts and such as like Macy's or Target? Or do you mean registering with regards to some other process?

Maybe, we could just register at places after our official legal wedding? haha oh man.

This gets sticky in Canada. What is meant by "registering" is the marriage itself with the civil authorities. The problem with Canada is that marriages performed by officiants such as ministers, who are authorized to perform legal marriages, ARE recognized as "legal marriages", even without a license and without government paperwork. I assume these laws are in place to protect (from a religious or moral standpoint) those far from government offices who wish to "marry" on short notice.

So, the first response that said to leave out the vows and the "I now pronounce you..." is critical in Canada. Celebrations are fine but best to call them an engagement party and indicate that the actual marriage needs to occur in the US. You could even explain this in any invitations. For a K1 visa, the foreign fiance(e) must enter the USA unmarried and marryi n the USA within 90 days or go home.

I suppose you could have a fake wedding with a fake officiant though. (officiant who is not empowered to marry anybody, actor etc.)

[bootslacky 1]

The question gets asked in one form or another on a pretty regular basis - Best advice is to do the civil (or whatever) ceremony in the US, then do the family 'celebration' in the home country after - if nothing else, to avoid any possible 'confusion.'

And therein lies the issue. Unfortunately, we can try to file everything, but everything is booked for this September 26, 2009. That's when the "unofficialy wedding" will be taking place. I don't think we can get the K-1 Visa completed by then. We plan on calling the Canadian Consulate several times (trying to talk to different people) to see what they say makes it an official marriage.

Great Tip about the wedding pictures!!! We'll have to be careful about those.

When you say not to register anywhere, do you mean don't register for gifts and such as like Macy's or Target? Or do you mean registering with regards to some other process?

Maybe, we could just register at places after our official legal wedding? haha oh man.

This gets sticky in Canada. What is meant by "registering" is the marriage itself with the civil authorities. The problem with Canada is that marriages performed by officiants such as ministers, who are authorized to perform legal marriages, ARE recognized as "legal marriages", even without a license and without government paperwork. I assume these laws are in place to protect (from a religious or moral standpoint) those far from government offices who wish to "marry" on short notice.

So, the first response that said to leave out the vows and the "I now pronounce you..." is critical in Canada. Celebrations are fine but best to call them an engagement party and indicate that the actual marriage needs to occur in the US. You could even explain this in any invitations. For a K1 visa, the foreign fiance(e) must enter the USA unmarried and marryi n the USA within 90 days or go home.

I suppose you could have a fake wedding with a fake officiant though. (officiant who is not empowered to marry anybody, actor etc.)

Thanks a lot everyone. I agree that we have to be very careful about this "gathering". She's got the dress, the hall booked, and a deposit on the photographer. I wish we would have started the paperwork earlier, but even if this "engagement celebration" happens before the filing is complete, we should still be able to visit each other, and go on an "engagement honeymoon" within the United States no problem. Right?

We will be getting in touch with someone with legal knowledge of Canadian law with regards to what makes it official, DEFINITELY! I just didn't know if anyone happened to already have this knowledge or know of a story in which "so and so did this, and it was okay".

I wonder if having someone that is ordained to doing weddings in the States, can also do them in Canada? If not, then I'll probably use my bro-in-law as he can do them here in the States. It's all very touchy, but we're going to do our best to get it right. We're both just so ready to end these short weekend visits, with the occasional 1 week - 2 week visits, and just be together! You know?

[Minya's wife 24]

The question gets asked in one form or another on a pretty regular basis - Best advice is to do the civil (or whatever) ceremony in the US, then do the family 'celebration' in the home country after - if nothing else, to avoid any possible 'confusion.'

And therein lies the issue. Unfortunately, we can try to file everything, but everything is booked for this September 26, 2009. That's when the "unofficialy wedding" will be taking place. I don't think we can get the K-1 Visa completed by then. We plan on calling the Canadian Consulate several times (trying to talk to different people) to see what they say makes it an official marriage.

Great Tip about the wedding pictures!!! We'll have to be careful about those.

When you say not to register anywhere, do you mean don't register for gifts and such as like Macy's or Target? Or do you mean registering with regards to some other process?

Maybe, we could just register at places after our official legal wedding? haha oh man.

This gets sticky in Canada. What is meant by "registering" is the marriage itself with the civil authorities. The problem with Canada is that marriages performed by officiants such as ministers, who are authorized to perform legal marriages, ARE recognized as "legal marriages", even without a license and without government paperwork. I assume these laws are in place to protect (from a religious or moral standpoint) those far from government offices who wish to "marry" on short notice.

So, the first response that said to leave out the vows and the "I now pronounce you..." is critical in Canada. Celebrations are fine but best to call them an engagement party and indicate that the actual marriage needs to occur in the US. You could even explain this in any invitations. For a K1 visa, the foreign fiance(e) must enter the USA unmarried and marryi n the USA within 90 days or go home.

I suppose you could have a fake wedding with a fake officiant though. (officiant who is not empowered to marry anybody, actor etc.)

Thanks a lot everyone. I agree that we have to be very careful about this "gathering". She's got the dress, the hall booked, and a deposit on the photographer. I wish we would have started the paperwork earlier, but even if this "engagement celebration" happens before the filing is complete, we should still be able to visit each other, and go on an "engagement honeymoon" within the United States no problem. Right?

We will be getting in touch with someone with legal knowledge of Canadian law with regards to what makes it official, DEFINITELY! I just didn't know if anyone happened to already have this knowledge or know of a story in which "so and so did this, and it was okay".

I wonder if having someone that is ordained to doing weddings in the States, can also do them in Canada? If not, then I'll probably use my bro-in-law as he can do them here in the States. It's all very touchy, but we're going to do our best to get it right. We're both just so ready to end these short weekend visits, with the occasional 1 week - 2 week visits, and just be together! You know?

There's nothing touchy about it. You have applied for a K-1 "fiancee' visa....in order for you to maintain eligibility to receive that visa when you get interviewed for it, you have to be unmarried at that time of visa issuance.

As pushbrk stated, in Canada, ministers and priests have officiating power, so having someone like that perform any kind of ceremony will constitute a legal marriage in Canada. Save yourself any hassle, and just have a great big party as a celebration of your engagement/future wedding. Doing anything that constitutes a wedding may cause you headache in the future. IMO, its not worth it.

-P

[bootslacky 1]

There's nothing touchy about it. You have applied for a K-1 "fiancee' visa....in order for you to maintain eligibility to receive that visa when you get interviewed for it, you have to be unmarried at that time of visa issuance.

As pushbrk stated, in Canada, ministers and priests have officiating power, so having someone like that perform any kind of ceremony will constitute a legal marriage in Canada. Save yourself any hassle, and just have a great big party as a celebration of your engagement/future wedding. Doing anything that constitutes a wedding may cause you headache in the future. IMO, its not worth it.

-P

I know what you mean. I just want to be sure that we can do as much as we can at the "big party" without it being official. I think the next step is to get in touch with some branch of the Canadian government (Consulate office?) and have them answer some of our questions.

My fiance and I really appreciate everyone's input thus far and I'll post everything that I find out that is "without a doubt". Such as, is an ordained minister here in the States also ordained in Canada to do weddings? What about registering? All of that good stuff. I just know that my fiance is still going to want to have bridesmaids and groomsmen, and walking down the aisle, and father giving her away, and all of that. I suppose we shall choose our words carefully.

[Kez/JWolf 6]

So she will be wearing her Wedding dress and will look like a bride, the photographer will take the wedding pictures you are sending out nice wedding invitations to family and friends, you have set up wedding gift registrar for wedding gifts.

REMEMBER IF IT LOOKS LIKE A WEDDING AND SMELLS LIKE A WEDDING AND THE PEOPLE INVITED BELIEVE IT IS A WEDDING. YOU ARE GOING TO HAVE MAJOR ISSUES.

If USCIS or CBP think that it is a wedding in any way you will be denied the K1 visa or if already issued, denied entry on a K1 and you will have to start all over again with a spousal visa.

You have booked what sounds like a wedding in Canada you talk about having a honeymoon in the US. Sorry but you are looking for a way to do this when you know in your heart it is not the right thing to do or you would have just done it and not worried about it.

Nobody here is going to say to you "yes you will have no problems doing what you have planned and booked" because we can not say that. You can go and ask as many different immigration lawyers what they think and they will tell you many different things. The only person who WILL make a decision is the interviewing office at the time of the K1 interview or if the Visa has already been issued then the CBP officer that inspects you at the POE.

If you want to take risks then continue if you want to be safe then cancel what you have booked and do it after you have been legally married in the US.

[bootslacky 1]

So she will be wearing her Wedding dress and will look like a bride, the photographer will take the wedding pictures you are sending out nice wedding invitations to family and friends, you have set up wedding gift registrar for wedding gifts.

REMEMBER IF IT LOOKS LIKE A WEDDING AND SMELLS LIKE A WEDDING AND THE PEOPLE INVITED BELIEVE IT IS A WEDDING. YOU ARE GOING TO HAVE MAJOR ISSUES.

If USCIS or CBP think that it is a wedding in any way you will be denied the K1 visa or if already issued, denied entry on a K1 and you will have to start all over again with a spousal visa.

You have booked what sounds like a wedding in Canada you talk about having a honeymoon in the US. Sorry but you are looking for a way to do this when you know in your heart it is not the right thing to do or you would have just done it and not worried about it.

Nobody here is going to say to you "yes you will have no problems doing what you have planned and booked" because we can not say that. You can go and ask as many different immigration lawyers what they think and they will tell you many different things. The only person who WILL make a decision is the interviewing office at the time of the K1 interview or if the Visa has already been issued then the CBP officer that inspects you at the POE.

If you want to take risks then continue if you want to be safe then cancel what you have booked and do it after you have been legally married in the US.

I know in my heart that there are laws in place to define events and their outcomes, I want to follow those laws, so that the government will not view the gathering as a wedding, and I'm willing to "down grade" whatever is necessary for that to happen. I was just stating I know what she is going to want to have haha. Sounds like it can be luck of the draw with the K1 interview and the CBP officer.

I'll keep everyone posted on what makes the cut for the "celebration" and what doesn't.

[Old Dominion 26]

In general, it's best all around if your intended could bring herself to postpone all of these preparations. Doing so now, well ahead of the date already set, should be fairly simple compared with the complications of dealing with USCIS after the fact. She needs to learn up front that immigration regulations need to be strictly observed.

As to clergy ordained in the U.S., in some faiths the ordination must first be validated by the specific denominational authority in Canada.

[Kez/JWolf 6]

So she will be wearing her Wedding dress and will look like a bride, the photographer will take the wedding pictures you are sending out nice wedding invitations to family and friends, you have set up wedding gift registrar for wedding gifts.

REMEMBER IF IT LOOKS LIKE A WEDDING AND SMELLS LIKE A WEDDING AND THE PEOPLE INVITED BELIEVE IT IS A WEDDING. YOU ARE GOING TO HAVE MAJOR ISSUES.

If USCIS or CBP think that it is a wedding in any way you will be denied the K1 visa or if already issued, denied entry on a K1 and you will have to start all over again with a spousal visa.

You have booked what sounds like a wedding in Canada you talk about having a honeymoon in the US. Sorry but you are looking for a way to do this when you know in your heart it is not the right thing to do or you would have just done it and not worried about it.

Nobody here is going to say to you "yes you will have no problems doing what you have planned and booked" because we can not say that. You can go and ask as many different immigration lawyers what they think and they will tell you many different things. The only person who WILL make a decision is the interviewing office at the time of the K1 interview or if the Visa has already been issued then the CBP officer that inspects you at the POE.

If you want to take risks then continue if you want to be safe then cancel what you have booked and do it after you have been legally married in the US.

I know in my heart that there are laws in place to define events and their outcomes, I want to follow those laws, so that the government will not view the gathering as a wedding, and I'm willing to "down grade" whatever is necessary for that to happen. I was just stating I know what she is going to want to have haha. Sounds like it can be luck of the draw with the K1 interview and the CBP officer.

I'll keep everyone posted on what makes the cut for the "celebration" and what doesn't.

Why dont you just make it your real wedding and then file for a CR1. Then she could have whatever wedding she wants and you would be risking nothing. Its not like you two cant see each other at weekends and for the occasional week or two.

Give yourself a lot less hassle.

Jon

[bootslacky 1]

Why dont you just make it your real wedding and then file for a CR1. Then she could have whatever wedding she wants and you would be risking nothing. Its not like you two cant see each other at weekends and for the occasional week or two.

Give yourself a lot less hassle.

Jon

You know Jon, that option is starting to sound better and better. Although, I have not looked into a CR1 at all. You say that would still allow us to visit on weekends and such though. Is this something that I could go up there like in a couple weeks and we can be officially married and file for it, still keep visiting, and then her move down here after it's processed? I guess we're being a little greedy. I'll admit it. We want to be together, legally, as soon as possible. Haha, of course I suppose that's what everyone on here wants. Maybe it would be a better option to just wait til 9/26/09, get married up there, and then try to bring her down here. We just wouldn't want to live apart long after the wedding, you know? That would be the worst feeling. Well, I bet getting the book thrown at us for something we didn't think was a big deal would be worse if it prevented us from being apart even longer.

[pushbrk 12,881]

You know Jon, that option is starting to sound better and better. Although, I have not looked into a CR1 at all. You say that would still allow us to visit on weekends and such though. Is this something that I could go up there like in a couple weeks and we can be officially married and file for it, still keep visiting, and then her move down here after it's processed? I guess we're being a little greedy. I'll admit it. We want to be together, legally, as soon as possible. Haha, of course I suppose that's what everyone on here wants. Maybe it would be a better option to just wait til 9/26/09, get married up there, and then try to bring her down here. We just wouldn't want to live apart long after the wedding, you know? That would be the worst feeling. Well, I bet getting the book thrown at us for something we didn't think was a big deal would be worse if it prevented us from being apart even longer.

It would be wise to understand the parameters within which you must procede and conform your plans. Unless you want to stay in Canada with your bride, there's going to be a months long separation no matter which path you take.