Religous ceremony

[R&N 0]

Hi All,

I was hoping i can get a few feedbacks on this. I have sumbitted my application for a K-1 visa already, i was wondering if my finance and i decide to have a religous ceremony in the meantime-if this would be a good idea. I reside in Ontario Canada, so would this be reconized by the government as a legal marriage. Thanks in advance for your responses

Edited March 11, 2009 by R&N

[pushbrk 12,878]

Hi All,

I was hoping i can get a few feedbacks on this. I have sumbitted my application for a K-1 visa already, i was wondering if my finance and i decide to have a religous ceremony in the meantime-if this would be a good idea. I reside in Ontario Canada, so would this be reconized by the government as a legal marriage. Thanks in advance for your responses

Yes, even without a marriage license marriage vows before any clergyman authorized to perform legal marriages is considered legal in Canada. Not a good idea. Throwing a party or waiting to come back for a ceremony after already married in the US is ok but a wedding in Canada is "married".

[Kathryn41 3,205]

A religious ceremony in Canada is recognized as a legal wedding. You would be negating your K-1 and would have to refile with a spousal visa if you have a religious service.

You can have a 'ceremony' without anyone official officiating - no license, no minister, priest, etc. - for the effect, but you should take very great care that you do not refer to it as a wedding. A promise ceremony and reception where you do everything except have an official of the church participate wouldn't be a legal wedding but could give you the other trappings. Perhaps a family friend or relative could 'officiate' and you could enact out the ceremony for your family. Again, don't refer to it as a wedding and if you have a wedding dress or anything like that, for heavens sake, don't show pictures at the interview! For USCIS if it looks like a wedding, it is a wedding even if it isn't legal - you could open a big can of worms.

Edited March 11, 2009 by Kathryn41

[R&N 0]

Thank you all for your responses. I spoke to a Canadian attorney and he said that the only way a relegious ceremony with a priest is considered legal is if there is a marriage license or any document proving the marriage. He said that you can have the ceremony and then aquire a marriage license later.

Can you all please let us know if your responses are based on personal experience? Any details will be very helpful.

Thanks again.

Anxiously awaiting your responses.

[Kathryn41 3,205]

Yes, in Ontario you do need a marriage license or the publication of 'banns', however getting 'married' in front of a religious officiant in Ontario will still open you up to suspicion from USCIS. If it looks like a wedding, it is a wedding. Individuals (here on VJ have been denied their K-1 visas because they had religious ceremonies in their home countries and in the eyes of USCIS that was official, even though in the eyes of their home countries the marriage wasn't official. They had to 'finish' the marriage in their home countries and then apply for spousal visas. The one you need to convince is USCIS.

Here is a useful website for information about getting married in Ontario: http://www.settlement.org/sys/faqs_detail.asp?faq_id=4000065

and another: http://74.125.47.132/search?q=cache:Fm4fz3...;cd=7&gl=us

Edited March 12, 2009 by Kathryn41

[Kathryn41 3,205]

This paragraph from Ontario's Marriage Act may cause some concern if you exchange vows in a religious ceremony . . .

"Marriages solemnized in good faith

31. If the parties to a marriage solemnized in good faith and intended to be in compliance with this Act are not under a legal disqualification to contract such marriage and after such solemnization have lived together and cohabited as a married couple, such marriage shall be deemed a valid marriage, although the person who solemnized the marriage was not authorized to solemnize marriage, and despite the absence of or any irregularity or insufficiency in the publication of banns or the issue of the licence. R.S.O. 1990, c. M.3, s. 31; 2005, c. 5, s. 39 (5)."

http://www.e-laws.gov.on.ca/html/statutes/...tes_90m03_e.htm

[Bobby+Umit 161]

Seriously, don't get married till your in the States....

[Gary and Alla 3,694]

Thank you all for your responses. I spoke to a Canadian attorney and he said that the only way a relegious ceremony with a priest is considered legal is if there is a marriage license or any document proving the marriage. He said that you can have the ceremony and then aquire a marriage license later.

Can you all please let us know if your responses are based on personal experience? Any details will be very helpful.

Thanks again.

Anxiously awaiting your responses.

The attorney is wrong. There's a big surprise. They very often are wrong. If you want correct answers, ask questions here.

Canada recognizes these vows as "legal" out of the government's respect for religion. "Legal" marriages in Canada are recognized by the USA and about every other country. If you do this, you will be ineligible for a K-1 visa and have to start over with a K-3 visa. Get your K-1, come to the USA, get married, legally, by a JP or Judge and then go back to Canada and have a huge wedding in the church of your choice and invite all your friends. We won't tell! You can get married as many times as you want, but the first one decides which visa you need.

[Carlawarla 1]

At this stage of the game, I'd be very very wary of doing anything other than seeing through the K-1, unless you absolutely can't wait, in which case you'd have to cancel the K-1, and refile (including fees) a K-3 or CR-1.

I'd be equally wary of what the attorney has to say as well. While I don't know what religious affiliation you have, you may be unable to even find an religious head that would do a ceremony, without a license, knowing that it's not the "real" thing anyway. I know of previous posters that have come back to say that their priest or minister would not perform the ceremony if it wasn't the "real" thing.

If the issue is that you want family and friends in Canada to be present at the wedding, what some Canadians have done, is to follow through with the K-1, marry in the US, either quickly at the courthouse, get their marriage certificate and apply for AOS, AP etc. and either have a ceremony for friends and family in the US several months later, or wait until the Canadian partner has their AP and travel back to Canada for a ceremony up there to satisfy those that couldn't come down for the "official" one.

Best of luck!