Separating the Religious Ceremony from the Civil

[PastorJJJ1958 0]

It is possible to have a religious ceremony while the 129f is pending, and then have a civil (legal ceremony) in Vegas once the Visa is cleared? Her friends and family can make it to the USA in the late summer and it would be great to have the religious ceremony there...of course she would return to Canada until everything cleared? Any Advice?

[canadian_wife 1,829]

I always advise against this (while others will disagree). Futher, religious ceremonies in Canada (especially if you are catholic) ARE marriages and you will find a difficult time locating a minister/preist who will preform a non-legal religious ceremony in Canada and thus, you will not qualify for the K-1. If you want to get married, file for a spousal visa.

Good luck

[TracyTN 237]

I agree with canadian_wife. It's just too risky at this stage - if a con off gets wind of it and interprets it differently than you do, you'll be forced to start all over again with a spousal visa. Is it really worth that?

[PastorJJJ1958 0]

I always advise against this (while others will disagree). Futher, religious ceremonies in Canada (especially if you are catholic) ARE marriages and you will find a difficult time locating a minister/preist who will preform a non-legal religious ceremony in Canada and thus, you will not qualify for the K-1. If you want to get married, file for a spousal visa.

Good luck

The religious ceremony would be here in the USA...I thought only 'legally binding marriages' were of concern to the immigration authorities?

[canadian_wife 1,829]

Any process in which the CO can assume you are married (and then lying to them about your marital status) is grounds for a denial. There have been many "marriage ceremonies" on here which resulted in a denial of a K-1 because of the presumption of a marriage. Is this what you want to risk?

[trailmix 77]

I can't see what the harm is. Why would you even mention it to a CO, it has nothing to do with immigration?

[PastorJJJ1958 0]

I can't see what the harm is. Why would you even mention it to a CO, it has nothing to do with immigration?

I read this in Nolo's Fiance' & Marriage Visas "A couples guide to U.S. Immigration" 5th addition

page 56

"Wedding ceremonies that don't result in legally binding marriage won't stand in your way. If you don't feel right leaving home unmarried, see if you can arrange for a religious or other ceremony that won't be recorded or recognized by your country's civil authorities. USCIS does not recognize these as valid marriages. You will need to have a legal marriage in the United States once you get there."

[JimVaPhuong 4,863]

The religious ceremony would be here in the USA...I thought only 'legally binding marriages' were of concern to the immigration authorities?

Some consulates don't like people playing games with the requirements of the visa. The K1 was provided as an alternative to the spousal visa for cases where the couple has a compelling reason for wanting to postpone the wedding until after the beneficiary moves to the US. If the beneficiary is able to come to the US for a religious wedding ceremony and then return to their home country to wait for the K1 visa, then they are equally able to come to the US for a LEGAL religious wedding ceremony and then return their home country to wait for a CR1 visa.

Also, if the consulate is already suspicious of the relationship, a formal wedding ceremony may be the only reason they need to deny the visa. In some high fraud countries (not Canada) this is like handing the consulate a loaded gun aimed at the visa application, and daring him not to pull the trigger.

This tends to be less of a problem in countries where it's traditional for the beneficiary's family to witness the wedding, and where the ceremony itself is more cultural than religious (i.e., nobody at the wedding is licensed to perform a legally binding wedding), and where it would be difficult or impossible for the couple to be legally married in the beneficiary's home country, and equally difficult or impossible for the beneficiary's family to come to the US for a wedding.

On the other hand, if you have a good reason for doing it this way, and don't mind arguing with the CO about why you chose to do it this way, and potentially having to fight a denied visa, then go for it.

[Bobby+Umit 161]

I read this in Nolo's Fiance' & Marriage Visas "A couples guide to U.S. Immigration" 5th addition

page 56

"Wedding ceremonies that don't result in legally binding marriage won't stand in your way. If you don't feel right leaving home unmarried, see if you can arrange for a religious or other ceremony that won't be recorded or recognized by your country's civil authorities. USCIS does not recognize these as valid marriages. You will need to have a legal marriage in the United States once you get there."

This is the key. If the country the person is from considers "religious" ceremonies as being "legal" - you could have issues.

Plus - if we look at the handy VJ FAQ:

4.12)...Does the government, for visa purposes, distinguish between religious and civil marriages?

A...The government distinguishes between legal and non legal marriages. If the marriage is legal in the country in which it is performed, the US will consider it a legal marriage. It doesn't matter if it is a civil or religious marriage.

So make sure first - then do what is correct.

[trailmix 77]

I have never heard or seen of this being a problem at the Montreal consulate, which is not to say it wouldn't be - just that I have never read about it on this forum

To help the OP make this decision it would be really helpful if someone could point him to 2 or 3 threads where this has actually been discussed, by someone who has actually experienced it.

Maybe this question would be better answered in the Canada forum as this is something that is generally, country/consulate specific. I'm going to move your question there to see if you get can get responses from Canadians who have actually done this same thing.

Moving from K1 procedures to the Canada forum.

Edited April 13, 2010 by trailmix

[Krikit 1,165]

Religious ceremonies in Canada and the US are legal and binding.

Edited April 13, 2010 by Krikit

[PastorJJJ1958 0]

Religious ceremonies are legal and binding.

So even if the religious ceremony is held in the US...Canada would consider it legal and binding?

[Krikit 1,165]

Yes.

[Krikit 1,165]

If you are a pastor.... as your member name says..... you should know all this.

[PastorJJJ1958 0]

If you are a pastor.... as your member name says..... you should know all this.

I am a US Pastor...we make a distinction between religious ceremonies and legal ones. A legal ceremony where you are married by "Elvis" in Vegas hold more validity.