"Fake" Marriage in Nicaragua

[jlee 2]

Okay great info guys but this is my predicament:

You are all talking about having the ceremony and THEN getting the visa process started or mid process, giving you time to disclose it on the packet or CO.

However I want to do this non-binding ceremony wedding AFTER the visa is issued for her to come because she does have a 60 or 90 day period to get ready and leave Nicaragua on the K-1.

So when how or should I just not even worry about disclosing it because I've already been "approved". See?

[LIFE'SJOURNEY 970]

I think the issue will be with the Roaman Catholic Church, they probably will not do a RC church ceremony to offer blessing unless there have already been a official ceremony. What will the church be blessing if they are not offically married.

What the OP is looking to do is done most of the time after there have been some type of legal binding ceremony. The OP/SO should speak to the Roman Catholic church first before they decide on a visa petition.

Second, the OP needs to get it out of his mind that this immigration process will work on his time line, murphy law will always prevail. If he only has two weeks to spare in Dec, then he should marry his SO durning those 2 weeks then after wards apply for a CR1. Third get laptops and hook them up to skype and enjoy the time that it takes to go tru the CR1 process by REALLY get to know his wife.

Why add stress worrying about what may happen if the CO takes the intent of the ceremony the wrong way.

[BinhJerome 14]

Okay great info guys but this is my predicament:

You are all talking about having the ceremony and THEN getting the visa process started or mid process, giving you time to disclose it on the packet or CO.

However I want to do this non-binding ceremony wedding AFTER the visa is issued for her to come because she does have a 60 or 90 day period to get ready and leave Nicaragua on the K-1.

So when how or should I just not even worry about disclosing it because I've already been "approved". See?

If you do it after you are approved make sure that there is NO paperwork stating you are married, I also think if you are going to wait until after the interview to not have it. If someone states that you are married because of the ceremony you will have no option to rebute it, and they can nullify your visa because they claim you are married. A K1 visa is designed for people to bring their loved one stateside for a wedding. If you are married on foreign soil then the visa is null and void. I know you are talking about a fake wedding, but as another poster suggested, make sure from a local lawyer what constitutes marriage. In Vietnam most people never register their marriage, and infact this means that they are never legally married, but many people see them as a married couple, but as far as a visa is concerned it is not a legal wedding, so as long as what you do does not constitute a legal wedding in her country you will be fine doing that ceremony, I personally would shy away from it after you got the visa, then do it for like an anniversary or something after you two are married on US soil. Good luck Jerome

[jlee 2]

Thank you lifesjourney, that is what I was also thinking about. The fact that I need a blessing from the Roman Catholic Church. I agree with your viewpoint and the CR-1 visa is great and all, but if I do that, we will be married and apart for 5-9 months, which is hard/difficult. I'm going to go ahead and do what was suggested and consult a lawyer to see what it is to be constituted to be married.. Lastly, I will also sit down and share all the information all you guys provided to see what she opinion-ates.

Thank you guys for all the great knowledge. I'm sure not only I, but others who have read what you've written have also enjoyed it.

[JimVaPhuong 4,863]

Jim, I think on those other petitions there was something else, and the denial was not specifically for the ceremony since at the interview they both proved that they can be married, so they could not prove that if their fake wedding was real. Point is that there is no paperwork showing it is legal and binding, because there is none. I do agree to disclose it, but to say that all the people you can remember were denied solely based on this seems off a bit to me. We both went through the same room, and I dont remember anyone getting denied because of having the wedding ceremony without the papers, and in our case specifically we did not tell USCIS, or HCMC that we had a wedding ceremony, and the CO had the pictures at the interview and even looked at them. Yes we were denied, but it was not because of the wedding ceremony, and it was never mentioned. Because we could both PROVE we were legally able to be married. What people do you remember being denied only because of the wedding ceremony? I remember people saying not to do it in the Vietnam forum but there were also tons of people stating it would be fine and no problems. It isnt a red flag if you can prove you are both able to be married, this fact negates any photos that would say other wise after all a certified/notorized paper from the local governments stating you are legally able to be married trumps any photo of a wedding ceremony, and besides most people and even the CO I personally know states that it makes them feel more comfortable with issuing a visa since it shows interest on the petitoners part to make sure that the family has their ceremony knowing that most of them would never be able to make it stateside for a real wedding, and that was straight out of a CO at HCMC's mouth. Jerome

Yes, in every case there was something else - the consular officer was looking for a valid excuse to deny the visa, and the wedding ceremony was all he needed. The simple fact is the consular officer is ALWAYS looking for a valid excuse to deny the visa. This is, after all, what they are REQUIRED to do. Why would you hand them a reason on a silver platter if you don't need to?

Regarding Vietnam, you're talking about a completely different country and culture. A pre-marriage ceremony is practically mandatory in Vietnam. There is, in fact, very little visible difference between a Dam Hoi and a Dam Cuoi. A CO would be hard pressed to look at pictures alone and know the difference between an engagement ceremony and a wedding ceremony. Heck, my own engagement ceremony was held in a Buddhist temple, and was overseen by a Su Thuc. Even Viet Kieu have looked at the pictures and thought it was a wedding ceremony. It was clear in the documents I provided that it was an engagement and not a marriage ceremony.

It matters little what you can prove at the interview. You know as well as anyone that you might not get the opportunity to prove squat, regardless of how many truckloads of evidence you bring with you. If a CO in Nicaragua sees a picture of a Catholic priest conducting what appears to be a wedding ceremony, there's a strong chance he's going to conclude that the couple are married. He isn't required to ask for any evidence beyond this, or give the beneficiary a chance to explain it. How many denial letters have we seen that contain the phrase "Based on the evidence provided..."?

If it's explained sufficiently in the petition package then the consular officer cannot claim there was no exculpatory evidence presented. This is Department of State policy, and not the opinion of one consular officer. Read paragraph 6:

Edit: Paragraph 7 states the policy even better.

http://travel.state.gov/visa/laws/telegrams/telegrams_1388.html

Yes, some of the cases mentioned on this site involved the CO seeing photos of a wedding ceremony. Others involved the beneficiary mentioning a wedding ceremony. Every case I can recall involved the consular officer discovering the wedding during the interview, and not from reading about it in the petition package.

Edited May 20, 2010 by JimVaPhuong

[Nica_In_Love 98]

Jlee, hi!

I'm Nicaraguan and we also have the Church wedding issue. I understand what you want to do, but like lifesjourney said, a Catholic priest won't marry you by the church if you haven't been married legally by a lawyer/judge first. I don't know if you already looked into the "requirements" to get married in the Catholic Church. But you might want to check that out. I read about the Vietnamese ceremonies, but i'm giving you a little insight about specifically Catholic Churches in Nicaragua (since you said you both are Roman Catholics, right).

Anyway good luck!

p.s. we went with the CR1, its been 4 months since we submitted our application, we're in the last stage just praying not to get any RFE's I know how hard it can be to be away from your loved one, tell me about we've been in a long distance relationship for over 2 years, but if there is love you guys will get through it!