non-legal religious wedding before K1 visa

[JD63 4]

Need more details, some Asian or western countries it may be okay, but without more specifics i'd have to agree with everyone else, it may cause problems.

[Oksana & Max 94]

I've asked the same question earlier about that on the forum. As I am facing the same situation with my fiancee.

I was told by many members don't do it, as it could hurt later in the process.

We decided to come here do all the paperwork as required, and then just do religious wedding later to fly to her country and do it.

I would recommend don't do it. Otherwise it might hurt you back.

[Patty♥Paul 8]

I think it depends on what country your fiance is...we and another couple had a religious wedding without a problem in our home country (Chile) the CO said that if it wasn't "legal" theres no problem.

But you should ask to your fiance's embassy

God bless you

[skiptex 225]

if you are doing K1.. it probably would not be a good idea to offer any information about ANY service you had while K1 is processing..

do what you want..

i myself, will not do this.. i don't care what anybody else has experienced..

i dont' think you can tell the US Goverment.. "well, somebody i don't know in a VISA forum said it was ok.. ".. LOL

but if you do it before K1.. why not get married and do K3?

Edited September 26, 2011 by skiptex

[Winning23 25]

If a petitioner and finance do a 'religious wedding' in a country outside the USA, in the eyes of American law, it really a marriage took place, so a K3 is required. because the USA court marriage is what matters once the K1 finance enters USA.

Secondly, during the interview, it would be quite stupid to mention you got religiously married, because, it defeats the purpose of K1. So if have gotten a religious ceremony keep quiet about it.. and just do a US civil service ceremony upon arriving here.

[skiptex 225]

If a petitioner and finance do a 'religious wedding' in a country outside the USA, in the eyes of American law, it really a marriage took place, so a K3 is required. because the USA court marriage is what matters once the K1 finance enters USA.

Secondly, during the interview, it would be quite stupid to mention you got religiously married, because, it defeats the purpose of K1. So if have gotten a religious ceremony keep quiet about it.. and just do a US civil service ceremony upon arriving here.

maybe OP does not know about K3 visa

[SapphireDreams 71]

Catholic priests cannot perform a non legal marriage ceremony. Code of canon law does not permit this.

Not true. We had a non-legal catholic wedding ceremony. It was however, AFTER our legal courthouse wedding. Our priest was understanding of our situation.

I agree with everyone else though, plan to have a religious ceremony AFTER you finish the K1 process. It's not worth the risk of them misinterpreting the wedding before getting your visa.

If you haven't started the process or if a wedding is going to be a big sticking point, then you should file for a CR1 or K3 after the wedding.

[Harpa Timsah 13,258]

If a petitioner and finance do a 'religious wedding' in a country outside the USA, in the eyes of American law, it really a marriage took place, so a K3 is required. because the USA court marriage is what matters once the K1 finance enters USA.

Secondly, during the interview, it would be quite stupid to mention you got religiously married, because, it defeats the purpose of K1. So if have gotten a religious ceremony keep quiet about it.. and just do a US civil service ceremony upon arriving here.

Please don't advise members to lie. If you can't be completely up-front about something, then maybe that's a sign that it's not something you should be doing.

Furthermore I want to dispel the myth that it's a "court marriage" that the US cares about. That is just not true. The US cares about a "legal marriage." What constitutes a legal marriage is different in every state, but yes, it usually involves getting a marriage license and having the marriage subsequently performed by a person allowed to do so. Most religious leaders are also able to conduct legal marriages and sign documents that a legal marriage took place. The type of marriage ceremony can certainly be religious in nature, and there is no need to have separate civil and religious ceremonies.

In addition, some states consider any religious marriage ceremony legally binding, even if the couple did not obtain a marriage license beforehand. I know New York, at the least, is like this. I know one couple on VJ that had a purely religious ceremony in NY and then filed joint taxes on it, and they never did anything with a "court."

Here is a news story about someone who got married before using K-1 and what they are now facing. http://www.visajourney.com/forums/topic/70350-family-separated-by-immigration-policies/page__view__findpost__p__943472

Edited September 26, 2011 by Harpa Timsah

[khaopat 0]

The Nolo legal guidebook Fiance & Marriage Visas has a little tip at the beginning of the chapter on K-1 visas. It says,

Wedding ceremonies that don't result in legally binding marriages 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.

In fact, that's what my wife and I did, in part thanks to that bit of advice. Of course the subject never came up at the K-1 interview which, because of fortuitous timing, ended up being the week before our scheduled religious service. It never occurred to me that it could be a problem. It seemed like it was the best option for us to have the wedding for her family and friends and have a civil ceremony with a later reception upon arrival in the U.S. since we probably wouldn't be returning to her country until many months later. Then why not do a CR-1 at that time as some will ask? Well, that would have meant not starting the immigration process until after the wedding which was nearly a year after we got engaged because of her work commitments.

Wait a minute--how come your profile says you are pursuing a CR-1/IR-1 visa now? Let's just say...that's a long story...but we are praying and preparing for our IR-1 interview on October 12.

[Nate & Gladys 0]

The Nolo legal guidebook Fiance & Marriage Visas has a little tip at the beginning of the chapter on K-1 visas. It says,

In fact, that's what my wife and I did, in part thanks to that bit of advice. Of course the subject never came up at the K-1 interview which, because of fortuitous timing, ended up being the week before our scheduled religious service. It never occurred to me that it could be a problem. It seemed like it was the best option for us to have the wedding for her family and friends and have a civil ceremony with a later reception upon arrival in the U.S. since we probably wouldn't be returning to her country until many months later. Then why not do a CR-1 at that time as some will ask? Well, that would have meant not starting the immigration process until after the wedding which was nearly a year after we got engaged because of her work commitments.

Wait a minute--how come your profile says you are pursuing a CR-1/IR-1 visa now? Let's just say...that's a long story...but we are praying and preparing for our IR-1 interview on October 12.

Thank you very much for sharing this info! I understand the wisdom in advocating caution, but info like this is refreshing amidst all the FUD.