legally married?

[Peter Miami 0]

Then you might as well start robbing Banks, there is no problems until you get caught. What the hell do not stop there start selling drugs, murder for hire, stealing paintings, etc.

Peter Maimi

[rob&ana 0]

Then you might as well start robbing Banks, there is no problems until you get caught. What the hell do not stop there start selling drugs, murder for hire, stealing paintings, etc.

Peter Maimi

No, no, no...

Please, chill...

People please! it's like doing a farewell party!!!

I do not think that NOT telling them, specially if the wedding is NOT LEGAL, is such a crime...

I am sorry if I am ruffling people's feathers... I will drop this now.

[Peter Miami 0]

Then you might as well start robbing Banks, there is no problems until you get caught. What the hell do not stop there start selling drugs, murder for hire, stealing paintings, etc.

Peter Maimi

No, no, no...

Please, chill...

People please! it's like doing a farewell party!!!

I do not think that NOT telling them, specially if the wedding is NOT LEGAL, is such a crime...

I am sorry if I am ruffling people's feathers... I will drop this now.

Ana,

We are just trying to give you good advice. Do what you guys want and I personally want to wish you the best of luck.

Peter Miami

[zyggy 9]

Then you might as well start robbing Banks, there is no problems until you get caught. What the hell do not stop there start selling drugs, murder for hire, stealing paintings, etc.

Peter Maimi

No, no, no...

Please, chill...

People please! it's like doing a farewell party!!!

I do not think that NOT telling them, specially if the wedding is NOT LEGAL, is such a crime...

I am sorry if I am ruffling people's feathers... I will drop this now.

Ana,

We are just trying to give you good advice. Do what you guys want and I personally want to wish you the best of luck.

Peter Miami

And realize that you may have to live with the consequences of your decision... if you're comfortable with that... well that's your business... but don't go around encouraging others...

[rob&ana 0]

Peter:

I am already in the US, it has been about a year now.

I have been making comments based on the OP wishes. Though in every one of them, I have stated that I am not saying what he should do. I am giving my opinion, based simply on the emotional aspect of it, I understand where you all come from, as in, getting busted by the USCIS for having a 'wedding' before entering the US with a K1 visa.

I am also saying that it's doable, however people should be careful afterwards, at POE or AOS interview and not mention this.

My reaction to your post, is because what I gave my opinion on, cannot be considered a criminal action as you hinted with robbing banks, selling drugs, etc.

I think that this whole immigration process has many gray areas, and no immigration process is the same for two couples. So, what worked for me, might not work for you, even if the actions were similar, but just because I did not do something, it doesnt mean that every one else has to skip it. Not everyone has to jump through the same hoops, some have more, some have less.

To each couple their journey, and they can make it as easy or as difficult as they wish (when it comes to making it more difficult by saying that they were married in the home country).

Thanks for wishing me good luck, that is something we all need in this 'process'.

Ana

[zyggy 9]

Just to let you know Ana.. witholding information that may have led a CBP officer to a different conclusion regarding your eligibility for admittance into the US is also a material misrepresentation and carries with it a permanent ban...

i.e. if the officer knew about the other marriage ceremony.. they may not have let you in.. willfully witholding information regarding the prior wedding ceremoiny could be considered a material misrepresentation...

Edited October 18, 2006 by zyggy

[diadromous mermaid 36]

Then get married there and apply for CR1/K3.

And wait longer?

There are advantages and disadvantages to any choice. It's possible that you can't have everything and will have to set some priorities. My reasoning is that any safe choice outweighs the possibility of being turned away at the POE.

And my reasoning, is that you dont have to tell them at POE.

To reiterate Yodrak, one can "tell" the POE agent much without uttering a word, or showing photographs. For example, a new wife, thrilled to be married in the eyes of the church replaces her name tags on her suitcases, and carry on bags to feature her new married name, wears the wedding band they picked out together, answers to Mrs. Such-and-such, by accident. Many of these things are not only possible, but quite likely, unless one is rehearsed, and rehearsing can compromise "natural behaviour".

[Saddle Bronc 124]

Nothing to add to the info here except a suggestion: why not have in Brazil an elaborate engagement party? Definitely no legal confusion, her family would still be able to celebrate close to the wedding, and you could always do a ring exchange/reception/rededication sometime later, as I imagine the two of you will want to visit her family at some point.

Agree; this is what Pras and I did (our wedding was actually a lot SMALLER than our betrothal).

[Randy 0]

http://www.1866usvisas.com/fianceevisa.shtml

first FAQ

"1. Can I marry my fiancée overseas and still bring her on a K-1 visa.

A: No. K-1 visas are available only to persons who are planning to be married. If the marriage occurs, you will have to file an I-130 Relative Visa petition for your spouse. The one exception to this rule is that if the marriage was religious or social ceremony only, and the marriage wasn't registered with the local government, a K-1 visa may be issued."

seems to me like its possible. I'm not saying the consulate would like it but they don't want you to be legally married and you aren't legally married. But that doesn't mean that I recommend you show up with pics of the wedding as 'proof of engagement'. but if an american law firm who specialises in immigration seems to think its the exception then i don't see why it wouldn't be the exception.

and i dont see how the POE officer would find out. i doubt any POE officers take your packet when u reach the poe and then immediately ask "did you already get married in brazil?" i'm sure they just look over the paperwork and that's all.

just my thoughts..

I fully agree with this!! I am planning on doing the same thing. Many countries separate "legal" and "religious" weddings. A religious "ONLY" ceremony that has absolutely no legal standing in the country were it was performed will not impact your K1 visa. Have a wonderful ceremony and enjoy every minute if it!!! CONGRATULATIONS

Then I hope you enjoy the real chance of having your fiancee get sent on the next plane back to her home country..

Oh and the additional one year wait until she gets either a K3 or a CAR-1 that comes with the added expense of the extra visit that you'll have to take back to her home country to actually have a legal marriage...

If you want to roll the dice .. that's your business.. but don't go around encouraging others to follow your risky behavior...

I guess I fail to see where this is "risky" behavior. The law is VERY clear on this point as stated above. If it is a religious ceremony and not registered, then it is NOT a legal wedding as defined by USCIS and therefore the K1 is the appropriate visa. I did verify this with an email to the embassy that stated our intentions to make sure there would not be an issue. Their response? "Just make sure you do not register the wedding with the local 'District Office'. If you do THEN it becomes a legal marriage and the K1 not valid."

But, I realize each person must do what they feel is right for them.

Good Luck everybody!!!!

[zyggy 9]

It's risky because one cannot enter the US on a K1 unless they fulfill the terms of the visa.. that is to be legally free to marry...

If there is evidence to bring that into doubt, then the CBP cannot allow the alien to enter on the K1 unless more compelling evidence is presented to refute that position...

As said previously.. it is easy to produce evidence that one is legally married.. it is difficult to prove that one has not been legally married... and if you don't have proof that you are NOT legally married.. then you go back home....

The CBP does not have to prove that you are legally married to deny entry... the alien has to prove that they are free to marry and therefore not legally married to be permitted entry...

Therefore, any action that could bring into doubt that one is legally free and available to marry should be avoided at all costs. It doesn't matter if no legal marriage ever took place... if there is the appearance that one may have taken place, that's all the CBP needs to deny entry, unless one can produce irrefutable proof to the contrary. As I stated previously, that proof is impossible to get...

Then get married there and apply for CR1/K3.

And wait longer?

There are advantages and disadvantages to any choice. It's possible that you can't have everything and will have to set some priorities. My reasoning is that any safe choice outweighs the possibility of being turned away at the POE.

And my reasoning, is that you dont have to tell them at POE.

To reiterate Yodrak, one can "tell" the POE agent much without uttering a word, or showing photographs. For example, a new wife, thrilled to be married in the eyes of the church replaces her name tags on her suitcases, and carry on bags to feature her new married name, wears the wedding band they picked out together, answers to Mrs. Such-and-such, by accident. Many of these things are not only possible, but quite likely, unless one is rehearsed, and rehearsing can compromise "natural behaviour".

Good examples of how one can "slip up" If one feels married in their mind, that position will eventually come out....

Edited October 18, 2006 by zyggy

[rob&ana 0]

Again, to each couple their journey…

I don’t think the OP is the first, nor the last person that will have a ceremony in their home country. And let’s get real people, asking if you are legally free to marry someone is NOT asked at POE, so if it’s not asked and not volunteered you should have absolutely no problems entering the US.

I think the OP is aware of the situation, and the consequences of having a ceremony in Brazil. I would think that they will not wear their wedding bands, not use Mr and Mrs such and such, and all the other tell-tale signs that a ceremony took place. As I would think that they will not use the pictures for AOS evidence. I am not talking about people in general, I am talking specifically about the OP.

I KNOW you’re not supposed to get married before entering the US (and so does the OP), but since a religious ceremony is NOT a legal marriage in Brazil, they are NOT doing anything wrong. They just have to be aware of this.

I frankly don’t know why this is bothering me so much, I am cranky today and this topic has made me crankier (and I cant stop coming back to read more and get more fired up!!!). I just think that if this ceremony will make the bride happy, because it will let her share the experience with her loved ones, then who are we to tell her NOT to do it, when there are ways to work around it?

[diadromous mermaid 36]

Again, to each couple their journey…

I don’t think the OP is the first, nor the last person that will have a ceremony in their home country. And let’s get real people, asking if you are legally free to marry someone is NOT asked at POE, so if it’s not asked and not volunteered you should have absolutely no problems entering the US.

I think the OP is aware of the situation, and the consequences of having a ceremony in Brazil. I would think that they will not wear their wedding bands, not use Mr and Mrs such and such, and all the other tell-tale signs that a ceremony took place. As I would think that they will not use the pictures for AOS evidence. I am not talking about people in general, I am talking specifically about the OP.

I KNOW you’re not supposed to get married before entering the US (and so does the OP), but since a religious ceremony is NOT a legal marriage in Brazil, they are NOT doing anything wrong. They just have to be aware of this.

I frankly don’t know why this is bothering me so much, I am cranky today and this topic has made me crankier (and I cant stop coming back to read more and get more fired up!!!). I just think that if this ceremony will make the bride happy, because it will let her share the experience with her loved ones, then who are we to tell her NOT to do it, when there are ways to work around it?

[Carol&Marc 0]

I have personally seen people post here that had the non-legal wedding, and so started the nightmare of proving it wasnt legal! do what you please but your GAMBLING with disater! My two cents!

Oh there is a way around it, come to the u.s. get marrid then go back to brazil in the future and have the REAL thing!

Edited October 18, 2006 by Carol&Marc

[meauxna 15]

who are we to tell her NOT to do it, when there are ways to work around it?

We are not telling her that.

Why should she not be aware of all the risks so that she can make an informed decision about the rest of her life with all the information available? Maybe she would re-evaluate her priorities.

for those who missed it, do use the search feature at the top of the page to look for goldenheart's story. It is a very current, applicable story about using a K-1 to enter the US (or not) after a non-legal ceremony.

[diadromous mermaid 36]

Again, to each couple their journey…

I don’t think the OP is the first, nor the last person that will have a ceremony in their home country. And let’s get real people, asking if you are legally free to marry someone is NOT asked at POE, so if it’s not asked and not volunteered you should have absolutely no problems entering the US.

I think the OP is aware of the situation, and the consequences of having a ceremony in Brazil. I would think that they will not wear their wedding bands, not use Mr and Mrs such and such, and all the other tell-tale signs that a ceremony took place. As I would think that they will not use the pictures for AOS evidence. I am not talking about people in general, I am talking specifically about the OP.

I KNOW you’re not supposed to get married before entering the US (and so does the OP), but since a religious ceremony is NOT a legal marriage in Brazil, they are NOT doing anything wrong. They just have to be aware of this.

I frankly don’t know why this is bothering me so much, I am cranky today and this topic has made me crankier (and I cant stop coming back to read more and get more fired up!!!). I just think that if this ceremony will make the bride happy, because it will let her share the experience with her loved ones, then who are we to tell her NOT to do it, when there are ways to work around it?

It's at times like this that the archives are sadly missed. Nonetheless, if I recall the details properly, I'll try to relate. There is a member who attempted a similar thing, getting 'married' so that she could spend time alone with her betrothed while in his country awaiting the visa, but not legally so that the terms of the K-1 fiancé visa would not be violated. Anyway, all things appeared to be fine...she returned to the USA, fiancé was to follow. When he encountered the CBP at the POE, and bear in mind his command of English was that of a foreigner, not as fluent as a native, he was asked a couple of questions, and he slipped by referring to his petitioner as his "wife". From there, things went from 'bad to worse' and before he knew it he was being removed, placed in detention for the next plane the following day. It was a nightmare...and all over a word, that in his mind conveyed quite a different meaning, and he explained it all to the POE agent but to no avail. Whether the CBP was correct or not (I believe there was some question as to whether the subsequent removal procedure had been handled appropriately or not) but regardless, he could not prove that he wasn't married, and all the CBP officer had to remind him of was that he was attempting to enter the country on a fiancé visa, and that was not the correct document for a married person.