Need some help/advice

[Gami 0]

Hello everyone I just stumbled upon this website in the last week and decided that after reading a lot of entries and stories of success I decided to post my situation. I was just in Vietnam for a 5 week trip at the beginning of October. I went home to get married but I did not do paper work for a marriage license. When I met with a lawyer he told me not to get married when I first went home as it may be a problem for me later on. I had the ceremony and took pictures without dates on them, afraid of this at first. I have some family members who told me it wouldn't be a problem. After finding this website I am more confident about doing all the paperwork myself. So my problem is since I am married but not technically married over there with a license do I apply for the fiancé status or just go ahead and go back there to do the paper work for the marriage license and then file for the IR-1/CR-1? We only had the traditional ceremony but no paper work has been done for a marriage license over there. Thank you all ahead of time for your responses.

[gstrength 20]

Hello everyone I just stumbled upon this website in the last week and decided that after reading a lot of entries and stories of success I decided to post my situation. I was just in Vietnam for a 5 week trip at the beginning of October. I went home to get married but I did not do paper work for a marriage license. When I met with a lawyer he told me not to get married when I first went home as it may be a problem for me later on. I had the ceremony and took pictures without dates on them, afraid of this at first. I have some family members who told me it wouldn't be a problem. After finding this website I am more confident about doing all the paperwork myself. So my problem is since I am married but not technically married over there with a license do I apply for the fiancé status or just go ahead and go back there to do the paper work for the marriage license and then file for the IR-1/CR-1? We only had the traditional ceremony but no paper work has been done for a marriage license over there. Thank you all ahead of time for your responses.

the thing is, by your own admission, you are married. so, that puts an end to the use of a K-1 visa. you just don't have a marriage certificate. if, in the eyes of the vietnamese government, you are indeed married then, that's good enough for immigration purposes. However, you would still have to get a marriage certificate. I would recommend you get the paperwork done and, file for IR-1/CR1.

9 FAM 40.1 N1.1 Marriage and Spouse Defined

(CT:VISA-1581; 10-04-2010)

a. Section 7 of the Defense of Marriage Act (Public Law 104-199) states:

“The word „marriage‟ means only a legal union between one man and one

woman as husband and wife, and the word „spouse‟ refers only to a

person of the opposite sex who is a husband or a wife.”

b. The term “marriage” is not specifically defined in the INA; however, the

meaning of marriage can be inferred from the INA 101(a)(35) (8 U.S.C.

1101(a)(35)) which defines the term “spouse.” A marriage, in order to

be valid for immigration purposes, must be celebrated in the presence of

both parties.

c. The underlying principle in determining the validity of the marriage is that

the law of the place of marriage celebration controls (except as noted in

paragraph d of this section). If the law is complied with and the marriage

is recognized, then the marriage is deemed to be valid for immigration

purposes. Any prior marriage, of either party, must be legally

terminated.

9 FAM 40.1 N1.2 Cohabitation

(CT:VISA-1614; 01-07-2011)

In the absence of a marriage certificate, an official verification, or a legal

brief verifying full marital rights, a common law marriage or cohabitation is U.S. Department of State Foreign Affairs Manual Volume 9 - Visas

9 FAM 40.1 Notes Page 2 of 18

considered to be a “valid marriage” for purposes of administering the U.S.

immigration law only if:

(1) It bestows all of the same legal rights and duties possessed by

partners in a lawfully contracted marriage; and

(2) Local laws recognize such cohabitation as being fully equivalent in

every respect to a traditional legal marriage, e.g.:

(a) The relationship can only be terminated by divorce;

(b) There is a potential right to alimony;

© There is a right to intestate distribution of an estate; and

(d) There is a right of custody, if there are children.

Edited December 12, 2012 by gstrength

[Gami 0]

Thank you for your reply. That's what I thought as well. I will be heading to VN in March to start the marriage license process.

[KennyJ 10]

Hello everyone I just stumbled upon this website in the last week and decided that after reading a lot of entries and stories of success I decided to post my situation. I was just in Vietnam for a 5 week trip at the beginning of October. I went home to get married but I did not do paper work for a marriage license. When I met with a lawyer he told me not to get married when I first went home as it may be a problem for me later on. I had the ceremony and took pictures without dates on them, afraid of this at first. I have some family members who told me it wouldn't be a problem. After finding this website I am more confident about doing all the paperwork myself. So my problem is since I am married but not technically married over there with a license do I apply for the fiancé status or just go ahead and go back there to do the paper work for the marriage license and then file for the IR-1/CR-1? We only had the traditional ceremony but no paper work has been done for a marriage license over there. Thank you all ahead of time for your responses.

No you are not married. You will have to present the marriage certificate which you don't have. As for the dates as long as the background of the picture have some dates in there you should be fine. It is like a must to have the marriage/engagement dates stickers on the bride/groom or even restaurant's walls. If you don't have them you might have to explain.