K-1 & Question

[Winter 0]

Just a quick question. My Fiancee and I applied for a K-1 Visa and it was approved. As the K-1 states you cannot be legally married, but what if you are married in a religious ceremony where, to make the marriage legal, a civil union must be performed aside from the said religious ceremony. In said country, a religious ceremony is not considered a legal marriage without being married by a judge or state official.

So with this said, there would be no problems in relation with the K-1 VISA considering that by the letter of the law, we are still not legally married and are engaged by all definitions of the law by both that country and US Law.

Comments? Opinions? Clarification?

Thank you very much!

[CRAKZOR 4]

My uncle got married in phillippines and is going through the same process. Dont take my word for this but i heard it takes 3 years but i didnt believe it.

[Tahlisha 28]

Just a quick question. My Fiancee and I applied for a K-1 Visa and it was approved. As the K-1 states you cannot be legally married, but what if you are married in a religious ceremony where, to make the marriage legal, a civil union must be performed aside from the said religious ceremony. In said country, a religious ceremony is not considered a legal marriage without being married by a judge or state official.

So with this said, there would be no problems in relation with the K-1 VISA considering that by the letter of the law, we are still not legally married and are engaged by all definitions of the law by both that country and US Law.

Comments? Opinions? Clarification?

Thank you very much!

The US does not recognize "religous" marriages.... If a couple was not legally married then the are not married... You should have no issues with K-1 visa..

[Gary and Alla 3,694]

Just a quick question. My Fiancee and I applied for a K-1 Visa and it was approved. As the K-1 states you cannot be legally married, but what if you are married in a religious ceremony where, to make the marriage legal, a civil union must be performed aside from the said religious ceremony. In said country, a religious ceremony is not considered a legal marriage without being married by a judge or state official.

So with this said, there would be no problems in relation with the K-1 VISA considering that by the letter of the law, we are still not legally married and are engaged by all definitions of the law by both that country and US Law.

Comments? Opinions? Clarification?

Thank you very much!

The US recognizes religious ceremonies. ANYthing which indicates or evidences you are married could be used to deny a fiancee visa. My advice? DO NOT do it.

[Winter 0]

If it is not recognized by the Foreign Government as a legal marriage, then it is not recognized by the US Government as one either.

[Grant PDX 183]

There have been folks on this board who were in the situation. They were deemed too married to file a K-1 and not enough married to filed a CR-1. Their best option to to finish the civil wedding then file the CR-1. I'm sure some adjudicators would let it slide, others might not. To save yourself possible aggravation down the road I'd recommend completing the marriage process.

Good luck!

[Khan & Marry 3]

Then you are NOT married. Immigration will not recognize your being "married under God's Law;" it recognizes unions acknowledged by the proper authorities, with documentation.Under US immigration law, if you are not legally married, you are not married.

and also you can see the link below

http://www.avvo.com/legal-answers/we-are-married---but-not-legally---can-we-apply-fo-1056824.html?utm_campaign=answer_notify&utm_content=question_legal&utm_medium=email&utm_source=notification

[gstrength 20]

Just a quick question. My Fiancee and I applied for a K-1 Visa and it was approved. As the K-1 states you cannot be legally married, but what if you are married in a religious ceremony where, to make the marriage legal, a civil union must be performed aside from the said religious ceremony. In said country, a religious ceremony is not considered a legal marriage without being married by a judge or state official.

So with this said, there would be no problems in relation with the K-1 VISA considering that by the letter of the law, we are still not legally married and are engaged by all definitions of the law by both that country and US Law.

Comments? Opinions? Clarification?

Thank you very much!

I think it all depends if the country in which you have the religious ceremony recognizes the religious marriage as legal, if that is the case, then, the US government will recognize it. I did however, asked immigration when I was starting my journey this very question and, the officer's answer was: "married is married, religious or otherwise if you are married you cannot use a fiance(e) visa".

[Tim/Mav 305]

I honestly have to go with other posts which basically state facts: Your married and the K-1 is Void.

Any person in a defined area to legally marry/wed is binding even in other Countries.

It is a huge mistake to play Cat and Mouse with Immigration.

Are you Married or not is the question. Sounds like you are. Can you explain futhur ?

[Winter 0]

We are not legally married. There was no ceremony performed by any sanctioned governing official (judge, etc...). There is no cat/mouse game being played.

You are either legally married, of which that marriage is recognized by the Government of that country. The marriage is not recognized by this country's government as a legal marriage whatsoever.

In the eyes of the church, we were wed in a religious ceremony, of which the Government does in no way deem a legal marriage.

In "said country", only civil marriage is recognized as legal. Persons wishing to do so may also have a religious ceremony, but it has no legal effect and does not replace in any way the legal binding civil marriage. A civil wedding in "said country" is fully valid for legal purpose in the U.S.

[Penguin_ie 5,997]

You are correct that you are not legally married, and thus, technically, you can still have the K1.

The problem is the CO may not believe you. If they see emails where you call eachother man and wife, or photos of your ceremonial wedding, or they go talk to neighbours who talk about your "wedding", they might consider you married and it would be difficult for you to prove you are not. Thus, to avoid a potential denial and/ or lengthy investigations before the visa is granted, or being turned away at POE (as happened to one VJer a few months ago when they saw wedding photos in her lugage), it is best not to have anything which looks like a wedding.

Maybe an engagement ceremony with pretty dresses (rather than a wedding dress) instead, or return to her home country after you are legally married in the USA and do the religious blessing?

Edited January 14, 2013 by Penguin_ie

[hnubno 9]

i agree that it all depends on the CO and not if that country considers it legal or not. if the CO thinks you are married (based on evidence or not) then they can deny you. it has happened to a few people (especially those in india) where they did the religious ceremony with out the civil ceremony and was considered married and was denied the k1 visa.

Edited January 14, 2013 by hnubno

[baron555 934]

Just a quick question. My Fiancee and I applied for a K-1 Visa and it was approved. As the K-1 states you cannot be legally married, but what if you are married in a religious ceremony where, to make the marriage legal, a civil union must be performed aside from the said religious ceremony. In said country, a religious ceremony is not considered a legal marriage without being married by a judge or state official.

So with this said, there would be no problems in relation with the K-1 VISA considering that by the letter of the law, we are still not legally married and are engaged by all definitions of the law by both that country and US Law.

Comments? Opinions? Clarification?

Thank you very much!

BUT.......is the religious ceremony recognized by the US as a real marriage? It doesn't matter what the country specifics are.....if the US and specifically the Embassy believes it akin to a real marriage. then you're screwed.

Best advice is the usual advice....don't do it.

[Cathi 5,795]

There have been cases here where people were denied a K-1 for having a religious ceremony. If it looks like a wedding and smells like a wedding, to many consulate officers it is a wedding. Why chance it?

[Rob & Monika 87]

I do remember someone on here getting through the K-1 process, and was processing the K-1 at LAX when she accidentally used the word husband at POE and was sent back home. It was her poor English that got her in trouble. Legally married or not, it doesn't matter. All it takes is suspicion.