Having a non-legally binding wedding before the K1 visa is processed

[harvard 0]

If you marry , leave, get a K1 and return ( especially if you marry in the US ) They will eventually figure out you entered illegally ( on a visa you were no longer qualified to recieve based on being married already ) They will at that point revoke all immigration benefits that you have gained after entering invalidly. NEVER lie to immigration. If you want to get married , do so , cancel the K1 and file for a Cr1 ( start all over )

Thanks for your advice, but I'm still not clear how I would be lying. I wouldn't be legally married upon entry? I would get legally married within 90 days. I would have one official wedding date that would include a small civil ceremony once im in the country on the K1.

Are you saying that the immigration service will view that my ecclesiastical ceremony as the date at which I became "married" rather than the legally binding civil ceremony?

[harvard 0]

Do a search on this site and you'll find more than a few examples of people who had "non-legal" ceremonies and were denied...along with a similar refrain of waiting until the K-1 visa is in hand before making any reservations/firm plans:

http://www.visajourney.com/forums/topic/300963-k1-visa-refused-under-section-212-a5a-for-invalid-petition/

http://www.visajourney.com/forums/topic/306181-k1-visa-is-rejected-what-are-the-alternatives-can-i-apply-for-spouse-visa/

http://www.visajourney.com/forums/topic/408019-k1-visa-getting-married-before-the-visa-comes-through/

http://www.visajourney.com/forums/topic/331197-non-legal-religious-wedding-before-k1-visa

http://www.visajourney.com/forums/topic/70350-family-separated-by-immigration-policies/page__st__45__p__943472#entry943472

http://www.visajourney.com/forums/topic/417606-non-legal-ceremony-in-foreign-country/

http://www.visajourney.com/forums/topic/346279-how-can-a-k-1-misrepresentation-denial-be-overturned/

http://www.visajourney.com/forums/topic/235732-help-help-help-k-1-visa-denied/

Thanks for this, it was very helpful.

[Pinkrlion 2,724]

Is it okay to have an ecclesiastical (Church) wedding ceremony in the USA on the VWP visitors visa before the K1 visa has been processed? What are the risks involved at the consulate interview? Will this cause problems when I go for AOS?

It is still considered a marriage ceremony, regardless of if you have the license.

Thanks for your advice, but I'm still not clear how I would be lying. I wouldn't be legally married upon entry? I would get legally married within 90 days. I would have one official wedding date that would include a small civil ceremony once im in the country on the K1.

Are you saying that the immigration service will view that my ecclesiastical ceremony as the date at which I became "married" rather than the legally binding civil ceremony?

Yes, they will consider that as your wedding date.

[Ceilla 7]

Actually me and my husband did this. And this is the thing that he found during his search about our cases or what you will do.

4.11)...My alien fiancee has been issued a K-1 visa. Can we get married abroad and then come back together to the US with the K-1?

A...No. The alien must NOT be married when s/he enters the US on a K-1 visa. Also, if using the K-1, the couple must marry in the US within 90 days of the alien entering on the K-1.

(FAQ Note: Some couples arrange to have a non legal ceremony prior to the fiance(e) leaving their home country, in order to satisfy the wishes of family, or to have a celebration if the family is unable to travel to the US for a wedding.

back

4.12)...Does the government, for visa purposes, distinguish between religious and civil marriages?

A...The government distinguishes between legal and non legal marriages. If the marriage is legal in the country in which it is performed, the US will consider it a legal marriage. It doesn't matter if it is a civil or religious marriage.

This is what he ask and what he found. We're kind of afraid that they will refuse our k1. We've been waiting for 7 months and 12 days now. But still waiting. And I don't think it will be a problem if you to do it. As long when the interview is on, what you have to answer is "But no goverment anywhere regconises the wedding". It will be ok.

[Sveta & Ron 23]

I refuse to believe a church would agree to this... once pastor says ( you are now husband and wife ) you are screwed otherwise the pastor could be in trouble if he does this and not sign everything within days unless alot has changed since i was deacon

Edited April 24, 2013 by Sveta & Ron

[Ceilla 7]

We had the wedding on the ship and the portshopping ambassador pretend as a priest

It's more like a party that we are wanted to be together, is it will still be a problem when I get my interview. So confusing

[Pitaya 2,577]

Do a search on this site and you'll find more than a few examples of people who had "non-legal" ceremonies and were denied...along with a similar refrain of waiting until the K-1 visa is in hand before making any reservations/firm plans:

http://www.visajourney.com/forums/topic/300963-k1-visa-refused-under-section-212-a5a-for-invalid-petition/

http://www.visajourney.com/forums/topic/306181-k1-visa-is-rejected-what-are-the-alternatives-can-i-apply-for-spouse-visa/

http://www.visajourney.com/forums/topic/408019-k1-visa-getting-married-before-the-visa-comes-through/

http://www.visajourney.com/forums/topic/331197-non-legal-religious-wedding-before-k1-visa

http://www.visajourney.com/forums/topic/70350-family-separated-by-immigration-policies/page__st__45__p__943472#entry943472

http://www.visajourney.com/forums/topic/417606-non-legal-ceremony-in-foreign-country/

http://www.visajourney.com/forums/topic/346279-how-can-a-k-1-misrepresentation-denial-be-overturned/

http://www.visajourney.com/forums/topic/235732-help-help-help-k-1-visa-denied/

Great advice!

[Jaz&Bry 9]

Im already in the country on the visa waiver. At the port of entry I had no intent to marry during this trip, I naively thought the visa would come through in time and that I would go back to the UK then re-enter on the K1. They questioned me at port of entry and were satisfied.

Does anyone actually know of anyone who has been denied the K1 on the grounds of already being married, when there has been no legally binding event or record to point to? In my mind I would just argue that I haven't had a marriage yet, and that I plan to when I enter the USA. Which would all be true.

Even if no one finds out about the wedding during the K1 process, you may get in trouble when adjusting status or removing conditions later on. It is a long process, far longer than the K1 and meanwhile there is always the possibility to get caught and denied.

USCIS may find out that you technically did get married on a Visa Waiver (the pastor will have to put the actual date down unless he is willing to committ fraud).

They will not appreciate someone trying to evade the system.

I personally wouldn´t try to mess with US immigration and risk being denied my GC or even getting deported or banned.

Edited April 24, 2013 by Jaz&Bry

[LauraCF 5]

Would it help if you just coined a different turn of phrase and had a 'blessing'. My Fiance and I are in the same boat with a beach event planned for November, 11 months after we filed and we're hoping to go ahead with it as a 'blessing' if our visa isn't 'in hands' by then.

[Cathi 5,757]

We had the wedding on the ship and the portshopping ambassador pretend as a priest

It's more like a party that we are wanted to be together, is it will still be a problem when I get my interview. So confusing

yes it will be a problem, you got married, you are no longer eligible for a k-1

[Cathi 5,757]

Would it help if you just coined a different turn of phrase and had a 'blessing'. My Fiance and I are in the same boat with a beach event planned for November, 11 months after we filed and we're hoping to go ahead with it as a 'blessing' if our visa isn't 'in hands' by then.

Doesn't matter how you "coin" it, if it looks like a wedding and smells like a wedding it IS a wedding in the eyes of the CO. Why take the chance of being denied and then being slapped with misrepresentation and a potential ban because you didn't listen to advice and wait until the visa was approved before having a fake marriage just to appease family and friends? SMH

[F&Z 8]

Just have a nice engagement party with friends and family. Everyone will enjoy it and you will accomplish what you're trying to do without violating any rules.

[DaveE 178]

Neither me or my fiance will be on FB during my interview. The only reason I'm asking is (and I'm sure it happens to many others) that many family and friends have already booked flights, booked time off work etc to make the ecclesiastical ceremony. It would cost a lot to postpone the wedding. When we filed, we had advice it would take 5/6 months, but it's more like 8/9 months.

Many times the CO will check the facebook pages of the both the petitioner and recipient prior to the interview. There have been instances of couples getting extra scrutiny merely because they jokingly referred to each other as husband and wife on a FB page.

Edited April 24, 2013 by DaveE

[F&Z 8]

Dang, that's sneaky! Yet another reason I don't do facebook or twitter or whatever.

[D N Medellin COL 75]

I agree with the other posters, don't throw caution to the wind, we have all read the not-so-good outcomes of what can happen even at POE stage and they learn that you had a prior marriage ceremony - the perception will stick.

Good luck.