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

[DaveE 178]

Yep, here is a lady who went to her interview and the CO had her fiance's FB page open during the interview, and questioned her about it.

"Then the funny part : I could see the computer she was working on. I was a little bit shocked when I saw facebook page of my fiance open."

Link here

[bigdog 376]

If it looks like a duck, walks and talks like one it is.

[Kanja 201]

I think in certain West African countries were a traditional wedding is done, this is fine,as the Consulates are aware of the cultures and they know this is not legally binding. But in a culture so close to our own such as British, I do not think they would buy a non "legally binding" marriage. Maybe have an engagement party instead? This maybe could actually help your case.

[baron555 934]

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?

No, the K-1 is only for unmarried folks. If you want to get married before, then you need to cancel the K-1 and then file for the CR-1. The church wedding would be seen as a legal marriage in the US>

[Jacque67 7,328]

I would be highly suspicious of a pastor who would be willing to do this.

What about your conscience?

[UK-USA-K1 128]

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.

Here's the issue as I see it. If you get married only the one time, and the pastor fills out the certificate later, he has two options, one would be to lie and put a later date for the ceremony on the certificate, and that is wrong enough to the point where I'd be worried about any pastor who would do such a thing. The other would be to put the actual date of the ceremony on the certificate. This has two problems. The first problem is that most states require the marriage certificate to be filed within a short time period after the wedding. If you can get past that issue, then you have your adjustment of status. Are you really planning to send in a marriage certificate (which you need to prove that you are eligible to adjust status) that says you were married BEFORE the visa? If they see the date, and I'd imagine that's one of the things they look for, I'd guess you'd get an automatic denial, and you could end up getting deported for entering illegally since they'd then consider you to be have entered on a K-1 while married ( a BIG no-no).

I wish I could go back in time and say don't make plans yet, it's not worth the risk, but it's too late for that. In your current situation I'd say you have two options. Either have the real ceremony and withdraw your K-1 petition and switch to spousal, or option two, Have your Faux marriage as you wish, but call it a celebration of love ceremony or something (anything) besides a wedding, and when you return, be sure to have a LEGALLY binding wedding to use to file with.

[lydiaD 1]

I'm really confused...... personally I would'nt take the risk.... BUT if u don't slip up in ur interview...... no evidence on fb etc or emails.... how on earth would they find out????? People lie all the time claiming they hd no intention to get married on a tourist visa and go to america get married with intention and get their green card etc wayyy b4 we do who go the legal way..... I don't think its a good idea... it is a risk bt if u cover ur ground and don't slip up they will not find out!!!!! The burden lays on you and whether or not u think its worth the risk I don't think it is.... ps WHY on Gods earth wld u even show a consulate ur non legal wedding pics or even an elaborate engagement??? Lol

[Ceilla 7]

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

Do you about this somewhere? Or did you ask the imigration directly.

[LeftCoastLady 441]

Do you about this somewhere? Or did you ask the imigration directly.

It's in the instructions for the I-129F petition...see page 2, section 5. The K-1 is for unmarried couples. By getting married, one is no longer eligible for the K-1 visa. It's one of the reasons you have to submit a letter of intent stating you're free to marry.

[F&Z 8]

I'm really confused...... personally I would'nt take the risk.... BUT if u don't slip up in ur interview...... no evidence on fb etc or emails.... how on earth would they find out????? People lie all the time claiming they hd no intention to get married on a tourist visa and go to america get married with intention and get their green card etc wayyy b4 we do who go the legal way..... I don't think its a good idea... it is a risk bt if u cover ur ground and don't slip up they will not find out!!!!! The burden lays on you and whether or not u think its worth the risk I don't think it is.... ps WHY on Gods earth wld u even show a consulate ur non legal wedding pics or even an elaborate engagement??? Lol

But why even take the risk? If you just have an engagement party, very informal, I am sure family and friends will understand. You accomplish the same thing with zero risk. I mean, these officers have been doing this job for a long time. Even if you think you have every angle covered, they might find some angle you forgot about. I would not take the risk at all. Once they deny you, it will take lots of time and money to get that reversed, and that's only a maybe.

[Ceilla 7]

Even with the port shopping ambassador who pretend to be a priest..?? What about if we called a blseeing from everyone that we wanted to be together? Does it count as a wedding?

[Alaska2012 462]

Is the priest not gonna pronaunce you man and wife at the end of your ceremony? It's not signing the paperwork that makes you married you know...

Unless the priest skips many parts in the ceremony it sure sounds like a proper wedding to me...

[Justud 42]

why take the risk?

[Ceilla 7]

Is the priest not gonna pronaunce you man and wife at the end of your ceremony? It's not signing the paperwork that makes you married you know...

Unless the priest skips many parts in the ceremony it sure sounds like a proper wedding to me...

No he did not.

[le_chat_fou 0]

I know that if you get married through the Catholic church, it is the same as getting married though the court. At least in El Paso, TX that is. They pretty much do the paper work for you by default (as in the marriage license paperwork) so you get a two in one wedding. It seems pretty risky as others have said! I would personally hold off on this just in case it puts your status at risk.