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

[Gosia & Tito 199]

A pastor from the PCA is willing to perform our marriage ceremony on the understanding that once I have re-entered the USA on the K1 we will apply for a marriage licence and have him sign it. The delay will be around 2/3 months between ecclesiastical ceremony and legally binding paperwork filled in.

I think you might be asking for trouble. Anything that might cast a shadow of whether you are married or not could make the consulate/embassy to err on the side of assuming you are. Not trying to scare you, but with USCIS you want to be extremely careful of not giving them any excuse for a decision/action adverse to you.

[Gosia & Tito 199]

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?

You are assuming that your definition of legally married is what would USCIS would use....Remember that they defined the rules of this game. Even if for all purposes you are not legally married, USCIS might decide to interpret things the safe way and decide that there is no way you could've marry in a church without the legal paperwork being done. Your case is based on a special exception that the priest is willing to give you, but not the norm and possibly not how USCIS would interpret things. And, there is no "Not married" certificate to show you are not!

[Billious 32]

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.

OK this is the meat and potatoes of the issue, and what I think people are getting confused about.

In a post from someone who was previous an adjudicator, he made it very clear that USCIS makes a distinction between a legal marriage and a civil ceremony. He stated - in no uncertain terms - that a non-legal wedding is OK, and can be a great solution for people who wish to have a family celebration back in the alien fiance's country.

This really isn't complicated. If there is any government - anywhere - that recognizes the petitioner and beneficiary as married, you're not eligible for a K1 visa. If two people walk into the woods with a friend and have a quick ceremony and call themselves married, that's between the two of them - no government involved at all, and no problem.

Now, there is the variable that a given consular official could get a wild hair up his butt and use his discretion to deny, which is why it's best to keep any civil ceremonies on the down-low. But so long as you haven't signed any piece of paperwork, or registered with any government as a spouse, there is absolutely no reason you can't have a celebration of your love beforehand.

[dwheels76 5,468]

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.

So not true a traditional wedding will get you a certain denial in Nigeria.

I have known of many who had a great engagement party but they did the coral necklaces and drank the palm wine and guess what denied.

Like many have said if it even looks like it.

And the reason is u say fake this and that. U say all the words they say to get married (which can be anything) the only thing missing is filing that marriage certificate.

Let's just wish to hope u will be all done and ready with K1 visa in hand on ur special day and do it for real real.

[F&Z 8]

You are assuming that your definition of legally married is what would USCIS would use....Remember that they defined the rules of this game. Even if for all purposes you are not legally married, USCIS might decide to interpret things the safe way and decide that there is no way you could've marry in a church without the legal paperwork being done. Your case is based on a special exception that the priest is willing to give you, but not the norm and possibly not how USCIS would interpret things. And, there is no "Not married" certificate to show you are not!

Involving a priest is WAY too close to an actual legal marriage. Even if there were no legal document, if they got wind of that you would be on your way to disapproval city. Honestly, just have an engagement barbecue with informal dress. Everyone loves a barbecue, they will get to meet your fiancee, and everyone will be happy. You accomplish the same thing without the legal headaches.

[Kanja 201]

As I said "Certain West African countries"....Let's be honest, Nigeria is high fraud and is in a league of its own. But in Sierra Leone,Guinea its almost strange if a traditional marriage is not done, especially if the couple is a Muslim couple.

So not true a traditional wedding will get you a certain denial in Nigeria.

I have known of many who had a great engagement party but they did the coral necklaces and drank the palm wine and guess what denied.

Like many have said if it even looks like it.

And the reason is u say fake this and that. U say all the words they say to get married (which can be anything) the only thing missing is filing that marriage certificate.

Let's just wish to hope u will be all done and ready with K1 visa in hand on ur special day and do it for real real.

[Kanja 201]

This actually makes a lot of sense!

OK this is the meat and potatoes of the issue, and what I think people are getting confused about.

In a post from someone who was previous an adjudicator, he made it very clear that USCIS makes a distinction between a legal marriage and a civil ceremony. He stated - in no uncertain terms - that a non-legal wedding is OK, and can be a great solution for people who wish to have a family celebration back in the alien fiance's country.

This really isn't complicated. If there is any government - anywhere - that recognizes the petitioner and beneficiary as married, you're not eligible for a K1 visa. If two people walk into the woods with a friend and have a quick ceremony and call themselves married, that's between the two of them - no government involved at all, and no problem.

Now, there is the variable that a given consular official could get a wild hair up his butt and use his discretion to deny, which is why it's best to keep any civil ceremonies on the down-low. But so long as you haven't signed any piece of paperwork, or registered with any government as a spouse, there is absolutely no reason you can't have a celebration of your love beforehand.

[Alaska2012 462]

No he did not.

My question was to the op who will have the "non-wedding" in a church...

[Billious 32]

But Ceilla (my dear fiancé) posted above about our experience. We were on a cruise ship, and instead of a priest we had the port shopping ambassador perform a commitment ceremony. We were in international waters and signed nothing. Do you really think USCIS is going to get confused about that?

[Ceilla 7]

My question was to the op who will have the "non-wedding" in a church...

Oooww... Sorry..

[Justine+David 218]

I had a blessing at a church in England, got the K1, and then we had a legal ceremony in the USA. A couple of months later, we had a church wedding.

Does this mean we were married 3 times? Nope, just once, legally.

I would check the laws of your state--does a church wedding ceremony without signing any legal documents constitute a marriage? Remember guys, many gays/lesbians have church weddings but aren't considered married.

In any case, you're going through the UK consulate which is super easy to get through as long as you aren't from the MENA region, Muslim, Indian, etc. You're not going to get grilled at the interview and you won't have to show any evidence of a bonafide relationship.

Of course you should never lie to an immigration official, but you don't have to provide extra information.

Food for thought.

[Justine+David 218]

double post

Edited April 24, 2013 by Justine+David

[mr smith 0]

Dont Risk this... waiting a little will not cost you as much as you think it would. If you get denied - it will not only set you back, it is another reason to further scrutinize you and your spouse. You really do not know whether you'll end up with some "crazy" officer that will quiz you hard. That said if you do decide to go ahead, I wish you good luck. Please post your experience for future VJer's to learn

[Jnaz 0]

I'm glad I found this topic. Just yesterday my fiancee and I were talking about possibly having a little formal party for her family in the Philippines before she leaves for the states. There will be no ceremony of any kind but we discussed making it formal and very similar to a wedding reception (but without the wedding). I guess this can be called an "engagement party" but will there be risk if her friends and family post pics of what looks like a wedding reception on facebook? Would you guys advise against such a party? Again, there would be no ceremony.. just formal dining and a little bit of partying.

[F&Z 8]

I just don't understand why anyone would chance it with anything that could be construed in the slightest way as marriage. Remember that these are government employees we are talking about. Dedicated I am sure, but probably not the brightest bulbs in the box or they'd be in private industry. If you need a big event just have a big family picnic. Anything else and you are just giving some underpaid lackey the ammunition he needs.