Wedding Planning Question

[adrianh 1]

My Fiance and I have filed the petition for the K-1 Visa and we are currently planning the wedding, though no dates have been set. Based on estimated processing times, we were hoping to have the wedding in late August. If we booked everything now, and for some reason or another, the visa doesn't come through then, would there be any problems having the ceremony but not calling it a marriage / wedding ceremony (and not signing any legal marriage documents). We would then have the actual wedding on a small scale at a later date.

From a legal standpoint I can't see any problems with this arrangement myself, but I wanted to know if it might raise questions down the line. The reason we want to have the ceremony in August and wouldn't be able to change it at the last minute is due to relatives having to book holiday in advance and arrange flights, etc.

[Cathi 5,795]

If it looks like a wedding and smells like a wedding it is a wedding. And if the visa isn't issued how will your fiancé get here. A k1 is to get married in the US within 90 days of entering the country. Time after time we have seen people denied for having an unregistered wedding. It is never ever a good idea to make final arrangements until the visa is in hand, and why risk a denial?

[adrianh 1]

If it looks like a wedding and smells like a wedding it is a wedding. And if the visa isn't issued how will your fiancé get here. A k1 is to get married in the US within 90 days of entering the country. Time after time we have seen people denied for having an unregistered wedding. It is never ever a good idea to make final arrangements until the visa is in hand, and why risk a denial?

Can you give me examples of people being denied for having an unregistered wedding? My fiance didn't think it would be a problem, so if there are actual examples I can show her it may help change her opinion.

As to how I would get to the US without the visa, well, I would do it via the normal route. I've visited America many times and not required a visa (just an ESTA visa-waiver).

So am I to take it from your response that even though there would be no legal documents signed to make us a married couple, the mere fact that we had a ceremony would be grounds to reject the visa?

[Cathi 5,795]

http://www.visajourney.com/forums/topic/474615-ceremonial-wedding-plan/?hl=%2Bwedding+%2Bceremony+%2Bbefore#entry6750670

http://www.visajourney.com/forums/topic/468979-we-screwed-up-and-got-denied-the-visa/page-3?hl=%2Bwedding+%2Bceremony+%2Bwith#entry6690053

http://www.visajourney.com/forums/topic/468979-we-screwed-up-and-got-denied-the-visa/page-3?hl=%2Bwedding+%2Bceremony+%2Bwith#entry6690053

[Cathi 5,795]

http://www.visajourney.com/forums/topic/466829-k1-visa-case-being-returned-to-nvc/?hl=%2Bwedding+%2Bceremony+%2Bbefore#entry6662122

Do an advanced search, you will find many cases where people were denied for having what looked like a wedding before the k1 was issued

[slowlyman 118]

Just to be clear, you would enter on a tourist visa, marry "unofficially" then go back to your home country and wait for the K-1 to come through?

[adrianh 1]

Just to be clear, you would enter on a tourist visa, marry "unofficially" then go back to your home country and wait for the K-1 to come through?

Yes, if "unofficially" means we just have a ceremony and don't sign any legal paperwork or even apply for the marriage license. So, we wouldn't be legally considered to be married, and we would still be considered (and consider ourselves) single. It's basically just a party for our families.

Once the visa came through, we would have a proper marriage ceremony where all the paperwork was signed, etc.

Although judging from the examples given in this thread, this isn't recommended.

[slowlyman 118]

You are asking for trouble, but it may work. If you go to the K-1 interview and the CO asks you what you did during your recent trip to the US, what would you say? Remember getting caught in a lie can get you a lifetime ban.

A better option would be to forget the big wedding for now. Get the K-1, arrive in the US, Get a courthouse marriage within 90 days. Then schedule the big church affirmation ceremony when you have time to do it properly.

Either way, the guests aren't seeing the real marriage and my option is much safer

Edited January 19, 2014 by slowlyman

[slowlyman 118]

Additionally, if you have a little time you might find these posts interesting

http://www.visajourney.com/forums/topic/472363-apply-for-b2-marrying-in-the-us-then-applying-for-cr-1-after-arrival-of-marriage-certicate-while-still-in-the-us/page-4

http://www.visajourney.com/forums/topic/429952-legally-in-the-us-now-on-a-b2-visa-married-to-usc-for-15-yrs-now-pregnant/

http://www.visajourney.com/forums/topic/327321-married-while-on-a-b2-visa-how-to-get-legalized/

http://www.visajourney.com/forums/topic/169893-marriage-on-a-b2-visa/

http://www.visajourney.com/forums/topic/452224-entered-with-b2-visa-and-got-married-in-us/

http://www.visajourney.com/forums/topic/469434-entered-us-on-b2-visa-now-getting-married-need-help-with-documents/

[KayDeeCee 4,896]

You can do a search and also find cases where couples had a ceremony, but it was not a registered legal wedding and they were approved. I think it depends on the case, the country and the CO. However, I will suggest you hold off on making any wedding plans, legally registered or not, until after you get the visa approval. August is only 7 months away, and sometimes it takes that long, or longer to get the I-129F petition approved and schedule a K-1 interview. You can never count on things moving along speedily for you. There are too many unknown variables. It is often advised here not to make any definite plans until you have the visa in hand.

[Pitaya 2,577]

You can do a search and also find cases where couples had a ceremony, but it was not a registered legal wedding and they were approved. I think it depends on the case, the country and the CO. However, I will suggest you hold off on making any wedding plans, legally registered or not, until after you get the visa approval. August is only 7 months away, and sometimes it takes that long, or longer to get the I-129F petition approved and schedule a K-1 interview. You can never count on things moving along speedily for you. There are too many unknown variables. It is often advised here not to make any definite plans until you have the visa in hand.

Good advice.

[ChristyAndMartin 0]

If it looks like a wedding and smells like a wedding it is a wedding. And if the visa isn't issued how will your fiancé get here. A k1 is to get married in the US within 90 days of entering the country. Time after time we have seen people denied for having an unregistered wedding. It is never ever a good idea to make final arrangements until the visa is in hand, and why risk a denial?

This is confusing to me. My fiance and I are planning to have a symbolic ceremony in his country (Czech Republic) after we receive our K-1 visa, just a few days before we fly to the US to get married at the courthouse. We are about to attend his medical exam and the embassy interview, then wanted to have the symbolic ceremony (without signing any papers or getting married in a church) at the end of May. This is for the sake of his family and friends in CZ that can't make the costly trip out to the US (not to mention that I'm not interested in having a wedding in the US). I'm not a fan of taking unnecessary risks, but at the same time if the marriage is not legally recognized in CZ and there is no evidence that we had a "ceremony" right before entering on his K-1 visa, is it really something I should be worried about? I read some of the examples you posted but they seem a little different that my situation.

[baron555 934]

Yes, if "unofficially" means we just have a ceremony

No it means no ceremony just a dinner party.

and don't sign any legal paperwork or even apply for the marriage license. So, we wouldn't be legally considered to be married, and we would still be considered (and consider ourselves) single. It's basically just a party for our families.

Depends on the ceremony. If it looks like a wedding.......

Once the visa came through, we would have a proper marriage ceremony where all the paperwork was signed, etc.

Although judging from the examples given in this thread, this isn't recommended.

Yep...do it like we all did. INternational relationships and immigration to the US require the couple to act outside the norm. If you or your family and friends can't understand that.....

[deleteddd 35]

Why don't you plan the ceremony for AFTER you've entered the U.S.A.?

It's pretty much what we will be doing, once I have the K1-visa in my hands (hopefully before september 15 <-- the date I wish to get married) we will 'elope' (pretty much just the two of us) and then in August 2015 we would have the wedding where we invite our families and friends..

This gives a lot more time to plan it

[CowBoE 429]

Why complicate your life and create unnecessary risks?

The following might be better flexible option for you to think about:

1. File for marriage to court within 90 days to comply to K1 visa requirement.

This is all that is needed by US government.

2. You can then plan for the wedding ceremony that occurs even after 90 days.

You don't have to combine 1 & 2 above to occur at same time.

This is exactly how I am planning my marriage filing to court and subsequent wedding ceremony

because coordinating the entire wedding within 90 days feels too tight.