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Filed: K-1 Visa Country: Ireland
Timeline
Posted

Hi All,

So myself and my Fiance booked our venue for our wedding into for September since we are on the K1 visa route and from what we have seen timeline wise there is a significant danger that we could overrun the date we have. My family have already all booked their flights for ceremony and would cost them thousands and mess up their time off from jobs.

I know we shouldn't have booked stuff until everything was sorted so really we are just looking at contingency plans in the event that it looks like we will overrun. What we want to do is have a friend officiate the ceremony and do it as a commitment ceremony, so have it like a celebration of vows instead. Since we would not be signing any papers or be officiated by anyone there is no legal marriage and my understanding is that I could then return home to await final processing of K1 and then return and have a legal process done by a court or justice of the peace.

Anyone know if that is okay to do? I would have thought it would be fine seems as thought we are not signing any legal paperwork and just having the ceremony.

K1 Visa timeline: 12/27/2013 Filed paperwork

12/29/2013 - received at Dallas lockbox

1/2/2014 - Got NOA1 email with case number

1/7/2014 - Received hard copy of NOA1

1/9/2014 - Alien registration number changed

8/1/2014 - NOA2 email

8/11/14 - Petition shipped to NVC

8/22/14 - NVC sent petition to Dublin.

Posted

If you have any type of wedding ceremony, whether legally binding or not, you risk a denial of the K-1 visa. If the CO suspects you are married, you would be denied.

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

Filed: K-1 Visa Country: Ireland
Timeline
Posted

So even if we are not being officiated or signing anything and are just saying some personal messages to each other in front of a bunch of invited people, that would still constitute as a marragie and be grounds for denial?

K1 Visa timeline: 12/27/2013 Filed paperwork

12/29/2013 - received at Dallas lockbox

1/2/2014 - Got NOA1 email with case number

1/7/2014 - Received hard copy of NOA1

1/9/2014 - Alien registration number changed

8/1/2014 - NOA2 email

8/11/14 - Petition shipped to NVC

8/22/14 - NVC sent petition to Dublin.

Posted

So even if we are not being officiated or signing anything and are just saying some personal messages to each other in front of a bunch of invited people, that would still constitute as a marragie and be grounds for denial?

It has been known to happen, but that was in a country where such a celebration is customary. Unfortunately during this process the burden of proof is always on you to prove any allegations the USCIS might make. So if they see your gathering and state you are married, how are you going to prove you are not married? Given your timeline, I think you will be okay as the USCIS has sped things up recently.

Good luck,

Dave

Filed: Country: Vietnam (no flag)
Timeline
Posted (edited)

Hi All,

So myself and my Fiance booked our venue for our wedding into for September since we are on the K1 visa route and from what we have seen timeline wise there is a significant danger that we could overrun the date we have. My family have already all booked their flights for ceremony and would cost them thousands and mess up their time off from jobs.

I know we shouldn't have booked stuff until everything was sorted so really we are just looking at contingency plans in the event that it looks like we will overrun. What we want to do is have a friend officiate the ceremony and do it as a commitment ceremony, so have it like a celebration of vows instead. Since we would not be signing any papers or be officiated by anyone there is no legal marriage and my understanding is that I could then return home to await final processing of K1 and then return and have a legal process done by a court or justice of the peace.

Anyone know if that is okay to do? I would have thought it would be fine seems as thought we are not signing any legal paperwork and just having the ceremony.

If it looks like a duck, quacks like a duck, then it's a duck.

If it looks like a wedding, then it's a wedding.

Impossible for you to prove you did not marry. You could simply not provide proof.

You mad a big mistake making plans without a visa in hand.

Don't go and make a bigger one.

Google "denied K-1 visa non-legal wedding."

Edited by aaron2020
Posted

So even if we are not being officiated or signing anything and are just saying some personal messages to each other in front of a bunch of invited people, that would still constitute as a marragie and be grounds for denial?

YES. If it looks like a marriage, to a CO it IS a marriage. Can you prove that you are not married?

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

Filed: K-1 Visa Country: Morocco
Timeline
Posted

Hi all,

We have a slightly different, but related, situation. My fiancé's family was hoping that we could have a small, traditional celebration (nothing signed, unofficial) BEFORE leaving for the States, but AFTER receiving the visa. Still risking problems at POE or at that point in the process does it become a moot point?

My immediate inclination would be against it, but I know it would mean a great deal to his family, who will not be able to travel to the US for the official wedding due to - what else? - visa constraints.

Thoughts??

Filed: K-1 Visa Country: Ireland
Timeline
Posted

Hmm Guess in this case We may just hold out and hope for the best, I dont want to jeopardize the process since its been relatively smooth and quick so far.

K1 Visa timeline: 12/27/2013 Filed paperwork

12/29/2013 - received at Dallas lockbox

1/2/2014 - Got NOA1 email with case number

1/7/2014 - Received hard copy of NOA1

1/9/2014 - Alien registration number changed

8/1/2014 - NOA2 email

8/11/14 - Petition shipped to NVC

8/22/14 - NVC sent petition to Dublin.

Filed: Country: Vietnam (no flag)
Timeline
Posted (edited)

Hi all,

We have a slightly different, but related, situation. My fiancé's family was hoping that we could have a small, traditional celebration (nothing signed, unofficial) BEFORE leaving for the States, but AFTER receiving the visa. Still risking problems at POE or at that point in the process does it become a moot point?

My immediate inclination would be against it, but I know it would mean a great deal to his family, who will not be able to travel to the US for the official wedding due to - what else? - visa constraints.

Thoughts??

Yes, it's still a risk. Your spouse still has to adjust in the US. The adjustment can be denied for fraud if there is information such as from social media that you married before he entered the US.

Have a going away party. No ceremony of any sort. No wedding dress at this party. No traditional marriage rites. No one posting pictures from your "traditional" whatever related to marriage.

Edited by aaron2020
Filed: Citizen (apr) Country: Italy
Timeline
Posted

It is generally a bad idea... But if you decide to go forward... You need to edit the whole event to look less like a wedding and more like a going away party (aka... Nix the wedding dress, bridesmaids, wedding cake) )

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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