marry US citizen on tourist visa and have religious ceremony but not legal ceremony

[arul4mathur 0]

Hello. Hoping for some guidance.

I am a US citizen. She is an Indian citizen. She has a 10+ year US tourist VISA that she has had since before she met me. My research indicates we have two options for marriage: she comes here on tourist VISA and then after 60+ days we get married or I file for a K-1 VISA but that can take an year.

With either of these options, will there be any issues with us doing a religious, not legal, ceremony in India before she comes or before she gets the K-1? So we'd have a "wedding" but it wouldn't be "official" as we wouldn't register it with the Indian government.

Any help is greatly appreciated.

[Cathi 5,748]

entering the US with a visitor visa with intent to marry and adjust status is visa fraud. If you marry, religious or not, registered or not, married is married, you will not be eligible for a k1 visa, you will have to file an i130 for a spouse visa.

Stop trying to circumvent the system just because you want to be together faster, we have all had to wait. You have 2 choices. an 129f for k-1 and get married in the US within 90 days after her entry on the k-1. Or get married first in India and file an i130 for cr1 spouse visa. Any religious ceremony, registered will be construed as marriage by USCIS and by the consulate. The US has immigration laws for a reason.

[elmcitymaven 9,712]

Nothing stopping her from coming over on her tourist visa, getting married (legally and religiously) and returning to India while your I-130 is being processed for a spousal visa. You don't have to wait 60 days from when she arrives to have the ceremony. The important part is that a) she doesn't adjust status while visiting and b) she goes home during processing. The I-130 results in a CR1 visa, which will allow her to work and travel immediately as well.

[Pitaya 2,577]

~Moved from K-1 Process to What Visa Do I Need Forum~

~inquiry about spouse vs. fiancé(e) visas~

[arul4mathur 0]

entering the US with a visitor visa with intent to marry and adjust status is visa fraud. If you marry, religious or not, registered or not, married is married, you will not be eligible for a k1 visa, you will have to file an i130 for a spouse visa.

Stop trying to circumvent the system just because you want to be together faster, we have all had to wait. You have 2 choices. an 129f for k-1 and get married in the US within 90 days after her entry on the k-1. Or get married first in India and file an i130 for cr1 spouse visa. Any religious ceremony, registered will be construed as marriage by USCIS and by the consulate. The US has immigration laws for a reason.

Thank you. I did not realize the first option was fraud. I am not trying to circumvent anything. Do you know how long the I-130 for CR1 takes? And more importantly, what do you mean by "any religious ceremony, registered"? What if it is not registered in India and we just have the religious ceremony part?

Nothing stopping her from coming over on her tourist visa, getting married (legally and religiously) and returning to India while your I-130 is being processed for a spousal visa. You don't have to wait 60 days from when she arrives to have the ceremony. The important part is that a) she doesn't adjust status while visiting and b) she goes home during processing. The I-130 results in a CR1 visa, which will allow her to work and travel immediately as well.

The information you are saying conflicts with what the person above is saying. Is it Visa fraud or not to come here on tourist visa with the intent to marry? How long does the I-130 for CR1 take? And are you saying to do the legal and religious part in America or in India?

[goatess 1]

About entering with tourist visa or visa waiver and then getting married, do google and you'll find plenty of info on it. As for the marriage ceremony at home before coming over on K-1, that shouldn't be an issue. In fact, we are planning just that. We'll be having a ceremony at a buddhist temple, with bride's parents and all, and then come home to the States and then get the marriage license/certificate taken care of at the City Hall.

[Lilly Jathol 7]

If you are married in a religious ceremony in India it is a legal marriage both in India and in the United States and you will be considered married and probably denied a K-1 visa.

I got married in India with just a religious ceremony and my husband just got approved for a CR-1 visa.

[christeen 966]

You can marry on a tourist visa, the fraud comes in if you decide to Adjust status (AOS)... Entering the USA as a tourist with the intent to marry and adjust status is illegial... But marrying here, then filing for spouse visa with her returning to India to process is fine.

Be careful with religious ceremonies that aren't "legal" there is a predicament that some who have chosen to do this find themselves in... That is the USA consulate determines you are "too" married for a K1 but not married enough for the CR1 ... It is hard to straighten out and can cost you another year apart... Think about it...

[I AM NOT THAT GUY 5,715]

1) The fraud comes if you enter on a tourist visa with the intent to immigrate. Marriage while on a tourist visa is not fraud.

2) Any ceremony than resembles a marriage ceremony can and most likely will be deemed as evidence of marriage, and therefore, you no longer meet the conditions for a fiance (K-1) visa.

[elmcitymaven 9,712]

The information you are saying conflicts with what the person above is saying. Is it Visa fraud or not to come here on tourist visa with the intent to marry? How long does the I-130 for CR1 take? And are you saying to do the legal and religious part in America or in India?

As others have said above, there is no problem coming in on a tourist visa with the intent to marry. It's the intent to stay and adjust that is not permissible. We were living abroad together, came to the US to get married, then returned to the UK to file the I-130, and go through CR1 processing. We did Direct Consular Filing, so I have no idea how long the CR1 takes, but I believe it's about a year.

[Brit Abroad 166]

The problem with having a religious ceremony for family and friends is that there are always people with cameras, and in these times (when social media is global) someone will post them on the internet.

We already know that USCIS check Facebook, Twitter and other social sites as part of your "check" so if they see anything that even vaguely resembles a ceremony then you are married in their eyes. Too married for a fiance visa, not married enough for a spousal one if it wasn't registered.

If you don't want to spend MORE time apart than you have to while it is sorted out, you have three realistic choices:-

1. Get married in the US on a tourist visa and your new wife returns home while the CR1 is processed. When she comes to the US her visa will allow her to work immediately.
2. Get married in her home country and she waits there while CR1 is processed.

3. File the K1 Fiance visa, get married in the US once the visa is granted and THEN go back to her country and have a celebration of marriage ceremony for her family once she has either her greencard or Advanced Parole document.

You will always see conflicting opinions on the internet. There are always people who will suggest that you can get around any legality - and that's true, BUT if you are caught (and there's a good chance you will be) those people won't be the ones paying the price.

Being apart for a year is a hardship until you put it in context. You are, theoretically, going to be married to this person for the rest of your life. A year is nothing compared to that. It also gives your lady time to build up lots of memories with friends and families, to say long goodbyes, because once she arrives here, she's not going to have easy access to her old life and she probably will be lonely and miss them. That time can be precious, if you plan ahead.

Best of luck to you, OP.

Edited March 30, 2014 by Brit Abroad

[Erica & L 50]

entering the US with a visitor visa with intent to marry and adjust status is visa fraud. If you marry, religious or not, registered or not, married is married, you will not be eligible for a k1 visa, you will have to file an i130 for a spouse visa.

Stop trying to circumvent the system just because you want to be together faster, we have all had to wait. You have 2 choices. an 129f for k-1 and get married in the US within 90 days after her entry on the k-1. Or get married first in India and file an i130 for cr1 spouse visa. Any religious ceremony, registered will be construed as marriage by USCIS and by the consulate. The US has immigration laws for a reason.

I'm just throwing this out there (because it's been grinding my gears from most of your posts I see) that although you are giving the OP correct information, your tone and wording, in most threads, is really unnecessary and almost condescending. Many people might not know all the facts, thus why they're asking for clarification, there is no reason to tell people to "stop trying to circumvent the system just because you want to be together faster" when they are clearly looking for answers and the correct and legal way to proceed. Half that paragraph could have been cut to avoid your personal remarks and just include the facts.

In addition, it seems like any thread who has someone who is AOSing fro a tourist visa you have a bitter attitude with. Myself, and various other people adjust from a B2 visa who had no pre-conceived intent to want to immigrate, just solely because we didn't have to go through consulate processing isn't a reason to make assumptions or speculate one's case. Life happens, circumstances do change, doesn't mean "fraud" needs to be screamed at every opportunity. Leave the judgement for the USCIS.

[nightingalejules 678]

Hello. Hoping for some guidance.

I am a US citizen. She is an Indian citizen. She has a 10+ year US tourist VISA that she has had since before she met me. My research indicates we have two options for marriage: she comes here on tourist VISA and then after 60+ days we get married or I file for a K-1 VISA but that can take an year.

With either of these options, will there be any issues with us doing a religious, not legal, ceremony in India before she comes or before she gets the K-1? So we'd have a "wedding" but it wouldn't be "official" as we wouldn't register it with the Indian government.

Any help is greatly appreciated.

I'm not sure if anyone has really made this point yet, but there is often a problem with having anything that even looks like a wedding when you're trying for a K1. It kind of renders you "too married for a fiance visa but not married enough for a spouse visa."

I suspect that there are religious reasons for wanting to be married in your (or her) religion before you live together, but if you're going to do that, get thoroughly married and file for a spousal visa.

Which would have been crazy advice a year ago when the spousal petitions were taking FOR. FREAKING. EVER. but it seems like they're starting to speed up and by the time you two are "all married up" and applying there is reason to believe that the wait period will be back at reasonable levels.

You can, of course, go for a K1, but if you do, DO NOT have any kind of ceremony that would even possibly look like a wedding to anyone. Ever. Not even an engagement ceremony. Nothing. Or you'll probably get rejected, have to get married, apply for the spousal visa etc etc etc.

Good luck and all the best to the two of you!

[christeen 966]

I'm not sure if anyone has really made this point yet, but there is often a problem with having anything that even looks like a wedding when you're trying for a K1. It kind of renders you "too married for a fiance visa but not married enough for a spouse visa."

I suspect that there are religious reasons for wanting to be married in your (or her) religion before you live together, but if you're going to do that, get thoroughly married and file for a spousal visa.

Which would have been crazy advice a year ago when the spousal petitions were taking FOR. FREAKING. EVER. but it seems like they're starting to speed up and by the time you two are "all married up" and applying there is reason to believe that the wait period will be back at reasonable levels.

You can, of course, go for a K1, but if you do, DO NOT have any kind of ceremony that would even possibly look like a wedding to anyone. Ever. Not even an engagement ceremony. Nothing. Or you'll probably get rejected, have to get married, apply for the spousal visa etc etc etc.

Good luck and all the best to the two of you!

Yes, I pointed that exact thing out in my previous post! Read above

[goatess 1]

You can, of course, go for a K1, but if you do, DO NOT have any kind of ceremony that would even possibly look like a wedding to anyone. Ever. Not even an engagement ceremony. Nothing. Or you'll probably get rejected, have to get married, apply for the spousal visa etc etc etc.

Ah, just so that OP won't have a wrong impression, we already have K-1 in hand and we'll be having an unofficial ceremony right before coming over to the US side. I didn't realize OP was asking before getting K-1.

Edited March 30, 2014 by goatess