1st post former NSC adjudicator now petitioner

[Dan J 277]

Any type of marriage to the beneficiary nullifies entering on a K1.

Any type of marriage ? even an illegal marriage one ?

[payxibka 10,045]

Any type of marriage to the beneficiary nullifies entering on a K1.

Any type of marriage ? even an illegal marriage one ?

The question should be "even an unrecognized or non-legally binding" marriage. And the answer is maybe. If upon entry to the USA, if the CBP officer "smells" that a marriage (whether legal or not) has occured, you are running a risk of entry denial because this officer will not know the "legal status" of such ceremony. You cannot assume that you will be able to convince him/her otherwise as they are not experts on all the rules/regulations/customs of every country or religion in the world.

[zqt3344 21]

(i.e. Senator Numbnuts says "CIS - I understand from my consituient - Mr. Hotn'bothered that (according to him) you have been processing his application for his dear fiance' in a less than timely manner. Can you please look into this matter and let my office kow when it will be approved.")

System usaully says - "pull and work file immediately" 'Nuff said.

Ah, Senator Numbnuts... isn't he the senior Senator from Massachusetts? Oh wait that is Kennedy... sorry

That would be Senator Coleman from your fine state right?

[kyle100 0]

Thank you for all your info you have giving us, It really helps to know what has been going on in the back round for the past 5 months, BIG THANK YOU, I wish i could buy you a drink, I think you might need it now with your fingers bleading from all the typing. Hats off to you and i hope you get approved soon. Kyle

[Poi_n_J 0]

Thank you for all your info you have giving us, It really helps to know what has been going on in the back round for the past 5 months, BIG THANK YOU, I wish i could buy you a drink, I think you might need it now with your fingers bleading from all the typing. Hats off to you and i hope you get approved soon. Kyle

Hi Husker and welcome also...!

Is it my turn for a sit on Santa's knee..? .lol.. cos I have a question if you please...

I was just wondering why it is taking so long for us to recieve our NOA1?

I realise that cos we sent our Petition from here (Australia) as we are both living here (we were going to do the DCF before that got cancelled)...so that will take some time but I've looked at other's time lines and we seem waaaaaaay behind?

Any ideas to ease troubled minds...?

Cheers,

Pris.

[Mel_and_Daniel 1]

Any type of marriage to the beneficiary nullifies entering on a K1.

Any type of marriage ? even an illegal marriage one ?

The question should be "even an unrecognized or non-legally binding" marriage. And the answer is maybe. If upon entry to the USA, if the CBP officer "smells" that a marriage (whether legal or not) has occured, you are running a risk of entry denial because this officer will not know the "legal status" of such ceremony. You cannot assume that you will be able to convince him/her otherwise as they are not experts on all the rules/regulations/customs of every country or religion in the world.

Now I'm really confused, I was actually told by someone at the US Embassy in Barbados that it's recommended/ok to have a non-legal marriage for family and friends outside the US and then have the civil ceremony in the US, they even told me that a lot of couples choose this option so friends and family can be included.

[Mel_and_Daniel 1]

4.11)...(email)..My alien fiancee has been issued a K-1 visa. Can we get married abroad and then come back together to the US with the K-1?

A..(email)...No. The alien must NOT be married when s/he enters the US on a K-1 visa. Also, if using the K-1, the couple must marry in the US within 90 days of the alien entering on the K-1.

(FAQ Note: Some couples arrange to have a non legal ceremony prior to the fiance(e) leaving their home country, in order to satisfy the wishes of family, or to have a celebration if the family is unable to travel to the US for a wedding.

I remember reading this earlier on from this page : http://www.visajourney.com/faq/k1k2visa-application.html

There seems to be some contradictory info between some of the posts on this thread and answers on the FAQ's. If anyone has any further info on this, I'd greatly appreciate it.

(I woke up with a headache thinking about this this morning... and just couldn't fall back asleep )

[mRx 16]

Any type of marriage to the beneficiary nullifies entering on a K1.

Any type of marriage ? even an illegal marriage one ?

The question should be "even an unrecognized or non-legally binding" marriage. And the answer is maybe. If upon entry to the USA, if the CBP officer "smells" that a marriage (whether legal or not) has occured, you are running a risk of entry denial because this officer will not know the "legal status" of such ceremony. You cannot assume that you will be able to convince him/her otherwise as they are not experts on all the rules/regulations/customs of every country or religion in the world.

Now I'm really confused, I was actually told by someone at the US Embassy in Barbados that it's recommended/ok to have a non-legal marriage for family and friends outside the US and then have the civil ceremony in the US, they even told me that a lot of couples choose this option so friends and family can be included.

Just like fwaguy said.... It is not uncommon for an official at an embassy to give such advice especially since they are familiar with that countrys customs and know that such a ceremony is not recognized as a marriage by the US. BUT you cannot expect Joe Blow who works immigration at the POE to know about that countrys customs.

But if your SO faces being disowned for not proceeding through the cultural rituals of the country before coming to the USA, then you have to decide whats more important. Just dont give the CBP any reason to suspect anything.

[Mel_and_Daniel 1]

Any type of marriage to the beneficiary nullifies entering on a K1.

Any type of marriage ? even an illegal marriage one ?

The question should be "even an unrecognized or non-legally binding" marriage. And the answer is maybe. If upon entry to the USA, if the CBP officer "smells" that a marriage (whether legal or not) has occured, you are running a risk of entry denial because this officer will not know the "legal status" of such ceremony. You cannot assume that you will be able to convince him/her otherwise as they are not experts on all the rules/regulations/customs of every country or religion in the world.

Now I'm really confused, I was actually told by someone at the US Embassy in Barbados that it's recommended/ok to have a non-legal marriage for family and friends outside the US and then have the civil ceremony in the US, they even told me that a lot of couples choose this option so friends and family can be included.

Just like fwaguy said.... It is not uncommon for an official at an embassy to give such advice especially since they are familiar with that countrys customs and know that such a ceremony is not recognized as a marriage by the US. BUT you cannot expect Joe Blow who works immigration at the POE to know about that countrys customs.

But if your SO faces being disowned for not proceeding through the cultural rituals of the country before coming to the USA, then you have to decide whats more important. Just dont give the CBP any reason to suspect anything.

Ok, I understand now, but we plan on having the non-legal marriage in Canada where they have the same procedures as the US, so I'm guessing the average Joe Blow would be able to see that we are not legally married. We will still be sure to keep it to ourselves at any rate. Anyway, it doesn't matter, that is the only way to make our families happy, and I'm not going to lose any more sleep over it, I've lost enough sleep over this visa stuff as it is. Thanks for the feedback!

[zyggy 9]

Any type of marriage to the beneficiary nullifies entering on a K1.

Any type of marriage ? even an illegal marriage one ?

The question should be "even an unrecognized or non-legally binding" marriage. And the answer is maybe. If upon entry to the USA, if the CBP officer "smells" that a marriage (whether legal or not) has occured, you are running a risk of entry denial because this officer will not know the "legal status" of such ceremony. You cannot assume that you will be able to convince him/her otherwise as they are not experts on all the rules/regulations/customs of every country or religion in the world.

Now I'm really confused, I was actually told by someone at the US Embassy in Barbados that it's recommended/ok to have a non-legal marriage for family and friends outside the US and then have the civil ceremony in the US, they even told me that a lot of couples choose this option so friends and family can be included.

Just like fwaguy said.... It is not uncommon for an official at an embassy to give such advice especially since they are familiar with that countrys customs and know that such a ceremony is not recognized as a marriage by the US. BUT you cannot expect Joe Blow who works immigration at the POE to know about that countrys customs.

But if your SO faces being disowned for not proceeding through the cultural rituals of the country before coming to the USA, then you have to decide whats more important. Just dont give the CBP any reason to suspect anything.

Ok, I understand now, but we plan on having the non-legal marriage in Canada where they have the same procedures as the US, so I'm guessing the average Joe Blow would be able to see that we are not legally married. We will still be sure to keep it to ourselves at any rate. Anyway, it doesn't matter, that is the only way to make our families happy, and I'm not going to lose any more sleep over it, I've lost enough sleep over this visa stuff as it is. Thanks for the feedback!

Actually you can't do this.. In Canada, if it's the first marriage for both of you, any marriage ceremony is legally valid in Canada and therefore is legally valid in the US... No marriage license required... (I think the only exception is in Quebec)

Look up Banns of Marriage...

I actually turned away a couple who had a K1 because they did not know this...

Edited March 13, 2007 by zyggy

[Mel_and_Daniel 1]

Ziggy, are you saying that the marriage is legal even though the Banns are not announced?

[TimsDaisy 0]

Banns are a hit and miss requirement depending on country and jurisdiction. From some research I did, I recall some Canadian provences requiring them, and some not. Quebec had like a 20 day wait to marry unless waived, whereas in BC you could marry the same day.

And nothing I found in my research implied that a Canadian marriage without a license is valid or even possible. Even if you leave aside the license, you'd need a marriage certificate for it to be binding, I presume.

JUST DON'T SIGN ANYTHING!

Here in California, too, the legally active words in the ceremony are the "by the power vested in me by ____, i now pronounce you . .. " - so don't say those kinds of things and don't be married by anyone with the power to marry you.

This seems like an easy thing to avoid - don't accidently get married! Don't wear rings when you arrive and don't carry a big book that says "our wedding album" on top. Answer truthfully when asked "are you married." So "no." You don't need to follow that up with "but we did have an unofficial, non-binding, non-legally joining wedding ceremony in our home country." POE shouldn't be given a reason to care about that any more than they care about what cultural traditions your family uses to celebrate Christmas.

Edited March 13, 2007 by TimsDaisy

[Mel_and_Daniel 1]

Banns are a hit and miss requirement depending on country and jurisdiction. From some research I did, I recall some Canadian provences requiring them, and some not. Quebec had like a 20 day wait to marry unless waived, whereas in BC you could marry the same day.

Ontario requires that it be published for three consecutive weeks. I'm supposing that in the absence of Banns publications and marriage license, then you have a non legal marriage.

Edited March 13, 2007 by Mel_and_Daniel

[Mel_and_Daniel 1]

Banns are a hit and miss requirement depending on country and jurisdiction. From some research I did, I recall some Canadian provences requiring them, and some not. Quebec had like a 20 day wait to marry unless waived, whereas in BC you could marry the same day.

And nothing I found in my research implied that a Canadian marriage without a license is valid or even possible. Even if you leave aside the license, you'd need a marriage certificate for it to be binding, I presume.

JUST DON'T SIGN ANYTHING!

Here in California, too, the legally active words in the ceremony are the "by the power vested in me by ____, i now pronounce you . .. " - so don't say those kinds of things and don't be married by anyone with the power to marry you.

This seems like an easy thing to avoid - don't accidently get married! Don't wear rings when you arrive and don't carry a big book that says "our wedding album" on top. Answer truthfully when asked "are you married." So "no." You don't need to follow that up with "but we did have an unofficial, non-binding, non-legally joining wedding ceremony in our home country." POE shouldn't be given a reason to care about that any more than they care about what cultural traditions your family uses to celebrate Christmas.

Sounds like very good advice. Thanks...

[Poi_n_J 0]

Knock, knock....?