Possible marriage date issue

[starregazer 6]

I am new to this process and am currently waiting on my Fiancee's papers to arrive via snail mail so that I can submit everything and get started.

My situation is, we already have set a date for the wedding and put a non-refundable deposit down. (yes, I know after reading through this forum that was a no-no) This is for Oct 1, so the process might not be done by then. Especially since I'm now waiting about 2 weeks for his G-325A, intent to marry and passport photo to arrive to me. I had planned to have this already submitted by now but didn't realize until after we were no longer together (I visited him over the holidays and he was here for meetings for his job in Jan) that I needed his wet-signature on the G-325A and intent to marry.

Would it be an issue for he and I to have a non-legal ceremony aka party on Oct 1 if his Visa does not get approved by then? He will still have time left to travel via ESTA's visa waiver program so I don't see an issue there.

I know a lot of you have a civil ceremony to get legally married and then have something bigger in the future. We'd just basically be doing it a bit backwards, having the big ceremony (non-legal) first, after which he'd have to return home until his K-1 is approved, and then we would have a legal ceremony at the courthouse when he re-enters with the Visa.

One reason I want the big ceremony first is that my grandmother isn't in the best health, I want to have it in Oct and I want to have it this year as if I wait until next year, she may not be around anymore.

Thanks in advance for any help!

[starregazer 6]

I also want to note that I only have a reception hall booked as we are not planning a religious ceremony to begin with, we would have non-official vows and would be holding everything at the reception hall, it's easy enough to turn it into a party and have a civil ceremony later at the courthouse.

[Pitaya 2,577]

I am new to this process and am currently waiting on my Fiancee's papers to arrive via snail mail so that I can submit everything and get started.

My situation is, we already have set a date for the wedding and put a non-refundable deposit down. (yes, I know after reading through this forum that was a no-no) This is for Oct 1, so the process might not be done by then. Especially since I'm now waiting about 2 weeks for his G-325A, intent to marry and passport photo to arrive to me. I had planned to have this already submitted by now but didn't realize until after we were no longer together (I visited him over the holidays and he was here for meetings for his job in Jan) that I needed his wet-signature on the G-325A and intent to marry.

Would it be an issue for he and I to have a non-legal ceremony aka party on Oct 1 if his Visa does not get approved by then? He will still have time left to travel via ESTA's visa waiver program so I don't see an issue there.

I know a lot of you have a civil ceremony to get legally married and then have something bigger in the future. We'd just basically be doing it a bit backwards, having the big ceremony (non-legal) first, after which he'd have to return home until his K-1 is approved, and then we would have a legal ceremony at the courthouse when he re-enters with the Visa. You are doing it a lot backwards. If the interviewing consulate gets wind or has a suspicion that you have had a "whatever you want to call it ceremony," the interviewing CO may consider you already married, and ineligible for a fiancee visa.

One reason I want the big ceremony first is that my grandmother isn't in the best health, I want to have it in Oct and I want to have it this year as if I wait until next year, she may not be around anymore.

Thanks in advance for any help!

Welcome to the forum.

There have been all sorts of schemes described trying to circumvent the rules and procedures associated with the K1 fiance(e) program, most have them have not been successful, and then have had to scramble and deal with the consequences of trying to "game" USCIS. Play it straight, go by the rules, tell the truth, that is always the best policy.

Good luck on your immigration journey.

Edited March 9, 2016 by Pitaya

[Boiler 46,128]

No problem with a party.

Forget the vows etc.

[dmck 80]

tempting fate - one wrong word and the CO can deny entry based on being married, suspicion of marriage etc. There are several examples in VJ of people doing what you are proposing and being denied entry (and several that have had parties and made it in). It is really not worth it. Immigration is the priority, marriage/ceremony is in the passenger seat for now. If you get denied, you will lose all the time and money you have already spent on your visa to date, and have to re-apply, pay more fees, wait more time. Rarely are things non-refundable that are booked in October.

[baron555 934]

My situation is, we already have set a date for the wedding and put a non-refundable deposit down. (yes, I know after reading through this forum that was a no-no)

Then why did you do it?

This is for Oct 1,

What country? Oct is a big huge maybe if you haven't filed yet.

so the process might not be done by then. Especially since I'm now waiting about 2 weeks for his G-325A, intent to marry and passport photo to arrive to me.

FedEx can take just a couple of days.

I had planned to have this already submitted by now but didn't realize until after we were no longer together (I visited him over the holidays and he was here for meetings for his job in Jan) that I needed his wet-signature on the G-325A and intent to marry.

Would it be an issue for he and I to have a non-legal ceremony

No ceremony.

aka party

Party is OK.

on Oct 1 if his Visa does not get approved by then? He will still have time left to travel via ESTA's visa waiver program so I don't see an issue there.

Maybe. They will see a K-1 petition in their system.

I know a lot of you have a civil ceremony to get legally married and then have something bigger in the future.

Yes.

We'd just basically be doing it a bit backwards,

Why?

having the big ceremony (non-legal)

What is the difference?

first, after which he'd have to return home until his K-1 is approved, and then we would have a legal ceremony at the courthouse when he re-enters with the Visa.

Yes

One reason I want the big ceremony first is that my grandmother isn't in the best health,

Sri, but doesn't matter.

I want to have it in Oct and I want to have it this year as if I wait until next year, she may not be around anymore.

What's the difference between him just visiting and you having a ceremony? Doesn't she understand the immigration requirements? I bet she will.

[baron555 934]

I also want to note that I only have a reception hall booked as we are not planning a religious ceremony to begin with,

Don't need a religious ceremony to become married.

we would have non-official vows

Vows are vows. Is there a difference between non-official and official?

and would be holding everything at the reception hall,

You can become married at a reception hall.

it's easy enough to turn it into a party

Parties are good. Ceremonies and vows are not so much in this context.

and have a civil ceremony later at the courthouse.

Correct.

[Cathi 5,784]

if it walks like a duck and talks like a duck....if you have anything that even resembles a wedding you could be denied. Change your wedding date

[Ortolan 381]

Just have an "Engagement Party" if you have to have a party. Don't do any vow stuff at the party, no ceremony-type "pledging your troth" stuff. Do "engagement party" invitations and send 'em out. Make sure that's all it is.

[pantonia 39]

If you absolutely have to do something "big" for your family to see soon, and you already booked the place and absolutely don't wanna waste the money, then I was gonna suggest the same thing someone else did: engagement party. Make it very very clear though that it is an engagement party: no wedding dress, no bouquet, just don't risk it. Make invitations that state what it is, I dunno, just I strongly believe it is not worth risking throwing the whole visa process out the window to have a big party/ceremony, even counting in the fact about your grandma.

A lot of people just get denied on the base that they don't believe the couple isn't married already.

You could also cancel the whole k-1 visa thing, since you just started it, marry in the US under tourist visa/visa waiver and HAVE HIM RETURN TO HIS COUNTRY (so that it doesn't seem like he's commiting visa fraud) and then apply for a spouse visa instead of a fiance one. He'll have to stay in his country until the whole process is done, but it's one option to get all you wan maybe

Edited March 9, 2016 by pantonia

[Cori and Rob 55]

As a person who was in a very similar situation as you back in 2012, my thoughts to you is to not plan a wedding for October. Even if things get approved quickly, there is still the NVC and interview stage, which could add more time. And if you get an RFE, things get even more delayed. Your fiance might not be allowed into the country for some reason, and then what? Would you have a party by yourself? Seriously, the stress of working against the clock is not worth it. Apply for the K-1, wait for the approval, then plan a wedding. Or, if you want, marry then file for a spousal visa.

[Transborderwife 4,666]

Nope nope nope. Don't do it

[starregazer 6]

My situation is, we already have set a date for the wedding and put a non-refundable deposit down. (yes, I know after reading through this forum that was a no-no)

Then why did you do it?

We booked before I knew it was a bad thing to do.

This is for Oct 1,

What country? Oct is a big huge maybe if you haven't filed yet.

He lives and works in Austria but is an Italian citizen, I believe his interview would be in Austria.

so the process might not be done by then. Especially since I'm now waiting about 2 weeks for his G-325A, intent to marry and passport photo to arrive to me.

FedEx can take just a couple of days.

His package is coming from Austria, it last had tracking info on March 1, I don't think I'll be seeing it at any point this week. He sent it out in a faster way that's supposed to be here in 7-9 days, I'm just not optimistic.

[baron555 934]

Plan on the approval for NOA2 to take 5-10 months, be happy with 5 and even happier with less.

That said, it would be very close for an October ceremony.

[starregazer 6]

Thank you everyone for your help. I am going to keep the date (venue) for now as it's already booked but refrain from putting down any more money. We'll keep close track of the timeline and decide closer to if we need to cancel the venue. I'll talk to them to see if I can set a moveable or backup date. (hopefully they will work with me as they know part of the situation and know me personally)

My fiancee things thinks in Austria will go quickly. I am more worried than he is. Showing him this thread made him think of things a little more seriously, so that helps too. He was kinda "winging" things and I told him he needs to start reading up more on things or we'll never get approved.

I am so glad I found this site and forum.