How to File Marriage?

[Pennycat 880]

Well, I wasn't planning on having the President of Costa Rica sign it. I was planning on having a minister and two witnesses sign it, then handing it in to the clerk's office, and letting that be that. I highly doubt they're going to send officers to comb through our photo library.

The Clerk's office may not but USCIS very likely will. Plus lying about that type of stuff is what gets permanent green cards (first she gets a 2 year then must apply for a permanent) denied and people banned from the country. Plus you'd be asking three people to participate in fraud and commit perjury, one of whom could lose their license to marry people in NC. All for what? So that you can embark on a longer more difficult and more expensive immigration path after committing immigration fraud of your own?

It makes no sense why you want to go through all of this when your path is clear: choose where you want to get married and do it there. If you do it in NC, it'll be with your pastor, if in Costa Rica, someone there. Or, you can get legally married one place and ceremonially in another. Your pastor could do the ceremony only in Costa Rica and a judge or officiant or whoever do the legal bit.

Are you actively searching for the hardest and red flaggiest way possible for some reason? Are one of you married to someone else and trying to not get caught?

[rboston 1]

What you are proposing to do is immigration fraud. For immigration purposes, the marriage must be legal in the country in which it was performed. Having the marriage and filing paperwork in NC does not constitute a legal marriage. A marriage license from NC is not valid to perform a marriage in Costa Rica. You are asking any of your friends that sign as witnesses to join you in committing fraud if you then file the certificate in NC since there was no marriage performed in NC.

Having you "wife" (which she really won't be since it wasn't a valid marriage where it was performed) then travel to the US on a visitor's visa to the adjust status adds to the fraud.

What else will USCIS know? Well, among other things, they will know that your "marriage date" on the certificate occured before your wife entered the US! Or, are you going to ask witnesses to sign a certificate with fraudulent dates?

You are creating a disaster waiting to happen! Why would you want to do that to you, your fiance, and your friends?

No, it won't be immigration fraud. We're planning on filing all the required paperwork for a CR-1. I haven't said anything about AOS in this thread, it was just a thought that occurred to me after reading the USCIS site. Commenters on the other thread made it plain it costs more and doesn't save any paperwork, and carries a risk of ban from the country, so we're not going to go that route.

Our marriage will be legal, because we're going to file all the paperwork they ask for.

She will be my wife, because I'm going to marry her.

I really don't want to start an argument about ethical philosophy. This forum has a stellar reputation for the most knowledge on the visa process, and I really came looking for information, to understand options.

Right now, filing in NC sounds like the best option. I've heard getting forms shipped from a foreign country can add an extra five months or so to the CR1 waiting process. Avoiding those is apparently pretty simple. I haven't heard anything suggesting filing in CR would be better for us, so far.

[Harpa Timsah 13,258]

[Pennycat 880]

No, it won't be immigration fraud. We're planning on filing all the required paperwork for a CR-1. I haven't said anything about AOS in this thread, it was just a thought that occurred to me after reading the USCIS site. Commenters on the other thread made it plain it costs more and doesn't save any paperwork, and carries a risk of ban from the country, so we're not going to go that route.

Our marriage will be legal, because we're going to file all the paperwork they ask for.

She will be my wife, because I'm going to marry her.

I really don't want to start an argument about ethical philosophy. This forum has a stellar reputation for the most knowledge on the visa process, and I really came looking for information, to understand options.

Right now, filing in NC sounds like the best option. I've heard getting forms shipped from a foreign country can add an extra five months or so to the CR1 waiting process. Avoiding those is apparently pretty simple. I haven't heard anything suggesting filing in CR would be better for us, so far.

You'd have to check with North Carolina but I'm pretty sure that the marriage must take place in the state. In Virginia, it's by the county which makes life fun. So were your officiant and witness to lie about this, the county clerk might not know but USCIS most definitely will, will conclude you're not married and deny your petition. Then you'd be back at square one, except for the fact that I don't imagine it's easy to tell a clerk who considers you married that you're not and can you try again. They won't know if they need to divorce you or what.

People here really are trying to help you. You started out saying that you don't know anything about marriage certificates and are asking for help from people who do know, then telling them they're wrong.

Just choose the wheres, get clear on the requirements, and figure out how to get what you want while sticking with the rules of the jurisdiction.

Also, I can't imagine how or why getting married abroad would add 5 months to the process. Just get your marriage certificate before you leave Costa Rica. Or have her mail it to you. Who said that and under what circumstances?

[Randyandyuni 2,682]

Why ask advice then spit on it? No one was rude, they merely pointed out potential flaws in your logic.

[yuna628 9,676]

If you want to obtain a marriage license from NC, you must use that document and MARRY within the STATE. NOT in some other country. To do so is to commit fraud with respect to the STATE and will make the marriage invalid. Attempts to fraud the state regarding the clerk of the court can result in jail and fine consequences for all parties involved. If you then attempt to file for a spousal visa and your marriage is invalid it is then federal immigration fraud. Do not attempt to do what you are proposing. If the OP believes this forum has a stellar reputation, the OP should believe posters here when they say do not proceed.

To obtain a license in the state of NC, in many instances BOTH parties must be present before the clerk of the court. If both parties must be present, it is prudent to just marry at the clerk or location of choice within NC.

Marry in the US or marry in Costa Rica, but you cannot combine both.

[afortunada 182]

No, it won't be immigration fraud. We're planning on filing all the required paperwork for a CR-1. I haven't said anything about AOS in this thread, it was just a thought that occurred to me after reading the USCIS site. Commenters on the other thread made it plain it costs more and doesn't save any paperwork, and carries a risk of ban from the country, so we're not going to go that route.

Our marriage will be legal, because we're going to file all the paperwork they ask for.

She will be my wife, because I'm going to marry her.

I really don't want to start an argument about ethical philosophy. This forum has a stellar reputation for the most knowledge on the visa process, and I really came looking for information, to understand options.

Right now, filing in NC sounds like the best option. I've heard getting forms shipped from a foreign country can add an extra five months or so to the CR1 waiting process. Avoiding those is apparently pretty simple. I haven't heard anything suggesting filing in CR would be better for us, so far.

Heard forms getting shipped from a foreign country.....? What are you talking about? What would you possibly need shipped? Here is exactly what you need to do:

- Check what the requirements are for a legal wedding in Costa Rica (for Mexico I had to bring my birth certificate with Apostille, my ID)

- Go to Costa Rica and have your wife go with you to the local Registro Civil. They will tell you what documents you need, will ask you the time and date of your wedding so they can plan to have someone there to officiate it, and you'll pay a fee

- When you get married you will sign the marriage certificate with witness in front of the person from the Registro Civil. They will give you one of the originals. You can get additional copies from the Registro Civil later if you'd like.

- At this point, YOU ARE MARRIED. It doesn't matter where the heck in the world you get married, when you go back to NC, you are still considered married. Wahoo!

- While in Costa Rica, also collect documents from your now-wife: two passport-style photos, copies of birth certificate, copies of passport, receipts from things you've done together, blah blah blah blah. And guess what? You NEVER send in original items (with the excption of passport photos) for the immigration petition - she only needs originals in her home country at her interview. Also excellent! So, if you forget something while you're down there, go ahead and have her scan you photocopies and you can print them off at home.

- Now, head back to NC with papers in hand and get those papers (marriage certificate, her birth certificate, etc) translated. Again, you don't have to pay to do this; absolutely anyone can translate who understands both languages. I can show you how that's done if you'd like. Then, prepare and file your I-130 petition for her from NC and your clock starts rolling down!

- Your wife can come visit you for as long as immigration allows her on her tourist visa, but she MUST return to her country before her stay expires and to complete her CR-1 interview.

- After a year or so you'll be all set and she will be able to permanently move back with you.

[David & Diana R 1,005]

Thanks for your response.

Suppose I get the marriage license from NC, have the ceremony in Costa Rica anyway, all witnesses sign, then we turn it in North Carolina anyway.

Regardless of whether NC will be unhappy about it, is that going to affect the the CR-1 process in any way?

No if you get a North Carolina license it can only be used in North Carolina. You can't just get a license and travel the world and get married.

[JFH 12,190]

I don't understand where this "documents shipped from abroad adds five months to the process" comes from. Everyone doing a CR-1 has some involvement with foreign documents. The whole point of the visa is to bring a foreign spouse into the country. So everyone is dealing with foreign birth certificates, foreign police certificates, possibly foreign marriage certificates. I used UPS to get my documents to USCIS and NVC from the UK. Took 2 days.

It requires some organisation to get through this quickly. Gather as many documents as you can, as early as you can. Your wife doesn't need her birth certificate for this stage of the process (although she may need it to get married) so it's a good idea to start ordering those things now. Most things can be ordered online.

As an aside, the most difficult document for us to obtain in all this was my husband's California birth certificate. That took 3 weeks and several phone calls and forms.

Edited September 16, 2016 by JFH

[Harpa Timsah 13,258]

I don't think the OP knows much about immigration, international shipping, Costa Rica, or legal marriage. A lot of people are asking "where did this idea come from?" Don't know, seems he is working on hearsay, his imagination, etc.

[rboston 1]

I don't understand where this "documents shipped from abroad adds five months to the process" comes from. Everyone doing a CR-1 has some involvement with foreign documents. The whole point of the visa is to bring a foreign spouse into the country. So everyone is dealing with foreign birth certificates, foreign police certificates, possibly foreign marriage certificates. I used UPS to get my documents to USCIS and NVC from the UK. Took 2 days.

It might have, yes. But you are also apparently from the UK. People there speak English natively and the government has a reputation for being punctual and proper. My fiancee is from CR, where things are different. Just mailing a letter to her can take a month to arrive, and only makes it to her door 30% of the time.

That it would be on the order of four or fives months, we read on a visa help forum. I'm pretty sure it was this forum, actually. Can't find the specific thread at the moment. In it, the questioner was advised to get married in the US, because the process of USCIS interacting with the Costa Rican government takes a really long time, allegedly.

[Randyandyuni 2,682]

but you are getting married in costa rica on questionable documentation. People are trying to help you see that what you suggest will hurt your case not help it.

[rboston 1]

You'd have to check with North Carolina but I'm pretty sure that the marriage must take place in the state. In Virginia, it's by the county which makes life fun.

It appears to be the same here :/

So were your officiant and witness to lie about this, the county clerk might not know but USCIS most definitely will, will conclude you're not married and deny your petition. Then you'd be back at square one, except for the fact that I don't imagine it's easy to tell a clerk who considers you married that you're not and can you try again. They won't know if they need to divorce you or what.

They will know how?

People here really are trying to help you. You started out saying that you don't know anything about marriage certificates and are asking for help from people who do know, then telling them they're wrong.

I haven't told anyone that they're wrong. Since the third or so post, it's been clear to me that NC expects licenses to be for ceremonies in NC. Everyone saying I have to use it in NC is factually correct, as has been documented by several people.

[Pennycat 880]

It might have, yes. But you are also apparently from the UK. People there speak English natively and the government has a reputation for being punctual and proper. My fiancee is from CR, where things are different. Just mailing a letter to her can take a month to arrive, and only makes it to her door 30% of the time.

That it would be on the order of four or fives months, we read on a visa help forum. I'm pretty sure it was this forum, actually. Can't find the specific thread at the moment. In it, the questioner was advised to get married in the US, because the process of USCIS interacting with the Costa Rican government takes a really long time, allegedly.

USCIS never interacts with the foreign government for you. Seriously, where are you getting this terribly inaccurate picture? Is it an immigration lawyer? If so, run. Dude just wants your money and is making this whole thing sound oh so difficult that you never possibly could do it yourself. You're blowing this all up into something huge and difficult that it absolutely is NOT. Lawyers in general (and immigration lawyers in particular) are famous for making things sound much more convoluted and difficult than they actually are.

You provide the marriage certificate, and any necessary translations to USCIS. They don't go tracking them down for you. This is GOOD news because you are in control of the process.

So what will happen if you get married in Costa Rica is that you go down to the Registro Civil, ask for your marriage certificate, and go pick it up when it's ready. Ask other Costa Rican CR1 filers if this was difficult (we got married in the US so I don't know myself), my guess is no. It probably takes a few weeks after the marriage to be ready, though, which is similar here.

Then, to translate, you either do it yourself/herself if your language skills are good enough, or take it to a translator of which there are many in San Jose and all over the country.

Then, she puts it into a DHL or UPS envelope and it's at your house in a few days. Don't use the public mail for important documents. We used FedEx to ship our petition within the US because you shouldn't use public mail for important documents.

Then, once you have it in the US, YOU include it in your petition to USCIS along with several other documents and forms. At no point does USCIS try to go tracking down your marriage certificate or birth certificate or police certificate for you.

What happens if you get married in North Carolina is basically the same thing. You'll probably need to go pick it up at the courthouse when it's ready (can be a few weeks), and include it in your petition to USCIS. The steps you skip are the translation and her getting it to you. But those aren't exactly rocket science. They're mostly errands.

[Jojo92122 1,924]

They will know how?

I haven't told anyone that they're wrong. Since the third or so post, it's been clear to me that NC expects licenses to be for ceremonies in NC. Everyone saying I have to use it in NC is factually correct, as has been documented by several people.

If you want to violate the law, then be prepared to pay the price.

You know what the law requires - "I have to use it in NC is factually correct."

Play your game and see what happens.