Having a Private Ceremony Before K-1 is Approved & Nexus Card

[David & Diana R 1,005]

5 hours ago, Kathryn Banman said:

Thanks for all your responses you guys. I understand that there could definitely be some major issues that could come up from having any kind of ceremony before the visa is approved and we get married in the USA. It just really saddens me that I'd have to get married without my dad there, which is why we had thought of doing the private ceremony first. I've always liked the whole symbolism behind the father walking his daughter down the aisle and "giving her away" to the groom. My dad would love to be there, but he does understand that it may simply just not work. He's in the process of obtaining a pardon (for who knows what cause he's done literally nothing) so maybe that will go through by the time our forms go through as well.

Simple.  Just get married in a courthouse in the US.  Then later have the big wedding in Canada.  You can have as many weddings as you want in as many countries as you want once the k-1 has been issued.

Edited January 10, 2017 by David & Zoila

[Kathryn Baer 1]

1 hour ago, Will_and_Tu said:

Incredibly bad idea to do it beforehand.

 

But I'm confused--why can't you have a private ceremony and have your father walk you after the fact? If the private ceremony wasn't a real wedding, anyway, what difference does it make?

Because he can't come to the USA, I really hate the idea of getting married without him there. And to have him walk me down the aisle after the fact (after we've officially gotten married in the USA) just seems dumb to me, because the whole point in it is for him to "give me away" to the groom before we're married, not after. My fiance has no intentions of having another ceremony after the wedding in the USA and wants my father to "give me away" as well (he's traditional), which is why we thought having a private ceremony in Canada would allow my father to participate and do just that.

[David & Diana R 1,005]

2 minutes ago, Kathryn Banman said:

Because he can't come to the USA, I really hate the idea of getting married without him there. And to have him walk me down the aisle after the fact (after we've officially gotten married in the USA) just seems dumb to me, because the whole point in it is for him to "give me away" to the groom before we're married, not after. My fiance has no intentions of having another ceremony after the wedding in the USA and wants my father to "give me away" as well (he's traditional), which is why we thought having a private ceremony in Canada would allow my father to participate and do just that.

But he would be "giving you away" in an imaginary ceremony that doesn't count anyway.

[Lemonslice 4,917]

1 minute ago, Kathryn Banman said:

Because he can't come to the USA, I really hate the idea of getting married without him there. And to have him walk me down the aisle after the fact (after we've officially gotten married in the USA) just seems dumb to me, because the whole point in it is for him to "give me away" to the groom before we're married, not after. My fiance has no intentions of having another ceremony after the wedding in the USA and wants my father to "give me away" as well (he's traditional), which is why we thought having a private ceremony in Canada would allow my father to participate and do just that.

It is ok  - if it is important for you to get married with your parents present, stop the K1 process and get married in Canada with your family, then file for the CR1.  

[narakthisud 174]

5 hours ago, Kathryn Banman said:

Also, I was wondering if anyone knew if since I recently obtained my Nexus/Global Entry Card (my fingerprints & background check for the USA were done in October, 2016) if that could potentially help make obtaining the K-1 faster? I am in the USA system already, and pretty recently at that, so I have hope that it will somehow make things go faster.

I am a fellow GE card holder and my approval did not go any faster than folks who applied around the same time as I did. For what it's worth, knowing that you got GE will most likely give you peace of mind that you most likely will pass the background check. (One less reason to get an RFE).

[Kathryn Baer 1]

5 minutes ago, David & Zoila said:

But he would be "giving you away" in an imaginary ceremony that doesn't count anyway.

I suppose yes. I think we'd be better off not having either parents there to get married, instead of having one or the other there. 

[David & Diana R 1,005]

17 minutes ago, Kathryn Banman said:

I suppose yes. I think we'd be better off not having either parents there to get married, instead of having one or the other there. 

That's ridiculous!  So you will "punish" your spouse's family and not have them at the wedding because your dad can't travel to USA?  OMG, that is not the solution! 

If your dad has really not been arrested since 1984 I am sure he could clear it up.  Is it possible that your dad did not disclose the fact the he was arrested again to your mom and other family members due to shame?

Just a thought.

[Kathryn Baer 1]

2 minutes ago, David & Zoila said:

That's ridiculous!  So you will "punish" your spouse's family and not have them at the wedding because your dad can't travel to USA?  OMG, that is not the solution! 

If your dad has really not been arrested since 1984 I am sure he could clear it up.  Is it possible that your dad did not disclose the fact the he was arrested again to your mom and other family members due to shame?

Just a thought.

It wasn't my idea, my fiance suggested it. He feels that either we're obligated to have both families there, or neither. 

I live in an incredibly small town, if someone gets pulled over for speeding everyone knows about it, let alone getting arrested. My dad hardly does anything, and when he went in to get a Criminal Record Check done after being told he could no longer enter the USA, it came back totally clear except for his arrest in 1984 (which US Border Patrol say would have no impact on his ability to enter the USA since he received no jail time). The officer at the RCMP office did say that there was someone in the country with the same name that had committed a horrendous crime not long ago, so the officer thinks it has to do with his name and they flagged it. Border Patrol refuses to tell us what he has supposedly been arrested for, so it's incredibly annoying trying to get a pardon for something you don't even know you apparently did.  

[Rc123rc 528]

I've seen a number of denials on here where there was an "Engagement" Party or Ceremony or a Religious Wedding Ceremony. None of them legally binding as far as USCIS is concerned but they considered you more than a K-1 fiance so "DENIED" unfortunately. 

[Lemonslice 4,917]

Quote

If you believe that you have been denied entry for no legitimate reason, you may submit a request for redress through theDepartment of Homeland Security's Travelers Redress Inquiry Program.

Source: https://help.cbp.gov/app/answers/detail/a_id/757/~/friend,-relative,-etc.-denied-entry-to-the-u.s.

[Ontarkie 14,304]

 

If it looks like a duck sounds like a duck it is a duck.

In Canada whether you get a marriage license or not it will be considered legal and any one who is legally allowed to perform weddings must register it. 

If you try to have someone who is not legally allowed to perform a ceremony and you do the whole dress and have your dad walk you down the isle you can still be denied. They almost always find this stuff out btw. 

 

[Ryan H 3,818]

Moved from K3 Process & Procedures to General Immigration-Related Discussion.

[AstroCanada 206]

I think in countries like Canada, where the traditions of marriage are so similar to the US, you'd be exposing yourself to little risk of having a private, purely ceremonial marriage.  Most of the posters who are expressing concern (which is rightly noted) are referring to places in which "traditional" marriage is common...often in the context of African or Asian cultures.  Canada and the US both have very rigidly established procedures for getting legally married.  The US does not recognize common law marriage for immigration, and common-law marriage in Canada is established by living together in a conjugal/financial relationship for some length of time that depends on the province.  So common-law marriage has no bearing on this situation.  

 

Basically, to sum it up, marriage for legal purposes in Canada and the US is sufficiently clear and codified that any private ceremony should hold no legal weight nor have any implications for a K-1 visa.   

 

 

[A'n'L 735]

44 minutes ago, AstroCanada said:

I think in countries like Canada, where the traditions of marriage are so similar to the US, you'd be exposing yourself to little risk of having a private, purely ceremonial marriage.  Most of the posters who are expressing concern (which is rightly noted) are referring to places in which "traditional" marriage is common...often in the context of African or Asian cultures.  Canada and the US both have very rigidly established procedures for getting legally married.  The US does not recognize common law marriage for immigration, and common-law marriage in Canada is established by living together in a conjugal/financial relationship for some length of time that depends on the province.  So common-law marriage has no bearing on this situation.  

 

Basically, to sum it up, marriage for legal purposes in Canada and the US is sufficiently clear and codified that any private ceremony should hold no legal weight nor have any implications for a K-1 visa.   

 

 

I believe there was also a case from Australia. Don't ever place all your bets on something being "sufficiently clear" to immigration officials.

[Ash.1101 1,756]

If they find out that you have even a private ceremonial purpose marriage, they can either straight up deny you then and there, or it's up to you to prove that it wasn't real, which would most likely end up digging yourself in a hole that would make them question it even more.

Consular discretion exists in these situations, if the CO has a feeling they're married and can say "Well I saw this photo on facebook and they said "We had a religious ceremony", I consider them to be married for immigration purposes."


It doesn't matter what country, a religious wedding without legal paperwork is still a religious wedding. There are people of all religions in Canada and the US, and they don't deny religious weddings simply because they came out of low fraud countries. There's a big difference between living together and becoming common law, and planning and executing a marriage ceremony.

If they find out about it, they can deny you for it, and in that case you'll then HAVE to get married because you'll be marked as too married for a K-1, but not married enough for a CR-1.

It's a matter if they find out about it, which they could. I wouldn't take the chance.