Important question regarding our wedding date before visa approval

[Jess & Ian 0]

Hi, I am freaking out a little right now because our wedding date is set for May 12, 2007. My fiance is English and everything has been completed except for the interview at the consulate in London. They are still waiting on the police certificate to be sent to them before they issue an interview date. With our wedding being only 5 weeks away, I'm not sure if he'll have his interview before then, he is coming over in 3 weeks. We have put $15,000 in to this wedding and it is definitely happening. My question is, is it okay for us to have our "wedding" and then him return to the UK and wait for his interview date? I don't know what we can do. I'm just really hoping that a miracle will happen and he'll get the visa before he leaves. Please advise.

Thanks!

[JoeMama 0]

It's always been pointed out in this forum to never set wedding dates until the visa is in hand. Obviously, I think you are seeing why. If you have filed for a K-1 visa and your fiance' comes to visit and you go ahead with your wedding plans, you may have to file an adjustment to your visa. A K-1 visa is intended for the foreign fiance to come to the USA and get married.

There will be more detailed comments coming from others on here. Sit back and read them as they appear. This should help you make an informed decision on what you may or may not need to do.

[piosenka 0]

Just have him come in for the ceremony and reception, but you can't get legally married. He'll have to come back to the US after he gets the visa and you will have to get "officially" married then.

[broma25 2]

He cannot come to the US and get married and then return to the UK to wait for his interview because he is interviewing for a K1- Fiance visa, which as you will be married he will not qualify. You will have to re-apply for a spousal visa.

[Dan J 277]

You can have the wedding, IF its not considered legally binding. If you do have a legal wedding before you have your K-1 Visa, you have to start over from scratch with a K-3 or CR-1/IR-1 visa. You can still go ahead with the wedding, but it will have to be just ceromonial, then follow up with a legal wedding once you actually have the K-1 visa and are in the country. If you do this, you have to be careful with immigration officials. Dont wear wedding rings, dont refer to each other as husband and wife. Even though a non-legal cermony is perfectly fine, it can cause confusion and delays if immigration officals find out about it.

In order for your fiancee to enter the country under B-2 visa or VWP he will have to show ties to his home country. If he cant, he may be denied entry at the PoE.

[*JG* 2]

Do not get a marriage license as they are only good for a short period of time.

Have a "fake" wedding, if you must. Let the presider know this as they may want to change some wording or something. Do not sign anything official.

Once he comes over on K-1, have an official ceremony at the courthouse or whatever.

[TimsDaisy 0]

Look for BuxtonBabe's entries - she sent a detailed letter explaining why they were hoping to be married in a specific time frame (due to children's availabilities, I think). Try sending a letter or asking them about what's going on. Explain the situation and say that although you know you don't have a "right" to have your schedule followed by the Embassy, you would appreciate any aid they could provide.

You'll probably be alright. Don't panic yet. He might just need to adjust his travel dates.

Legally - it's fine for you to have a wedding party, so long as you do not legally marry prior to the granting of the K1 and his arrival in this country. Wedding never necessarily equals legal marriage.

I think we, as a community, should work hard to retrain our minds NOT to equate wedding (a party, religious, or family celebration) with a legally binding marriage. The US government doesn't care two bits about what you wear, if you walk down an aisle, if there is cake, etc. They only care that you sign a marriage license. So don't sign one unless he's entered on his K1.

Edited April 3, 2007 by TimsDaisy

[rebeccajo 14]

I think we, as a community, should work hard to retrain our minds NOT to equate wedding (a party, religious, or family celebration) with a legally binding marriage. The US government doesn't care two bits about what you wear, if you walk down an aisle, if there is cake, etc. They only care that you sign a marriage license. So don't sign one unless he's entered on his K1.

Yeah, I agree, but why bother with the BIG DEAL if it's not the REAL DEAL?

I guess I'm just weird about stuff like that. Personally, it'd be a big let down to me if I had all the fuss and still wasn't really a missus.

How long ago did you order his police certificate?

[TimsDaisy 0]

I think we, as a community, should work hard to retrain our minds NOT to equate wedding (a party, religious, or family celebration) with a legally binding marriage. The US government doesn't care two bits about what you wear, if you walk down an aisle, if there is cake, etc. They only care that you sign a marriage license. So don't sign one unless he's entered on his K1.

Yeah, I agree, but why bother with the BIG DEAL if it's not the REAL DEAL?

I guess I'm just weird about stuff like that. Personally, it'd be a big let down to me if I had all the fuss and still wasn't really a missus.

How long ago did you order his police certificate?

You're right. But I don't see any other way of looking at it and keeping my sanity AND still having the ability to participate in a cultural rite of passage the same as my mother before me and her mother before her. And that includes my fiance's participation. So that means, for us, most likely, the legal ceremony will predate the cultural rite of passage. And I'll have to make the second, ceremonial aspect, meaningful, despite already being a missus. All of this only means something if we give it meaning to begin with.

One could make the argument why bother with the BIG DEAL at all since all you need to be married is to spend a relatively few dollars on a marriage license and filing fees for the certificate later.

We have to determine our own REAL DEALS - and more often than not, they'll be different than those marrying under more normal circumstances.

[Jess & Ian 0]

I fully agree with you. I'm not all hyped up about my "wedding." I am just happy to be marrying the man I love, regardless or not if it is "legally" binding yet, I will still consider this my wedding day. However, for legal purposes, I should not sign anything yet? I was going to get my marriage license next wednesday but perhaps I should hold off for a bit. I just want to make sure with everyone that it is indeed okay for him to come here for our wedding without his fiance visa? We will wait to sign anything until he officially has his visa. The pastor that is marrying us is a close friend of the family so I am sure he will be fine with signing this later. So in the future, for all legal documents we should put our legal marriage date down? I really wish this wasn't the case.

How long does it normally take for the police certificate to go through? He has no record, and he sent it in several weeks ago.

[athena_ny 1]

Look for BuxtonBabe's entries - she sent a detailed letter explaining why they were hoping to be married in a specific time frame (due to children's availabilities, I think). Try sending a letter or asking them about what's going on. Explain the situation and say that although you know you don't have a "right" to have your schedule followed by the Embassy, you would appreciate any aid they could provide.

You'll probably be alright. Don't panic yet. He might just need to adjust his travel dates.

Legally - it's fine for you to have a wedding party, so long as you do not legally marry prior to the granting of the K1 and his arrival in this country. Wedding never necessarily equals legal marriage.

I think we, as a community, should work hard to retrain our minds NOT to equate wedding (a party, religious, or family celebration) with a legally binding marriage. The US government doesn't care two bits about what you wear, if you walk down an aisle, if there is cake, etc. They only care that you sign a marriage license. So don't sign one unless he's entered on his K1.

The only downside is some people get stupid at the POE and say theyre coming for their wedding or will even call their fiancee/fiance their husband/wife though their ceremony wasn't legally binding. The officer at the POE doesn't need to find proof that you aren't married to deny entry...slip up and you're done.

[athena_ny 1]

I fully agree with you. I'm not all hyped up about my "wedding." I am just happy to be marrying the man I love, regardless or not if it is "legally" binding yet, I will still consider this my wedding day. However, for legal purposes, I should not sign anything yet? I was going to get my marriage license next wednesday but perhaps I should hold off for a bit. I just want to make sure with everyone that it is indeed okay for him to come here for our wedding without his fiance visa? We will wait to sign anything until he officially has his visa. The pastor that is marrying us is a close friend of the family so I am sure he will be fine with signing this later. So in the future, for all legal documents we should put our legal marriage date down? I really wish this wasn't the case.

How long does it normally take for the police certificate to go through? He has no record, and he sent it in several weeks ago.

How were you planning on getting a marriage license without him present? In all states I've lived in, both parties MUST be present.

Also, yes, you put your legal marriage date down. If it's not legally binding, you're not married.

Edited April 4, 2007 by meow mix

[Cécy 44]

I fully agree with you. I'm not all hyped up about my "wedding." I am just happy to be marrying the man I love, regardless or not if it is "legally" binding yet, I will still consider this my wedding day. However, for legal purposes, I should not sign anything yet? I was going to get my marriage license next wednesday but perhaps I should hold off for a bit. I just want to make sure with everyone that it is indeed okay for him to come here for our wedding without his fiance visa? We will wait to sign anything until he officially has his visa. The pastor that is marrying us is a close friend of the family so I am sure he will be fine with signing this later. So in the future, for all legal documents we should put our legal marriage date down? I really wish this wasn't the case.

How long does it normally take for the police certificate to go through? He has no record, and he sent it in several weeks ago.

Did he got the police certificate and sent it to the consulate yet or is he waiting to get the police certificate? It the latest he should call again and see if there is any way for him to get it quicker (even if it means a trip to the city or something else). If he already sent it, then call the consulate and see if they got it.

As for your marriage license, unless he gets his interview on time, I think you should wait to get it. If the pastor is a friend and if it's not an official ceremony (for lack of K1) then you shouldn't need it anyway.

If you have to do an unofficial marriage and a court official one, then yest all papers will have to be signed with the legal one (it will be the one you have a certificate of anyway). The rest is in your heart.

For how long it takes you might want to go to the UK part of the forum...

Edited April 4, 2007 by Cécile

[Jess & Ian 0]

The county that I am getting in only requires one person to be present for the license. I know, this is odd, I thought so too. We also do not need to have blood tests or anything. It's not determined by the state, it varies from county to county.

[msu17 0]

I believe they say 40 days for the police cert in the UK. Assuming that he doesnt get the visa before the wedding date make sure he brings lots of evidence of ties back to the UK. You dont want him denied at entry because they think he's going to stay... But lets think positive and home the cert comes tomorrow and you get the interview in a few weeks! Sending positive vibes your way... that's my + vibe face