Time is running out... Need advice

[Trevandglo 2]

Thank you for that. I think we will consult a lawyer. I am still not understanding why it would be an issue if it is not legally binding? 

[Trevandglo 2]

The wedding would be in Florida. So it is still legally binding even if we don’t have a marriage licence? 

[geowrian 22,337]

8 minutes ago, Trevandglo said:

Thank you for that. I think we will consult a lawyer. I am still not understanding why it would be an issue if it is not legally binding? 

The CO must 1) be certain you are not actually married, and 2) believe you will marry within 90 days of entry into the US. It is not their requirement to determine if said ceremony was actually a legal marriage or not...it's yours to show that you are free to marry.

Either way, I suggest doing that search on VJ and seeing for yourself people who have been denied due to this.

 

3 minutes ago, Trevandglo said:

The wedding would be in Florida. So it is still legally binding even if we don’t have a marriage licence? 

In the US, no it would not be a legal marriage without a marriage license first. That said, I would not rely on the CO to check the marriage license records for that county to verify that you didn't request a license and/or register the marriage afterwards.

Edited January 12, 2018 by geowrian

[John & Rose 7,239]

There have been denials here because the CO thought that some pictures in the relationship proof appeared to be a wedding ceremony.  I know there are RFEs when the engagement ceremony pictures are used.  Better to be safe.  If you do it, do not use pictures from the non-binding ceremony in your proof.  He only needs to perceive you are already married to deny you.  

 

There have been issues where the texts refer to husband and wife.  I am guilty of calling Rose "asawa ko" which means "my spouse".  If that is seen by a CO, he can legitimately deny us because we put a reasonable doubt in his head about our marriage status.

[Jabberwocky1969 127]

I have the same exact timeline. We literally refuse to talk of any marriage arrangements and just stay busy with our day to day lives. All the CO is going to hear is, "I want to go to the USA so I can get married." The June and July boards have all the info. Both of our cases are "in the firing line" and the USCIS has sometime been moving faster on paper and in reality than the IT guys update the system.

 

The NVC system delays .. is the new fly in the ointment ... this is Homeland Security (USCIS) vs the State Department who considers themselves a separate gov't and blows off Congress and the President.

[Jabberwocky1969 127]

2 minutes ago, John & Rose said:

 

 

There have been issues where the texts refer to husband and wife.  I am guilty of calling Rose "asawa ko" which means "my spouse".  If that is seen by a CO, he can legitimately deny us because we put a reasonable doubt in his head about our marriage status.

Gotta warn my girl about that ... maybe less of a cultural issue in China vs Philippines .. pressure to get a religious marriage ceremony ... China isn't really a religious place for the most part and everybody is conditioned to just follow the rules. 

[Jabberwocky1969 127]

28 minutes ago, Trevandglo said:

Thank you for that. I think we will consult a lawyer. I am still not understanding why it would be an issue if it is not legally binding? 

What is the problem with the UK ? you guys get 30 day tourist visas like nothing ..... tourist travel to the USA is impossible from most countries.

[John & Rose 7,239]

5 minutes ago, Jabberwocky1969 said:

What is the problem with the UK ? you guys get 30 day tourist visas like nothing ..... tourist travel to the USA is impossible from most countries.

TRUE.  It is almost impossible from the Philippines.  People here have to prove they have a reason to come back but OFWs are the #1 export so that is impossible to prove need to return.  Having family and business in the Philippines is no proof that you will return.  Tourist visas from there are incredibly rare.

[Diego&Dianna 180]

NVC seems to be very backlogged. Our case took about another 4 months after receiving the NOA2. I would recommend looking into postponing the wedding as others have said. Good luck!

[John & Rose 7,239]

1 hour ago, Jabberwocky1969 said:

I have the same exact timeline. We literally refuse to talk of any marriage arrangements and just stay busy with our day to day lives. All the CO is going to hear is, "I want to go to the USA so I can get married." The June and July boards have all the info. Both of our cases are "in the firing line" and the USCIS has sometime been moving faster on paper and in reality than the IT guys update the system.

 

The NVC system delays .. is the new fly in the ointment ... this is Homeland Security (USCIS) vs the State Department who considers themselves a separate gov't and blows off Congress and the President.

Keep in mind, ALL the delays are USCIS.  NVC is rocking and rolling.  It is USCIS that holds the approved files for up to 8 weeks before sending them to NVC.  I know it makes no real difference to us but NVC deserves some credit.  They are doing their job as quickly as ever.

Edited January 12, 2018 by John & Rose

[Zzyzx 106]

3 hours ago, Trevandglo said:

Thank you everyone. Unfortunately we are in quite a pickle as several people from overseas have booked to come to our wedding. So it’s not just our money on the line.

 

Does anyone One know if it would be an issue if I flew over on a visit and we did the ceremony but not the legal marriage. Could this cause any legal issues? If it was just a ceremony and we do not sign a marriage licence? My fiancé is worried this could look bad to the embassy...

Better to let everyone know now that the wedding is a no go until further notice.  That way at least your friends and family has a chance to get some money back.  If you have a crazy aunt that insists on coming, tell her you will all go to Walt Disney World or Universal studios in lieu of a fake ceremony.  

[usmsbow 801]

2 hours ago, Trevandglo said:

Thank you for that. I think we will consult a lawyer. I am still not understanding why it would be an issue if it is not legally binding? 

I don't think you need to consult a lawyer. Go ahead with your plans, just don't get legally married. I don't think that's too difficult to do here in the States. It shouldn't be an issue, as you say. Just don't bring pictures of the ceremony or mention it in your K-1 interview. 

 

A lot of VJ posters are very cautious about this process. Some of us less so. 

[usmsbow 801]

2 hours ago, Jabberwocky1969 said:

 

 

The NVC system delays .. is the new fly in the ointment ... this is Homeland Security (USCIS) vs the State Department who considers themselves a separate gov't and blows off Congress and the President.

 

This is off-topic, but what the heck are you talking about? And as John said, NVC isn't the problem, it is USCIS. 

[Illiria 980]

3 hours ago, Trevandglo said:

Thank you everyone. Unfortunately we are in quite a pickle as several people from overseas have booked to come to our wedding. So it’s not just our money on the line.

 

Does anyone One know if it would be an issue if I flew over on a visit and we did the ceremony but not the legal marriage. Could this cause any legal issues? If it was just a ceremony and we do not sign a marriage licence? My fiancé is worried this could look bad to the embassy...

Don’t do this, I got grilled at my adjustment of status interview as they saw a photo of us at someone else’s wedding and then thought we were married before the k1. Had to offer her the marriage cert where my husband was listed as witness before she would drop it. 

[caliliving 606]

4 hours ago, Trevandglo said:

Thank you everyone. Unfortunately we are in quite a pickle as several people from overseas have booked to come to our wedding. So it’s not just our money on the line.

 

Does anyone One know if it would be an issue if I flew over on a visit and we did the ceremony but not the legal marriage. Could this cause any legal issues? If it was just a ceremony and we do not sign a marriage licence? My fiancé is worried this could look bad to the embassy...

Why would you plan a wedding when you applied for a k1? Assuming you have a tourist visa you should have planned a wedding and then went home and filed for cr1.

As it stands now your BEST scenario to not lose the wedding and disrupt your guests is to go get married and then go home and file for your cr1 and wait about a year.