Ceremony/Reception while K1 Visa is Pending

[TearsOfBabylon 1,680]

1 hour ago, 212GUY said:

It all depends on what country your Fiance is applying from. Canada would be faster as opposed to European Nations/Asia.  

Sorry, but incorrect.

When I filed there were a lot of Canadians in my group. I thought the same as you, but many of us Europeans, and also people from South America got their Visa before them.

[RB&MN 3]

I have another scenario for you guys a friend is going through and would like to know the end outcome.

 

I have a friend who's fiancé moved here from Europe with the intentions of staying in the US. They went ahead and gotten married through city hall. What are his options? Does he need to go back to his home country?

 

They's hired a lawyer and his paperwork is underway. He is in the process of doing his medial examination. So I guess they filled out a I130 (?) last January and they are in the process of getting an interview with the consulate.

 

RB&MN

 

 

[Hattivatti 35]

46 minutes ago, RB&MN said:

I have another scenario for you guys a friend is going through and would like to know the end outcome.

 

I have a friend who's fiancé moved here from Europe with the intentions of staying in the US. They went ahead and gotten married through city hall. What are his options? Does he need to go back to his home country?

 

They's hired a lawyer and his paperwork is underway. He is in the process of doing his medial examination. So I guess they filled out a I130 (?) last January and they are in the process of getting an interview with the consulate.

 

RB&MN

 

 

It depends on what visa he entered the country with. Most likely he'll have to go back to his home country to wait for the process. If he came in with tourist visa with intent to marry and stay, it's a visa fraud and lifetime ban from US.

[geowrian 22,338]

2 hours ago, 212GUY said:

It all depends on what country your Fiance is applying from. Canada would be faster as opposed to European Nations/Asia.  

USCIS and NVC processing times are the same regardless of country. Montreal processing time is not unusually quick either.

 

15 minutes ago, RB&MN said:

I have a friend who's fiancé moved here from Europe with the intentions of staying in the US. They went ahead and gotten married through city hall. What are his options? Does he need to go back to his home country?

 

They's hired a lawyer and his paperwork is underway. He is in the process of doing his medial examination. So I guess they filled out a I130 (?) last January and they are in the process of getting an interview with the consulate.

If he came to the US with the intention of staying in the US and used an ESTA or tourist visa, then yes, he must leave. It's fraud to enter on an ESTA or tourist visa with intention to stay / file for AOS.

If he came without intention to stay but later decided to stay because circumstances changed, then filing for AOS (and not leaving) is a valid option.

If he is going through consular processing, then he would be interviewing abroad (there's no US consulates or embassies within the US...).

[DeepakChani 738]

Folks correct me if I am wrong here but another option is:

1) Withdraw K-1 Now

2) Either go to Canada and get court married there or have beneficiary come to the US and get court married here (beneficiary leaves US after court marriage)

3) File for CR1

4) Hold religious ceremony in September in the US as originally planned 

 

This way, not only will be CR1 be processing, you will still be able to have the relgious ceremony in September in the US (given beneficiary is able to come as a visitor without problems). After the religious ceremony, beneficiary returns back to Canada to wait out the remaining processing time of the CR1. 

Does this seem like a valid option?

 

Edited April 12, 2018 by DeepakChani

[DeepakChani 738]

8 hours ago, Hbomb said:

Hey! I am a Canadian fiancee of an American petitioner. When I filed back in August/17 I thought 9 months would be plenty of time to get the VISA but I was dead wrong. I ended up moving the (already tentative) wedding date three times and began to accept the grim reality that the process was going to lag on rather badly this year. We ended up booking our wedding 12 months after our filing time and we're pretty sure that will give some room. 

In my opinion, I think 8 months would be cutting it too close. 

Are you waiting for P3 now? 

[javadown2 308]

14 hours ago, RB&MN said:

We want to get married september 2nd. Have the date set and all. I have received my NOA1 on 1/24/2018. Finance is from Canada. You all think this visa will come in before Sept 2nd?

 

If no, what's plan B?

 

R+M

These types of questions are really common, and everyone will tell you....DON"T plan your wedding date until you receive the visa in hand. What do you mean by plan B? Only plan should be wait and plan after you receive the visa. Don't do a "ceremony" ahead of time. Just wait it out, why rush it?

[Hbomb 22]

31 minutes ago, DeepakChani said:

Are you waiting for P3 now? 

yep still waiting to hear back... i took initiative and sent them packet 3 (three times!) yet its been over three weeks since I've heard anything from them at all. 

[javadown2 308]

8 minutes ago, Hbomb said:

yep still waiting to hear back... i took initiative and sent them packet 3 (three times!) yet its been over three weeks since I've heard anything from them at all. 

And can you fill out your timeline so people have an idea what is going on with your requests. 

Edited April 12, 2018 by javadown2
miss read something

[goodyblmp 2]

This situation happened to with me and my husband. We had everything set in stone before applying for the K1 visa, but TSC ended up having a huge backlog at the time that didn’t line up. 

 

We ending up having two “weddings”. The  first “wedding” day was the one we planned extensively. Our pastor agreed to do a betrothal service which is committing yourselves to each other (not a marriage). Knowing our predicament, he wrote a nice long letter explaining that we weren’t actually married in the event we were questioned about it. 

 

My now-husband stayed for a couple weeks after and then went home to wait out the visa process. The packet he received at the time his interview was scheduled did have remarks about us possibly being married but that letter came in handy. Once he came into the US we had our official wedding with the same pastor and close family and friends. 

 

Sorry for the long winded response - hope it helps! Looking back I probably would have tried to reschedule the wedding and waited out for the K1 to come through. Lord knows this process is stressful enough! 

[RB&MN 3]

50 minutes ago, goodyblmp said:

This situation happened to with me and my husband. We had everything set in stone before applying for the K1 visa, but TSC ended up having a huge backlog at the time that didn’t line up. 

 

We ending up having two “weddings”. The  first “wedding” day was the one we planned extensively. Our pastor agreed to do a betrothal service which is committing yourselves to each other (not a marriage). Knowing our predicament, he wrote a nice long letter explaining that we weren’t actually married in the event we were questioned about it. 

 

My now-husband stayed for a couple weeks after and then went home to wait out the visa process. The packet he received at the time his interview was scheduled did have remarks about us possibly being married but that letter came in handy. Once he came into the US we had our official wedding with the same pastor and close family and friends. 

 

Sorry for the long winded response - hope it helps! Looking back I probably would have tried to reschedule the wedding and waited out for the K1 to come through. Lord knows this process is stressful enough! 

I was told by a lawyer today that there is nothing preventing me from having a religious ceremony and party afterwards. As long as i don't go out and try to get a wedding marriage certificate and try to be legally married. He did mention that I don't need to advertise the whole thing. So I don't know what to do but my gut tells me to stick with the K1.

 

Thanks,

 

Rabel

[geowrian 22,338]

The lawyer isn't technically wrong (so long as a religious ceremony isn't also a legal one in the area where it is performed)...but at the same time, it has been a reason to refuse a K-1 visa for numerous others. So it is a bit of careless advice on his part IMO.

[Kyle&Ana 718]

well, i have one closer experience, my friends that were through K1, made a big wedding after visa approval(in hands), because a lot of fiance's relatives wouldn't be able to travel to USA for the wedding. So they made a Symbolical wedding and pictures and bla bla and tell everybody  or guests dont upload pictures in their social network's  profile until XX date...

 

I was thinking do the same but after all the horror histories i have read here, about if a POE find your wedding's pictures, check your phone or all possible things that could happen after this long journey...In my case i would prefer have a courthouse wedding in USA and  after AOS 3-4 months with the AP travel to my home country and make the big wedding, would be just a few more months! And i dont have to be afraid about if they discover it... make the CR1 path (after have been through K1 path) means a lot of time away of my baby love.... 

 

The decision is up to u.!! for now.. 

 

 

[RB&MN 3]

On 4/12/2018 at 5:25 PM, goodyblmp said:

This situation happened to with me and my husband. We had everything set in stone before applying for the K1 visa, but TSC ended up having a huge backlog at the time that didn’t line up. 

 

We ending up having two “weddings”. The  first “wedding” day was the one we planned extensively. Our pastor agreed to do a betrothal service which is committing yourselves to each other (not a marriage). Knowing our predicament, he wrote a nice long letter explaining that we weren’t actually married in the event we were questioned about it. 

 

My now-husband stayed for a couple weeks after and then went home to wait out the visa process. The packet he received at the time his interview was scheduled did have remarks about us possibly being married but that letter came in handy. Once he came into the US we had our official wedding with the same pastor and close family and friends. 

 

Sorry for the long winded response - hope it helps! Looking back I probably would have tried to reschedule the wedding and waited out for the K1 to come through. Lord knows this process is stressful enough! 

To be honest, I think this is a very feasible route. It's not ideal, but we can't delay our plans. It's hard planning a wedding around a timeline that isn't very consistent. Wedding, banquets, travel, etc cost a lot. And planning a head of time is the only way to reduce costs. Doing a betrothal service is probably the best way to go about it. I will have to inquire about that.

 

 

[goodyblmp 2]

4 hours ago, RB&MN said:

To be honest, I think this is a very feasible route. It's not ideal, but we can't delay our plans. It's hard planning a wedding around a timeline that isn't very consistent. Wedding, banquets, travel, etc cost a lot. And planning a head of time is the only way to reduce costs. Doing a betrothal service is probably the best way to go about it. I will have to inquire about that.

 

 

I know what you mean. It isn’t a legal marriage in anyway so you should be okay.  (We were.) You or your fiancée will just need to be prepared to prove that you aren’t legally married and any questions that may follow throughout the remainder of the K1 process.