K1 visa approved, can we have celebration outside the US?

[AndranikB 4]

So my K1 was approved, got my RDJ number & my fiancee is currently looking at dates to schedule her interview, which will likely be in February. This is in line with our timeline, as we expected her to come to the US in about mid-late March. One thing we were planning on doing is having a celebration in her home city in Brazil in mid March - which would NOT BE A LEGAL WEDDING. It would have the semblances - nice attire, food, dancing, things said with the 2 of us in front of people. But there will be no religious or legal document aspect of it. It is mainly so she can say goodbye to her family as it is difficult for them to travel, and so my family can meet hers - considering it will probably be a while until she can visit home again. Is this ok to do? Basically the plan looks like she would physically get the visa - then we would have the marriage celebration / goodbye party in her city, come to the US, then legally get married.

[HP+IC 292]

Why not throw just a farewell party? One auckward post on Facebook/Instagram/whatever with wrong photo/wording and your fiancee will hardly sleep.

[payxibka 10,045]

I am sure hundreds have done exactly as you have planned.   Over the years, it has come back to bite a few.  

[JayMar2019 2,741]

21 minutes ago, AndranikB said:

So my K1 was approved, got my RDJ number & my fiancee is currently looking at dates to schedule her interview, which will likely be in February. This is in line with our timeline, as we expected her to come to the US in about mid-late March. One thing we were planning on doing is having a celebration in her home city in Brazil in mid March - which would NOT BE A LEGAL WEDDING. It would have the semblances - nice attire, food, dancing, things said with the 2 of us in front of people. But there will be no religious or legal document aspect of it. It is mainly so she can say goodbye to her family as it is difficult for them to travel, and so my family can meet hers - considering it will probably be a while until she can visit home again. Is this ok to do? Basically the plan looks like she would physically get the visa - then we would have the marriage celebration / goodbye party in her city, come to the US, then legally get married.

The fact that you're asking this question would lead me to believe you understand the ramifications of this looking like a wedding or being "too married" when applying for a K1. There are countless posts of other people who have done the same thing, thinking that it isn't legal and therefore you are not married. What these couples seem to forget is that the embassy is fully knowledgeable about all custom traditions and celebratory rituals which are and can be deemed as married whether it is legal (i.e., upheld in a court of law) or not. Personally, if you have a "goodbye, farewell" thing, just have a farewell party/gathering AFTER you get approved with visa in hand. Someone standing in front of you "saying things" would appear to the CO (or anybody for that matter) as a wedding or two people being joined in a civil union and the CO is not gonna waste time trying to decide if what is being performed is legal or not.

 

You applied for the K1 visa - follow the K1 visa rules or deal with the consequences of a denial which others have also received just because you wanted to have a "celebration with similar semblances" of a wedding.

Edited November 15, 2018 by Trinab80

[Jenny17655 284]

3 minutes ago, Trinab80 said:

The fact that you're asking this question would lead me to believe you understand the ramifications of this looking like a wedding or being "too married" when applying for a K1. There are countless posts of other people who have done the same thing, thinking that it isn't legal and therefore you are not married. What these couples seem to forget is that the embassy is fully knowledgeable about all custom traditions and celebratory rituals which are and can be deemed as married whether it is legal (i.e., upheld in a court of law) or not. Personally, if you have a "goodbye, farewell" thing, just have a farewell party/gathering AFTER you get approved with visa in hand. Someone standing in front of you "saying things" would appear to the CO (or anybody for that matter) as a wedding or two people being joined in a civil union and the CO is not gonna waste time trying to decide if what is being performed is legal or not.

 

You applied for the K1 visa - follow the K1 visa rules or deal with the consequences of a denial which others have also received just because you wanted to have a "celebration with similar semblances" of a wedding.

for real.  Sounds like he well knows

[p-ana 933]

Best route would be saving the money from this party for a ceremony/ celebration after she files for Aos and gets her AP or GC.

 

Anything done before getting the k1 visa, after getting it but before getting married in the US  is risky. 

Edited November 15, 2018 by p-ana

[Unlockable 7,314]

Go to advanced search up top and type in the words "denied because of ceremony" or "denied for engagement party" of something like that. You will find people who said the same thing... " "It was NOT A LEGAL WEDDING". 

 

What people don't understand is that it doesn't have to be a legal wedding. The immigration office only has to think it is a wedding. And if it looks like one, that is all s/he needs.

 

So the point is, why even risk it? Just have a going away party. If it is that important for you to dress up and have a mock wedding to please her family, cancel the K1, marry for real, and file a spousal visa.

[AndranikB 4]

3 minutes ago, Trinab80 said:

The fact that you're asking this question would lead me to believe you understand the ramifications of this looking like a wedding or being "too married" when applying for a K1. There are countless posts of other people who have done the same thing, thinking that it isn't legal and therefore you are not married. What these couples seem to forget is that the embassy is fully knowledgeable about all custom traditions and celebratory rituals which are and can be deemed as married whether it is legal (i.e., upheld in a court of law) or not. Personally, if you have a "goodbye, farewell" thing, just have a farewell party/gathering AFTER you get approved with visa in hand. Someone standing in front of you "saying things" would appear to the CO (or anybody for that matter) as a wedding or two people being joined in a civil union and the CO is not gonna waste time trying to decide if what is being performed is legal or not.

 

You applied for the K1 visa - follow the K1 visa rules or deal with the consequences of a denial which others have also received just because you wanted to have a "celebration with similar semblances" of a wedding.

 

Yes we are probably going to have it geared toward the "farewell" thing - I'm only curious because all of this will be AFTER getting issued the visa. We won't do anything before getting it.

 

[Unlockable 7,314]

1 minute ago, AndranikB said:

 

Yes we are probably going to have it geared toward the "farewell" thing - I'm only curious because all of this will be AFTER getting issued the visa. We won't do anything before getting it.

 

Understood.

 

But the visa is not the end of your immigration journey. She can get denied at the point of entry. Also you still have AOS and ROC. All of these things makes an immigrant vulnerable of USCIS digging into their past.

[JayMar2019 2,741]

5 minutes ago, AndranikB said:

 

Yes we are probably going to have it geared toward the "farewell" thing - I'm only curious because all of this will be AFTER getting issued the visa. We won't do anything before getting it.

 

But you are missing the point of appearing to be "married". Having someone standing in front of you two saying whatever reflects a private marriage ceremony. More importantly, the other requirement is that you have to be married ON US SOIL as part of the K1 process. So why run the risk of doing something you know can come back to bite you later? You've been waiting all this time and paid all this money just to do something that is against the K1 requirement????

 

Keep in mind that you still have to go through AOS which requires an interview as well. So even if you are able to get approved at the embassy, doesn't mean the IO during the AOS will approve the GC and could then think you two lied and use the K1 as just a way to get here faster.

 

Ultimately you do what you feel as best but this doesn't have the sound of a happily ever after doing it the way you want to do it.

Edited November 15, 2018 by Trinab80

[Boiler 45,581]

A stag or hen do would be OK. This sounds something else.

[Daniela M_______ 410]

1 hour ago, AndranikB said:

I'm only curious because all of this will be AFTER getting issued the visa. We won't do anything before getting it.

It can get back on you even at POE, so not a good idea. 

[AndranikB 4]

1 hour ago, NuestraUnion said:

Understood.

 

But the visa is not the end of your immigration journey. She can get denied at the point of entry. Also you still have AOS and ROC. All of these things makes an immigrant vulnerable of USCIS digging into their past.

Gotcha. Thank you I do appreciate the feedback - we will revisit what we aim to do!

[AndranikB 4]

1 hour ago, Trinab80 said:

But you are missing the point of appearing to be "married". Having someone standing in front of you two saying whatever reflects a private marriage ceremony. More importantly, the other requirement is that you have to be married ON US SOIL as part of the K1 process. So why run the risk of doing something you know can come back to bite you later? You've been waiting all this time and paid all this money just to do something that is against the K1 requirement????

 

Keep in mind that you still have to go through AOS which requires an interview as well. So even if you are able to get approved at the embassy, doesn't mean the IO during the AOS will approve the GC and could then think you two lied and use the K1 as just a way to get here faster.

 

Ultimately you do what you feel as best but this doesn't have the sound of a happily ever after doing it the way you want to do it.

Understood. Thank you I do appreciate the feedback - we will revisit what we aim to do! Apologies if I sounded standoffish, it can all be very stressful as I'm sure you know haha

[Carpe Vinum 2,327]

16 hours ago, Boiler said:

A stag or hen do would be OK. This sounds something else.

You may need to translate that)))))