Will my symbolic ceremony affect K1 application in any way?

[lovingbravely2991 11]

My partner and i are considering a symbolic ceremony in my country this summer, it has been a long and difficult journey for us as we have had to cancel several trips due to Covid and have not seen each other since July 2019 (she's a single mom raising 3 kids on her own and i do not have a visitor's visa to visit her in the US). We submitted the K1 petition at the end of December 2020 and it was delivered early January, we had the intention to just have a wedding when the visa is approved (which we will still have to do, but maybe with just us and the kids instead of the wedding she really wanted) but life has thrown so much ####### at us in just the past month, 2nd week of January she had a psychotic break and was taken to a mental hospital, she ended up being there for 2 weeks i had to use her last know location on google to find where she was and what was happening as her family did not even notice anything was wrong or tried to help her when i got her to call 911, she kept asking for me and so the doctors thought i was a split personality of hers, no family member went with her and so they just made assumptions and locked her away. More than anything else we just need to make the commitment to each other,  that desire is greater than getting approved, greater than finally being together, though both of these right now would be amazing but the very real fact is that we have a long road ahead of us and so we need to take that step so it can be something we can hold on to until we can be together. Same sex marriages are not legal in my country, hence the decision on just a symbolic ceremony.  *Side note, would her current situation with the psychotic break be sufficient to put in an expedite request?  We can manage taking care of her financially but now that she has been out of the hospital, she is still fragile and could use the help to take care of both her and the children.

[davidvs 337]

Any such ceremony will put you at risk for having the visa denied on grounds of being "too married" for a K1. 

 

I'm not qualified to answer about her mental health and an expedite. 

[TBoneTX 45,238]

56 minutes ago, lovingbravely2991 said:

her current situation with the psychotic break

Perhaps consider thinking deeply about the ramifications of this.

It's unclear how a consular officer would deal with this knowledge.

 

It is clear that "being too married for a K-1 and not married enough for a CR-1" is a risk taken and dilemma that many have faced.  A great many threads on this exact topic, chiefly regarding African approaches, have been posted and discussed.

[JFH 12,190]

An expedite is unlikely to be approved. What you are proposing could be construed as work. And you won’t have work authorization until many months after the marriage ceremony in the US and the filing of the relevant paperwork. 
 

Also, she needs professional help. Whilst your intentions are obviously out of love and compassion, and that is to be applauded, the US has adequate provisions for even the most severe mental health conditions. 
 

Don’t have the ceremony. It will muddy the waters too much as to whether you are married or not. Keep it clean and simple and have no ceremony until the wedding here in the US. 

[lovingbravely2991 11]

3 minutes ago, JFH said:

An expedite is unlikely to be approved. What you are proposing could be construed as work. And you won’t have work authorization until many months after the marriage ceremony in the US and the filing of the relevant paperwork. 
 

Also, she needs professional help. Whilst your intentions are obviously out of love and compassion, and that is to be applauded, the US has adequate provisions for even the most severe mental health conditions. 
 

Don’t have the ceremony. It will muddy the waters too much as to whether you are married or not. Keep it clean and simple and have no ceremony until the wedding here in the US. 

Thank you, she is still getting out patient help.  

6 minutes ago, TBoneTX said:

Perhaps consider thinking deeply about the ramifications of this.

It's unclear how a consular officer would deal with this knowledge.

 

It is clear that "being too married for a K-1 and not married enough for a CR-1" is a risk taken and dilemma that many have faced.  A great many threads on this exact topic, chiefly regarding African approaches, have been posted and discussed.

Thank you 

[Adventine 3,196]

Sorry that your fiancé is going through this and for the strain it's putting on everyone involved, including yourself.

 

I believe there are other ways to show your commitment, apart from a symbolic ceremony that could possibly complicate your fiancé visa application and lead to more heartache later on.

 

It's not a guarantee that your fiancé's condition will justify an expedite, but there is no harm in trying.

[Pinkrlion 2,715]

You can try to expedite, the issue is JA Embassy and when they are interviewing K-1s.

 

FYI - Calling your fiance Wifey will get your K-1 denied.  

Edited February 22, 2021 by Pinkrlion

[Seth1249 12]

https://www.sl-immigration.com/fiance-visas-religious-ceremony-abroad/

[Duke & Marie 1,389]

Side note, I just googled that under Jamaican law couples must be legally married prior to having a symbolic ceremony... and that you must provide proof of marriage prior to the ceremony...

 

so I don’t think you could do this even if you wanted too, irrespective of the possible negative impacts it would have on your k1 application 

 

 

Edited February 22, 2021 by Duke & Marie

[SalishSea 17,791]

Sounds like the best thing would be to do the ceremony, and have her petition you for a CR-1.  Better chance at getting an interview also.

[green_rabbit 69]

12 minutes ago, Jorgedig said:

Sounds like the best thing would be to do the ceremony, and have her petition you for a CR-1.  Better chance at getting an interview also.

But then they would have to find a third country that allows same sex marriage, where they could both visit in order to do the legal marriage for a CR-1.

 

I kind of wonder if a same sex commitment ceremony would hold the same risks in a country without legal same sex marriage, but I wouldn't recommend trying it out to see. 

 

Edited February 22, 2021 by green_rabbit

[SusnOwen 159]

3 hours ago, Duke & Marie said:

Side note, I just googled that under Jamaican law couples must be legally married prior to having a symbolic ceremony... and that you must provide proof of marriage prior to the ceremony...

 

so I don’t think you could do this even if you wanted too, irrespective of the possible negative impacts it would have on your k1 application 

 

 

What you google about Jamaican law and reality are two different things.....  That being said, I would not have a symbolic ceremony if pursuing a K1.

[Boiler 45,434]

She needs to be your sponsor and of course it will be a long time before you will be work authorised.

[clintwestwood 10]

On 2/22/2021 at 11:34 AM, TBoneTX said:

Perhaps consider thinking deeply about the ramifications of this.

It's unclear how a consular officer would deal with this knowledge.

 

It is clear that "being too married for a K-1 and not married enough for a CR-1" is a risk taken and dilemma that many have faced.  A great many threads on this exact topic, chiefly regarding African approaches, have been posted and discussed.

It is a ridiculous shame that federal governments have so much control over how, who and when foreigners marry!

[SteveInBostonI130 3,432]

13 hours ago, clintwestwood said:

It is a ridiculous shame that federal governments have so much control over how, who and when foreigners marry!

US gov have no control over marriage. 

 

Immigration has rules that must be followed.  If trying to immigrate as a fiance, then people must remain unmarried.  Otherwise they will not be "fiance's".  

 

People can decide to marry and when and how they want.  To immigrate, they would then file for a spouse visa after marriage.  

 

The US fed gov has no say or jurisdiction regarding foreign governments that do not permit same sex marriage.

 

The OP has a choice to continue with the K1 or attempt to get a tourist visa to go to the US, get married, return to Jamaica and start over with a CR1.