Đính Hôn/Dam Hoi/Engagement Party Evidence (K-1 Visa)

[ToNhi 21]

I (Vietnamese-American (M)) am currently in the process of submitting my I-129F application to USCIS for my Vietnamese national fiancée (F). 

My fiancée's parents would like to have a religious tea ceremony as soon as possible in Vietnam. Under Vietnamese law, Vietnam does not recognize a wedding as a legal (bona fide) marriage unless there is a valid marriage certificate or document on file with the government. Is USCIS knowledgeable in the laws for a specific country (Vietnam)? If I were to go through with filing a I-129F instead of a I-130, will USCIS be following Vietnamese law, or can they still deny us on their own account for being "too married" regardless if it was bona-fide or not. 

Essentially, if my fiancée and I have a big ceremony for all of her family and friends (and mine as well, as we are both Vietnamese), but do not file for a marriage certificate (non bona-fide marriage), will we still be fine for a K-1 Fiancée Visa? Or will we be denied and would have to petition/start all over.
 

Thank you so much!

[poh 125]

In my opinion Marriage ceremony wouldn't count as a bona fida marriage.  A actually legal Vietnamese marriage certification  would count as bona fida.   I had my marriage ceremony in Vietnam with my wife's family and friends.  We didn't file any paperwork in Vietnam to register our marriage at the local government office.  Once the wife arrived in US after 90 days we files for marriage license and officially got married in the US.  Technically my wife isn't married in the eyes of the Vietnam government since paperwork wasn't filed there.  She could marry another Vietnamese guy I suppose. Lol. 

Don't overthink it. K-1 would be your option if not officially married in Vietnam.  

 

At the k-1 visa interview they may ask you if you got engaged or had a ceremony.  My wife answered that she was engaged and  had a ceremony only.   One requirement for k-1 visa is your Vietnamese wife submit a single status certificate saying she not married.  

Edited November 25, 2023 by poh

[Boiler 45,806]

It is really a question of how risk averse you are, most people will go the marriage route.

[poh 125]

13 minutes ago, Boiler said:

It is really a question of how risk averse you are, most people will go the marriage route.

Ceremony is just a ceremony and unlike in other countries not an actually marriage.  Its more like a party where you meet each member of your relatives and accept gifts then later family and friends gather to introduce the engaged couple and eat, drink and accept gifts and take lots of pictures with each person that came to see you.  

Edited November 25, 2023 by poh

[JaredShadkin 65]

Since you are not filing any government documents (as per your statement above), you are not legally married in the eyes of the United States. 

A ceremony does not equal marriage. 

 

My fiancé and I signed/formed a Civil Partnership / Stable Couple Declaration in Spain. 

As proof of our relationship, I submitted those documents for my I-129F.

The I-129F was approved and our interview is next month. 

Edited November 25, 2023 by JaredShadkin

[Boiler 45,806]

32 minutes ago, poh said:

Ceremony is just a ceremony and unlike in other countries not an actually marriage.  Its more like a party where you meet each member of your relatives and accept gifts then later family and friends gather to introduce the engaged couple and eat, drink and accept gifts and take lots of pictures with each person that came to see you.  

If you re happy to take the risk I am not going to second guess the situation, you seem to know the potential issue.

[IWander 589]

5 hours ago, ToNhi said:

I (Vietnamese-American (M)) am currently in the process of submitting my I-129F application to USCIS for my Vietnamese national fiancée (F). 

My fiancée's parents would like to have a religious tea ceremony as soon as possible in Vietnam. Under Vietnamese law, Vietnam does not recognize a wedding as a legal (bona fide) marriage unless there is a valid marriage certificate or document on file with the government. Is USCIS knowledgeable in the laws for a specific country (Vietnam)? If I were to go through with filing a I-129F instead of a I-130, will USCIS be following Vietnamese law, or can they still deny us on their own account for being "too married" regardless if it was bona-fide or not. 

Essentially, if my fiancée and I have a big ceremony for all of her family and friends (and mine as well, as we are both Vietnamese), but do not file for a marriage certificate (non bona-fide marriage), will we still be fine for a K-1 Fiancée Visa? Or will we be denied and would have to petition/start all over.
 

Thank you so much!

USCIS would not be the problem 

[Cathi 5,775]

You can try to explain it away all you want but if it looks like ANYTHING at ALL like a wedding ceremony, registered or not, you can very well be denied. We have seen it happen many, many times in the past. Too many times to count. It is not a risk I would be willing to take.

Just get married and file an I-130 for a spousal visa. It's far less expensive, spouse gets green card when entering the U.S, so no waiting to work or leave the country and the processing times are virtually the same.

[Cathi 5,775]

4 hours ago, JaredShadkin said:

Since you are not filing any government documents (as per your statement above), you are not legally married in the eyes of the United States. 

A ceremony does not equal marriage. 

 

My fiancé and I signed/formed a Civil Partnership / Stable Couple Declaration in Spain. 

As proof of our relationship, I submitted those documents for my I-129F.

The I-129F was approved and our interview is next month. 

Not true, just do a little research on this site and you will see many who were denied for less. Just because you were approved, does not mean they will be. You just didn't get caught.

[Lemonslice 4,926]

If you are meeting again, why not get married in Vietnam and take the spousal visa pathway?

 

Other members with experience in Vietnam might be able to advise you better.

[Crazy Cat 41,987]

***Hijack comment split to new topic***

[Crazy Cat 41,987]

20 hours ago, poh said:

Ceremony is just a ceremony and unlike in other countries not an actually marriage. 

VJ history says otherwise.  There are many cases which were denied due to ceremonies conducted prior to the K-1 interview.

[Crazy Cat 41,987]

21 hours ago, JaredShadkin said:

Since you are not filing any government documents (as per your statement above), you are not legally married in the eyes of the United States. 

A ceremony does not equal marriage. 

 

My fiancé and I signed/formed a Civil Partnership / Stable Couple Declaration in Spain. 

As proof of our relationship, I submitted those documents for my I-129F.

The I-129F was approved and our interview is next month. 

Good luck.  Too married for a K-1, but not married enough for a spousal visa is a real thing......  USCIS is not the approval authority for visas.  The Consulate is.

Edited November 25, 2023 by Crazy Cat

[Crazy Cat 41,987]

On 11/24/2023 at 4:11 PM, ToNhi said:

My fiancée's parents would like to have a religious tea ceremony as soon as possible in Vietnam.

I suggest you wait & return for the ceremony after the marriage in the US.  

[JaredShadkin 65]

4 hours ago, Crazy Cat said:

Good luck.  Too married for a K-1, but not married enough for a spousal visa is a real thing......  USCIS is not the approval authority for visas.  The Consulate is.

It's a good thing we are not legally married, which is the requirement for CR/IR1. 

A Pareja de Hecho (otherwise known as a Domestic Partnership - roughly translated), is not recognized by the United States as a marriage, and only binding within Spain. 

 

Attaching more info for others who may see this in the future and are based in Spain:

https://www.abogadoextranjeriamadrid.net/en/what-is-pareja-hecho-spain/