K-1 Visa / DS-160

[lromero 0]

Hello all,

 

I have filed Form I-129F, Petition for Alien Fiance(e) – K-1 Visa with USCIS on my own.  My fiancé is a foreign citizen of Colombia.   A letter was received from NVC 01/2024 stating the application was approved and was being forwarded to the US Embassy or Consulate in Bogota.  We were notified 02/20/2024 from the US Embassy in Bogota they received our case from NVC.

 

Our next steps is to conduct her medical exam, pay medical / K-1 visa fees, and make an interview appointment date/time.  On the day of her interview form DS-160 taken to the interview.

 

It is my understanding that there is a separation between Church (religion) and State in the US.  We had a religious (Catholic) marriage ceremony on 01/2024 with friends and family in Colombia 01/2024.  Her family doesn’t have a visa to travel to the US.

 

 https://co.usembassy.gov/marriage-in-colombia/

"After a religious wedding, the marriage must registered at a norary's office.  For further details about religious weddings in Colombia, you or your fiancé should contact the religious organization that will perform the ceremony.”  

 

We can register the religious wedding (wedding certificate) with a notary who will register the marriage civilly and enter / report to Colombia’s government systems to recognize us as husband and wife.  We have not done this as we don’t intend for the wedding to be civilly recognized in Colombia.  We want to get married in the United States civilly.

 

On the DS-160 form it asks us the question if we are married – Y/N.   I say “No” we aren’t civilly married because our marriage hasn’t been civilly registered by the Colombian government.  We are only married by the Catholic Church. Religious marriages aren't recognized in the US and Colombia requires the couple to register the religious wedding with a notary to make it legal civilly.   My fiancé says we should put “Yes”.  She lives in Colombia and I live in California.

 

I would love to hear your feedback and reasoning answering the DS-160 question "Are you married?"   if we should put a Yes or No to answer the question.  Thanks your replies.  🙂

 

 

 

 

[Crazy Cat 41,722]

1 hour ago, lromero said:

We had a religious (Catholic) marriage ceremony on 01/2024 with friends and family in Colombia 01/2024.

Did you read this in your link?

"As in the United States, marriages in Colombia can be contracted in a civil or religious ceremony. "

I wish you had come to VJ before getting married in Colombia.  We would have advised you to avoid any kind of ceremony which could be seen as a marriage.  We would have advised you to wait until after the US wedding for any kind of ceremony in Colombia.   I think you may no longer be qualified for a K-1.  You might be facing a denial at the K-1 interview. 

 

A "yes" answer will get a swift denial from the Consulate Officer, imo.  A "no" answer, in your situation, could also mean a denial if the Consulate Officer thinks you are too married for a K-1 based on having done the Catholic ceremony.  

 

Other members might feel differently.

Edited February 21 by Crazy Cat

[Boiler 45,411]

Complete the process and file the I 130.

[SalishSea 17,772]

You’re not eligible for the K-1.   That marriage voided it, unfortunately.   You can petition her for a spousal visa.

 

PS:   “Separation of church and state” doesn’t mean what you think it means.

Edited February 21 by SalishSea

[lromero 0]

Thanks for everybody's inputs.  We had a religious wedding ceremony in Colombia.  The religious marriage isn't considered legal in the eyes of Colombia until we visit a notary in Colombia where they would register the marriage civilly and be in Colombia's government system.  A notary isn't they same type of notary here in the US where they verify/sign docs.  They are able to perform legal marriages in Colombia.   We are not registering the religious wedding with a notary. 

 

https://co.usembassy.gov/marriage-in-colombia/

“After a religious wedding, the marriage must be registered at a notary’s office. For further details about religious weddings in Colombia, you or your fiancé should contact the religious organization that will perform the ceremony.”

 

@Crazy Cat. Yes I did read that. ""As in the United States, marriages in Colombia can be contracted in a civil or religious ceremony. ""  Religious ceremonies are valid if they are registered or contracted with the notary (Colombian Government).  The couple would have to personally go in to see a notary to have this done.  My spouse advised we have 90 days from the date of marriage to register it with a Notary for it to become legally civil.

 

 

[Boiler 45,411]

Register it and file an I 130

[Crazy Cat 41,722]

20 minutes ago, lromero said:

Thanks for everybody's inputs.  We had a religious wedding ceremony in Colombia.  The religious marriage isn't considered legal in the eyes of Colombia until we visit a notary in Colombia where they would register the marriage civilly and be in Colombia's government system.  A notary isn't they same type of notary here in the US where they verify/sign docs.  They are able to perform legal marriages in Colombia.   We are not registering the religious wedding with a notary. 

 

https://co.usembassy.gov/marriage-in-colombia/

“After a religious wedding, the marriage must be registered at a notary’s office. For further details about religious weddings in Colombia, you or your fiancé should contact the religious organization that will perform the ceremony.”

 

@Crazy Cat. Yes I did read that. ""As in the United States, marriages in Colombia can be contracted in a civil or religious ceremony. ""  Religious ceremonies are valid if they are registered or contracted with the notary (Colombian Government).  The couple would have to personally go in to see a notary to have this done.  My spouse advised we have 90 days from the date of marriage to register it with a Notary for it to become legally civil.

 

 

Be aware that even some traditional (not civil) marriages have been denied at the interview level in some consulates.  Please keep us updated as your experience will be valuable to others in this situation. 

[J.M. 227]

Did you get a marriage license and go through all the steps required of a foreigner for it to be a legal wedding?  If not, I would say no, you are not legally married.  It's not completely clear if you would even be allowed to register it if you tried, without having completed the pre-marriage steps required for a foreigner.  As for the DS-160, if you indicate married, you will not be eligible to use the K-1 route, so that will result in a denial.  If you say no, then any pictures, documents, or even a casual mention of the ceremony needs to stay out of the interview.

[carmel34 3,615]

Many K-1 applicants have been denied a visa for much less.  Sometimes an "engagement ceremony" in the beneficiary's home country, prior to entering the US on an approved K-1, has caused a refusal by CBP officers to enter the US.  Don't take a chance, register the marriage in Columbia and start over with a CR-1.  If you lie about the relationship's true nature in the interview, and the K-1 is approved, it could cause big problems later in the immigration/naturalization process for misrepresentation.

[Lee Thacket 29]

In terms of Roman Catholic theology and canon law you ARE married so I don't think. In the eyes of the church what you had was not merely a religious ceremony it WAS a marriage. If you claim not to be married on the DS-160 that would be wrong. 

[Boiler 45,411]

That is true on the UK but I have noticed that a lot of RC Countries have a 2 stage process

 

You can of course be too married for a K1 but not enough for a CR1

[Lee Thacket 29]

1 hour ago, Boiler said:

That is true on the UK but I have noticed that a lot of RC Countries have a 2 stage process

 

You can of course be too married for a K1 but not enough for a CR1

 

It would be interesting to know what the attitude of the Colombian government and the Roman Catholic Church is to couples who do not bother to register religious marriages.

 

Hopefully, they will take the advice you gave them earlier this week.

[Boiler 45,411]

Sort of similar to Muslims marrying in the UK

[Lee Thacket 29]

15 hours ago, Boiler said:

Sort of similar to Muslims marrying in the UK

 

Not a good idea unless one of the partners is very wealthy!

[MeMyself&1 3]

You can't file for a k1 visa (finance visa) and be married. Unfortunately you will have to go back and file for a marriage application (CR-1) . The process starts all over again.