Hello,

This is a nice helpful site, a very good idea indeed. Glad I found it. Well my question is with the K3 visa at what point is it legal here to change my status to married? I've heard it both ways that the US government recognizes my marriage in Peru and also the opposite that I need to wait for the Visa to be approved so my wife can come here. And then when she is here we can marry again and then it is legal. I was hoping you experienced people wouldn't mind educating me.

We got married in Peru August 6th and I am back in the US until December. Just waiting on a few things then I can send out the initial I-130 petition, so still a lifetime away from the documents finishing. But I'm sure surviving this wait makes the relationship so much stronger in the long run.

Thank you so much for taking the time to help.

~Nicholas & Claudia

If you got married, even in Peru, then you are married everywhere. Do you have some documentation that shows you were married? Get it translated as you will need it later.

Thanks, yes I have it translated officially and have copies. But besides the petitions and visa for my wife. Do I need to do something else in the US to say hey I'm married I'm changing my status officially now? Because I would like to put her on my medical insurance because my medical insurance works in Peru as well currently I believe. Or should I just go for it and change all my license and tax info and everything now?

If you have the Marriage Certificate.... you are married.... I changed my auto insurance policy and got a 15 % discount! I also changed my life and health insurance policies. I now list maried on any application I file (by not doing so you will be commiting a crime)

Married is married. Think it through. Do you think all married people who travel internationally or live abroad for part of their lives need to marry again in each country in which they live? You would have chaos.

If you are legally married in Peru, you are legally married period.

thats pretty true...but what might be confusing to you is that a lot of couples will have a church- or family-centered ceromony, but choose not to register it with the local government, intending to marry "for real" when they get here. This lets them feel and behave married, but continue their k-1 process(it wouldn't help a k-3 at all) . It works for some, backfires on some, but a lot of people do it. I think the general rule is the the us recognises foriegn marriages when the foreign gov recognises them, so if you were married by someone authorized to marry you, and it is documented with the local gov however they document the other local marriages, then you should be all set.

If the couple is legally married in one country, then they are legally married in the eyes of the US (or any other) government for the purposes of immigration and anything else they can throw at you.

However, in some countries in Europe for instance, a church wedding performed by a priest is not legally binding, it is a spiritual ceremony only. A couple in these countries who wish to have a church wedding must also get married by a legal entity such as a judge or magistrate or whomever is licensed in that particular country to perform legally binding marriages.

If, in the state where you reside, it is legally required for you to notify the DMV, and state tax office or anything else that you are now married, then go ahead and do it. As far as medical insurance goes, speak with the plan administrator (if it is through work, this is usually the HR manager), there's usually just a simple form to fill out to change your plan from single to family insurance. And your monthly premiums will go up most likely, depending on your plan. Same with car insurance, call your insurance provider to let them know you're married.

Its really fairly simple and painless.

Those people are "not married" Not married is not married. I've said before. Those who don't know the difference would be foolish to handle immigration petitions on their own.

i think that you are being a little harsh.... it some coutries, religious ceremonies are perfectly valid for all effects... in those cases, there would have to be some sort of officialisation it the USA, wouldn't there?

No. A marriage that is "valid for all effects" in any country is valid in the US.

yes, you would think it should be that simple....but it not always so. In some countries, (pretty possibly the one the op is dealing with) an officially un-recorded marriage ceromony is completly binding. You'd think that means they are married here too, but without gov't issued docs, you can't always successfully satisfy that immediate relative requirement. Are the op's docs gov't issued? I don't know. Probably, he seems smart. It would be nice if married/not married was black and white like you say and I think its crazy to be partially married on purpose...but believe me, there are a lot of couples who are not married enough to get a hassle-free ir-1/cr-1 , or too married to get their k-1.

In the former, the couples are not married. In the latter, they are. "Married" is defined by local laws. Not all "wedding ceremonies" constitute "marriage" but all "marriage" between any two individuals who otherwise qualify to get immigration petitions approved is "marriage".

You must submit a marriage certificate from the local government agency where the marriage took place, in order to get a spouse based petition approved. That approval, is defacto evidence the "marriage" will be recognized in the US. Married is married, period. IMO, people who don't understand the difference between married and unmarried have no business handling their own spousal visa process. The OP knows he's married but just hadn't thought through the chaotic ramifications of any need to marry again after US arrival.

Really???
Try going to the US Consulate and apply for some kind of benefit based upom your 'bindig' marriage and see how far you get. You are prob talking about some kind of religious ceremony.

Yeah, I'm not sure what is meant by "binding" either but in many countries, including the US, those who conduct religious wedding ceremonies are authorized to execute legal marriage certificates in behalf of the parties. Those same individuals may also conduct ceremonies that do not constitute legal marriage, such as reaffirmations or even the whole religious rite without the government paperwork.

There are other countries where only government officials can execute legal marriage certificates. In those countries, religious ceremonies do not constitute legal marriage, no matter how "binding" the parties might consider them to be in the eyes of God.

Definately the U.S. recognizes your marriage! We were married in Lima Peru and had our marriage license translated and certified. We are still waiting for our approvals but, just have your marriage documents translated and send everything. You will be fine!

A Wedding Service does not = a Legal Marriage.... To be a legal Marriage it must be registered as a marriage in the country it took place.... just because in the eyes of your religion you are married this does not meen that in the eyes of your country you are married....

Kez

I don't know why your posts have to be so un-friendly. It was the OP that stated he was advised to marry again here...most people don't get that kind of advice so there just might be a reason he did. Maybe the advice came mistakenly from someone that only knew K-1 stuff...but it could also be that what he was getting translated is something his priest gave him that isn't the cert he thinks he has. I don't know him so I don't know what doc he's holding, and I'll bet you don't know either. He simply asked why he would get conflicting advice, and I offered a possible explaination. Why shouldn't I? That scenario is absolutely possible. I might not be anyone's lawyer, but I do have a clue and this is a public discussion...oh and "know-it-alls only, please " is nowhere in his request for responses.
I'm glad you weren't an active poster while I was processing.

Oh, ok. I'll try to learn from your example.

Accuracy and clear straight talk is my goal. Many people need and appreciate that approach but, as always, opinions vary.

LOL dont make me laugh..... Accuracy and straight talk my foot.... until someone points out your wrong and then you just send them very nasty PM's.... oh come on stop placing yourself on a high pedistile you are no better than the rest of us...

Oh I forgot you have me on ignore..... so you cant see this... what a shame...

Kez

Back to topic people... thanks!

Opps Did I type that out loud????? I am bad There was me thinking that I had just thought it....

Me goes to sit in the bad girl corner....


Kez

the thing is that the OP came here with a genuine question, and he was just hoping to get some light on the matter with the help of more experienced people... and he never posted again
I think we might have scared him away with the dryness in this discussion
nobody likes to be called stupid, or to be told that they arent good enough to be handling their papers...

if indeed, he is having difficulty, then fine! lets help him! this is what this place is for

The OP got multiple affirmations that married is married. Perhaps we haven't seen the OP because his question was clearly answered long ago. Nobody suggested the OP shouldn't be doing his own papers. I suggested that somebody who didn't know the difference between married and not married probably shouldn't be filing their own petition but also said the OP clearly understood he was married.

It would appear, the topic has been well covered.

it would appear as if you can't take criticism


but you're right, end of thread

It has nothing to do with Push taking criticism...

Lets look at OP post... Nicholas and Claudia...

Posting in a K3 forum... obviously are believing they are legally married in Peru... they never stated that they went to a Religous ceromony or any other way.... their question was answered in he fashion asked....

Once again.... Nicholas and Claudia... welcome to the board....



If you are legaly married in the eyes of the Country that you are in and have intentions of applying for a K3 then you are legally married in the US

Thank you so much for all the responses. You have definately made me feel better because everyone else tells me no or I don't know. Though I hope pushbrk will stop beating dead horses. And thank you much Reba for answering my question.

Sorry I delayed to respond been a work-a-holic...

Yes most of my friends are K-1'ers and still don't believe I'm married. I asked my HR at work and they have no idea, they told me to talk to the IRS or an immigration lawyer. But yes I needed moral support that I was right. So muchos gracias! But I was only not clear how to make it known, registered in the US... So it's all good now thanks again.

The Op really is asking a valid question. There are people here who have gotton married and later find AFTER the petition reaches the embassy the marriage certificate is not valid!! Thats happend to VJ members. The reverse has happend too where they thought they were SINGLE and turned the embassy belived their simple dedication/ engagement ceremony was considered a valid marriage. they had to refile. either way there is alot of headache and drama. btw, we had a VJ member whos husband made it to the USA it was during the AOS process she finds that she is Not divorced properly!! now thats an ugly feeling.

Ugg, yes the OP had a valid question that has been answered but he was not concerned about whether his marriage was valid in Peru. People who have invalid marriage certificates are "not married". If married is married, it follows that not married is not married.

G and I got married both at the Hindu Temple and at the local government office. At the Hindu ceremony there were no papers to sign, so legally for documentation/visa we needed to have the court marriage as well. I found out that most Nepalis(at least G's family) only have the religious ceremony - I think if the community/family sees you as married, you are married. I wonder how it has gone for other VJers who were told they couldn't file for K-1 because of their engagement ceremonies, etc. but then they would have problems filing for K-3 because there would be no legal marriage certificate... Sounds like a Catch-22 situation to me.