Traditional Wedding

[loughrey101 13]

In some countries a religious marriage is all it takes to be legal and recognized. You can tell the people in these linked cases so adamantly that there is no way to be denied if you are not legally married and have it registered? (and this is only a couple of cases...there are more, even those being denied entry with their K-1 because they used the word husband or the CBP officer saw wedding photos in their luggage)>

http://www.visajourney.com/forums/topic/306181-k1-visa-is-rejected-what-are-the-alternatives-can-i-apply-for-spouse-visa/

http://www.visajourney.com/forums/topic/346279-how-can-a-k-1-misrepresentation-denial-be-overturned/

It is a disservice to turn a blind eye to the fact that a CO's discretion is the final word on whether or not you get approved and advise people they will be A-okay as long as they do not register the marriage. If they believe you are married, they can deny you a K-1, whether you were legally married/registered anything with a court or not. What constitutes a legal marriage is not the same across all countries.

ALL legal marriages in every country, whether it is the West, India, an Islamic country or whatever are only legal and valid when they are registered with the government. All religious weddings are registered once the ceremony is over. The only way a government can know of who is married and who not is by having a marriage register and this is obviously important because the rights and responsibilities of a single person is different from a married person. There are cases even here where you can perform a religious ceremony and not register but these marriages are not recognised by the law and can often be deemed illegal since they are often used by certain groups to marry off under-age girls etc. In the cases you mentioned in the links the consulates wrongly interpreted the religious ceremonies as marriages although the US government's definition of marriage is one that is legally validated by the state and registered. They probably could have succeeded in appealing that with an attorney because it was a confusion on the part of the consulate since their religious marriage did not fall within the definition of what the government legally defines as marriage.

[loughrey101 13]

Good Luck for the rest of the journey.

Thank you very much Jonny! I wish you the very best of luck with your application and I hope we can both be in America with our loved one by Christmas.

[loughrey101 13]

In some countries a religious marriage is all it takes to be legal and recognized. You can tell the people in these linked cases so adamantly that there is no way to be denied if you are not legally married and have it registered? (and this is only a couple of cases...there are more, even those being denied entry with their K-1 because they used the word husband or the CBP officer saw wedding photos in their luggage)>

http://www.visajourney.com/forums/topic/306181-k1-visa-is-rejected-what-are-the-alternatives-can-i-apply-for-spouse-visa/

http://www.visajourney.com/forums/topic/346279-how-can-a-k-1-misrepresentation-denial-be-overturned/

It is a disservice to turn a blind eye to the fact that a CO's discretion is the final word on whether or not you get approved and advise people they will be A-okay as long as they do not register the marriage. If they believe you are married, they can deny you a K-1, whether you were legally married/registered anything with a court or not. What constitutes a legal marriage is not the same across all countries.

I'm not turning a blind eye, I know it often depends on the whims of the individual consulate and that is why I then advised him on following your advise to be safe. I was talking that legally speaking there is no problem doing what they wish to do since it does not invalidate the condition of the K1 visa but because these things can cause confusion with consulates it is best to play it safe.

[KayDeeCee 4,891]

I'm not turning a blind eye, I know it often depends on the whims of the individual consulate and that is why I then advised him on following your advise to be safe. I was talking that legally speaking there is no problem doing what they wish to do since it does not invalidate the condition of the K1 visa but because these things can cause confusion with consulates it is best to play it safe.

So basically you are just arguing to argue then. On one hand, you keep insisting it is perfectly fine to have a ceremony because it is not legal and it won't stop you from getting a K-1. Then on the other hand, you say not to do it and play it safe.

The fact is people get denied, whether they are legally married or not. Those advising not to do anything that could be construed as a wedding in the eyes of the CO are trying to help people get through this process successfully and with the least amount of time and hassle. Those are the ones whose advice others should pay attention to and follow.

Some consulates are much harder to get approved at than others. It is always best for someone to research the processes and procedures of the consulate they will interview at. Reading reviews is a good start. Knowing what is acceptable and what is not where you will interview is a must. The CO has the final word. It is not as simple as getting a lawyer to appeal if you get denied(http://www.visajourney.com/forums/topic/346279-how-can-a-k-1-misrepresentation-denial-be-overturned/?p=5093534). Why go through any of that when avoiding it to begin with means no risk and no hassle? Arguing that it SHOULD BE okay because it is not a legal marriage just mucks up the waters.

[loughrey101 13]

So basically you are just arguing to argue then. On one hand, you keep insisting it is perfectly fine to have a ceremony because it is not legal and it won't stop you from getting a K-1. Then on the other hand, you say not to do it and play it safe.

The fact is people get denied, whether they are legally married or not. Those advising not to do anything that could be construed as a wedding in the eyes of the CO are trying to help people get through this process successfully and with the least amount of time and hassle. Those are the ones whose advice others should pay attention to and follow.

Some consulates are much harder to get approved at than others. It is always best for someone to research the processes and procedures of the consulate they will interview at. Reading reviews is a good start. Knowing what is acceptable and what is not where you will interview is a must. The CO has the final word. It is not as simple as getting a lawyer to appeal if you get denied(http://www.visajourney.com/forums/topic/346279-how-can-a-k-1-misrepresentation-denial-be-overturned/?p=5093534). Why go through any of that when avoiding it to begin with means no risk and no hassle? Arguing that it SHOULD BE okay because it is not a legal marriage just mucks up the waters.

No, I initially was thinking from the legal standpoint that everything would be okay because it does not invalidate the K1 visa conditions because the government only recognises things on paper, not word of mouth. But as I thought about it I felt it would be more advisable to play it safe and not take the chance because confusions could happen if the ceremony was made known to the consulate and so it is better to avoid these things and slow things up.

I was only talking from the legal stand point and whoever gets denied because they are not legally married (i.e. unregistered) would easy win an appeal because they are permitted under the terms.

All consulates have variations on how they do things but all are under a common law governing this department. But since you are dealing with an individual who can get confused by various cultural practices it is best to avoid these potentials. So the point is I agree with you that it is best to wait.

[Loveherforever49 4]

What if... you are way too far in.. like lets say everythings all sent in and getting ready for an interview date... would it be better to try the interview or withdraw the petition and start a spousal visa?

[TKBRAVO 4]

The fact of the matter is, time and again we have seen people on visa journey have "traditional" non registered marriages in their home countries, and have gone on to be denied their visas. In the eyes of the consulates, anything that looks or smells like a wedding, is a wedding. You are advising the OP to take a huge risk, which could eventually result in the denial of their visa. Search and you will find many threads on the subject. People have even been denied for having so called engagement ceremonies and parties, because they were elaborate and looked like weddings.

Many cases I have come thru are K1 visa first and then Cr1 latter, my case is quite special, and I would like to hear from you before my "wife/fiancee" go for interview.

In 2010 I apply for I730(asylee relative petition) which is like I130, for my wife and daughter. my daughter got approved but my wife denied, the reson was that I do not have a valid marriage certificate. I only did a traditional marriage and family members sign affidavits.

the 221g handed to my wife stated: petition is being returned to US with a recomandation to be revoked.

I become a Us citizen in 2013 and apply for K1 visa for both my wife and daughter. in all my forms, I state married(traditional only)

my wife is waiting for interview and I would like to know what you guys think. My case is quite special in a sence that I preciously were denied I730(or I130) because they say I am not married. Can they use the opposite argument today to deb=nied the K1 visa to my wife?

[Loveherforever49 4]

Many cases I have come thru are K1 visa first and then Cr1 latter, my case is quite special, and I would like to hear from you before my "wife/fiancee" go for interview.

In 2010 I apply for I730(asylee relative petition) which is like I130, for my wife and daughter. my daughter got approved but my wife denied, the reson was that I do not have a valid marriage certificate. I only did a traditional marriage and family members sign affidavits.

the 221g handed to my wife stated: petition is being returned to US with a recomandation to be revoked.

I become a Us citizen in 2013 and apply for K1 visa for both my wife and daughter. in all my forms, I state married(traditional only)

my wife is waiting for interview and I would like to know what you guys think. My case is quite special in a sence that I preciously were denied I730(or I130) because they say I am not married. Can they use the opposite argument today to deb=nied the K1 visa to my wife?

I'm sorry as I'm not much help, but i recommend posting this on your own thread. Doesn't look like anyone is gonna be checking in this thread for a while.Good Luck!

[Lulu oz 42]

 

hello all, please kindly advice me, my fiance has already filed a k1 visa for me but earlier before that i had made a trip to the US in which I was refused entry and I had to voluntarily withdraw my visa and i made a sworn statement that I was married although I am not legally married please how will this impact on my K1 visa which has already filed for me. Thanks for ur kind response