Church Service in Mexico

[Jalos-LongBeach 7]

In Mexico just as in the US a civil marriage is the only recognized marriage. A church service is just a mass in the eyes of both goverments. The thing is most Catholic churches will not have the mass without the civil. I say most because you can appeal to the Bishop that services that area and get permission to have the mass if you can show that you cant get married by a civil union due to such constraints as a K-1 visa where the civil must occur in the United States. They seem to be aware of such things in Mexico and would ask for proof that a filing is in process or to see a copy of the visa that was given. Anyone see any problem with having the mass and then going to the coounty register in the United States to marry within the 90 days once the fiance are state side?

Just want to also know if anyone has done it this way.

[Pitaya 2,576]

In Mexico just as in the US a civil marriage is the only recognized marriage. A church service is just a mass in the eyes of both goverments. The thing is most Catholic churches will not have the mass without the civil. I say most because you can appeal to the Bishop that services that area and get permission to have the mass if you can show that you cant get married by a civil union due to such constraints as a K-1 visa where the civil must occur in the United States. They seem to be aware of such things in Mexico and would ask for proof that a filing is in process or to see a copy of the visa that was given. Anyone see any problem with having the mass and then going to the coounty register in the United States to marry within the 90 days once the fiance are state side?

Just want to also know if anyone has done it this way.

Welcome to the forum.

That is not necessarily correct. In the US, the church service is recognized by the civil authorities as a recognized marriage. Couples that have a nuptial Mass in the US do not have to have another civil ceremony. In the US it is harder to get a Catholic church wedding due to the rather lengthy marriage classes that are often required in order to have the marriage performed in the Catholic church. At least that is the understanding that I have about the Catholic parish and diocese that I go to here in Washington State.

I would advise you to be very careful about applying for a K-1 visa and having a "marriage ceremony," civil, religious, or otherwise, in another country, then planning on having another "marriage ceremony," civil, religious, or otherwise, in the US. The USCIS could determine that you are already married, and not eligible for a fiancee visa, but rather that you should apply for a spousal visa.

YMMV

Edited July 31, 2012 by A&B

[C-ma'am 684]

Welcome to the forum.

That is not necessarily correct. In the US, the church service is recognized by the civil authorities as a recognized marriage. Couples that have a nuptial Mass in the US do not have to have another civil ceremony. In the US it is harder to get a Catholic church wedding due to the rather lengthy marriage classes that are often required in order to have the marriage performed in the Catholic church. At least that is the understanding that I have about the Catholic parish and diocese that I go to here in Washington State.

I would advise you to be very careful about applying for a K-1 visa and having a "marriage ceremony," civil, religious, or otherwise, in another country, then planning on having another "marriage ceremony," civil, religious, or otherwise, in the US. The USCIS could determine that you are already married, and not eligible for a fiancee visa, but rather that you should apply for a spousal visa.

YMMV

Excellent advise A&B Covered all the angles of information you need to beware of.

[Jalos-LongBeach 7]

Thank you for the info. I will have to wait to do everything once they get here.

[Dan C. 18]

I say most because you can appeal to the Bishop that services that area and get permission to have the mass if you can show that you cant get married by a civil union due to such constraints as a K-1 visa where the civil must occur in the United States. They seem to be aware of such things in Mexico and would ask for proof that a filing is in process or to see a copy of the visa that was given.

This is news to me.

My wife and I wanted to get married in Mexico, but we were told by the church that we had to have the civil wedding paperwork first. No exceptions.

This pretty much ruled out the K-1 visa for us. We got married by the civil authorities first, and filed for a CR-1 instead . We had our church wedding right before my wife went for the CR-1 interview, and it worked out fine.

I don't see a timeline on your profile so I don't know if you filed for a K-1 yet, but if you want to have your wedding in Mexico, I'd recommend the CR-1 route. If you've already filed for the K-1, you'll have to see if you can convince the church to let you do it based on the K-1 visa -- maybe they'll be more flexible with you than they were with us.

Good luck.

[Jalos-LongBeach 7]

This is news to me.

My wife and I wanted to get married in Mexico, but we were told by the church that we had to have the civil wedding paperwork first. No exceptions.

This pretty much ruled out the K-1 visa for us. We got married by the civil authorities first, and filed for a CR-1 instead . We had our church wedding right before my wife went for the CR-1 interview, and it worked out fine.

I don't see a timeline on your profile so I don't know if you filed for a K-1 yet, but if you want to have your wedding in Mexico, I'd recommend the CR-1 route. If you've already filed for the K-1, you'll have to see if you can convince the church to let you do it based on the K-1 visa -- maybe they'll be more flexible with you than they were with us.

Good luck.

[Jalos-LongBeach 7]

This is news to me.

My wife and I wanted to get married in Mexico, but we were told by the church that we had to have the civil wedding paperwork first. No exceptions.

This pretty much ruled out the K-1 visa for us. We got married by the civil authorities first, and filed for a CR-1 instead . We had our church wedding right before my wife went for the CR-1 interview, and it worked out fine.

I don't see a timeline on your profile so I don't know if you filed for a K-1 yet, but if you want to have your wedding in Mexico, I'd recommend the CR-1 route. If you've already filed for the K-1, you'll have to see if you can convince the church to let you do it based on the K-1 visa -- maybe they'll be more flexible with you than they were with us.

Good luck.

Hi. I got the K-1. The priest said he might work with us on it. I just wanted to make sure USCIS wouldnt view it as a marriage as we wouldnt officially get married in Mexico since it has to be a civil marriage to be recognized by Mexico and would involve me having to give blood and get permission to marry a Mexican citizen. I am going to call USCIS and ask them directly.

[Dan C. 18]

Hi. I got the K-1. The priest said he might work with us on it. I just wanted to make sure USCIS wouldnt view it as a marriage as we wouldnt officially get married in Mexico since it has to be a civil marriage to be recognized by Mexico and would involve me having to give blood and get permission to marry a Mexican citizen. I am going to call USCIS and ask them directly.

Ah good -- you're right, it's probably a good idea to get USCIS's opinion. My guess would be that since Mexico doesn't view it as a wedding, there'll be no paperwork that says you're married (only a non-official ceremony), so it should be OK. In USCIS's view, it'd be like you had a celebration with friends and family before coming to the US.

[TnJ 131]

Ah good -- you're right, it's probably a good idea to get USCIS's opinion. My guess would be that since Mexico doesn't view it as a wedding, there'll be no paperwork that says you're married (only a non-official ceremony), so it should be OK. In USCIS's view, it'd be like you had a celebration with friends and family before coming to the US.

The problem here is not USCIS. Once the petition is forwarded to the embassy, you are dealing with the DOS. Everything and anything is under scrutiny with the consulates. Anything that suggests the possibility of the couple being married to the CO is reason enough to deny the K-1 visa. It is not impossible to have a ceremony before obtaining the K-1. However, it is a risk. One that some have taken only to be denied the K-1. This is why caution is expressed here in regard to having a ceremony before the visa is in hand.

[Jalos-LongBeach 7]

Update: Here is what someond at USCIS said. I first mentioned if a church only wedding in Mexico qualified me for a I-130 or a CR-1 and they daid no. That a official certificate of marriage had to be submitted. So I said by that definition a church ceremony should not interfere with a K-1 visa. The woman was really nice and agreed in theory but said there in nothing official she could cite to agree that it would not be a problem. In the end she said that it all depends on how the CO views it if they are made aware of it at the time on the visa interview.( mentioned it 3 times) Because in the end it is up to them. You would have to rely on them understanding that marriage in that particular country must take place only by civil and that a church ceremony does not constitute a marriage. That is alot to leave up in the open. But I guess many people will still see that its possible and not illegal in the dnd if you read it correctly. I really think she wanted to tell me this since she repeated it so many times.

[Jalos-LongBeach 7]

In the end it may not be worth the risk if you ate already and the consulate stage. Even though it is pefectly legal I wouldnt risk it all on someones interpetation.

[TnJ 131]

Update: Here is what someond at USCIS said. I first mentioned if a church only wedding in Mexico qualified me for a I-130 or a CR-1 and they daid no. That a official certificate of marriage had to be submitted. So I said by that definition a church ceremony should not interfere with a K-1 visa. The woman was really nice and agreed in theory but said there in nothing official she could cite to agree that it would not be a problem. In the end she said that it all depends on how the CO views it if they are made aware of it at the time on the visa interview.( mentioned it 3 times) Because in the end it is up to them. You would have to rely on them understanding that marriage in that particular country must take place only by civil and that a church ceremony does not constitute a marriage. That is alot to leave up in the open. But I guess many people will still see that its possible and not illegal in the dnd if you read it correctly. I really think she wanted to tell me this since she repeated it so many times.

See post #9