Ceremony vs. Legal Marriage

[candyace 0]

Hello Everyone

My Fiance and I are religious and to us it doesn't matter when we sign our legal documents to say that we are married, as long as we have been viewed in our religion as being married, with a ceremony, and witnesses, etc. Will the US care if we have had our ceremony already but aren't LEGALLY married, just religiously. Then we'll sign the legal marriage papers when I am allowed into the US?

Also, I found a telephone number on this site once (I think it was from this site) of a number that you can call and ask questions, does anyone happen to know what number I can call to speak to a PERSON???

Hope to hear your opinions!

[motu 6]

Hello Everyone

My Fiance and I are religious and to us it doesn't matter when we sign our legal documents to say that we are married, as long as we have been viewed in our religion as being married, with a ceremony, and witnesses, etc. Will the US care if we have had our ceremony already but aren't LEGALLY married, just religiously. Then we'll sign the legal marriage papers when I am allowed into the US?

Also, I found a telephone number on this site once (I think it was from this site) of a number that you can call and ask questions, does anyone happen to know what number I can call to speak to a PERSON???

Hope to hear your opinions!

If marriage in your country is very important to you - do it - and file for K3. If it is not, then you can try the K1. I think it's one of the choices you have. Many of us wanted to be together as fast as possible and it seemed to us that the K1 route was faster - luckily for us the fiancee and her/his family were agreeable. This is a very basic choice to be made in which route you would like to go. Good Luck

And you can have a religious ceremony here in USA too. My nephew had a Hindu marriage in France! If you want a religious marriage its still available here - the basic choice is 'where' you would like to get married and how important is that.

Edited April 12, 2008 by motu

[eric_and_teresa 10]

You need to be well aware of how civil law regarding to marriage works out in Canada. Are religious weddings considered legal weddings in Canada?

A ceremony that does not constitute a legal marriage "should" be ok, BUT in many cases when people admits having this type of ceremonies at the K-1 interview they had been denied or asked to withdraw their K-1 petition and asked to file a K-3 instead, even when their own country does not recognizes the marriage as legal.... I have no idea how the CO takes as legally binding a marriage that is not a legal marriage under the laws of the country, but they do it anyway!

I would not take the risk, if I was not well aware of what the legal procedure is in my own country and knew how to defend the fact that I'm still legally single if I'm ever questioned about it whether it is a the interview or at the POE.

If you want to have a ceremony or celebration and you are 10000% sure that is not legally binding in Canda, have this ceremony until you are done with your K-1 interview! And do not even try to explain to the POE officer how you had this beautiful non-legal wedding in Canada, when using the K-1 to enter the U.S. That would be a very bad idea!

Edited April 12, 2008 by eric_and_teresa

[pushbrk 13,627]

Hello Everyone

My Fiance and I are religious and to us it doesn't matter when we sign our legal documents to say that we are married, as long as we have been viewed in our religion as being married, with a ceremony, and witnesses, etc. Will the US care if we have had our ceremony already but aren't LEGALLY married, just religiously. Then we'll sign the legal marriage papers when I am allowed into the US?

Also, I found a telephone number on this site once (I think it was from this site) of a number that you can call and ask questions, does anyone happen to know what number I can call to speak to a PERSON???

Hope to hear your opinions!

Unfortunately for this circumstance a religious wedding ceremony conducted by anyone also authorized to perform a legal marriage, is actually considered a legal marriage in Canada even if there's no licens or wedding certificate recorded. Canada has funky marriage laws. I suppose they might seem like throwbacks to the olden days when marriages were the purvue of churches, you know, when you're out in the boonies, any preacher can marry you.

As such, K1 is not going to work. The marriage must take place in the USA with a K1 visa, and if have a ceremony recognized as marriage by your church before US using the visa, your "wife" won't be "fiance" anymore so the K1 is invalid.

[SnowyTater 0]

Even if that wasn't the Canadian law and you could legally defend that it was only ceremony, I really wouldn't take the risk before you've entered the US on the K1. You definately wouldn't want to tell them about your "just ceremonial marriage" as it'd raise some eyebrows and why put extra pressure on yourself, but then if they somehow found out it'd look terrible that you didn't tell and like you were trying to hide it. Double-edged sword.

[Eric-Pris 1,607]

DON'T DO ANY KIND OF CEREMONY IF APPLYING FOR A K-1. WHY RISK IT? IF IT'S THAT IMPORTANT FOR YOU, GET MARRIED AND DO A K-3 LIKE OTHERS HAVE SAID.

SEE THIS POST: http://www.visajourney.com/forums/index.php?showtopic=120704

(AND IF YOU DECIDE TO DO IT, DON'T BRING PICTURES OF THE CEREMONY TO THE INTERVIEW. )

SORRY, I USED CAPS FOR EMPHASIS.

Edited April 12, 2008 by kid brooklyn

[ga1jin 0]

A ceremony that does not constitute a legal marriage "should" be ok, BUT in many cases when people admits having this type of ceremonies at the K-1 interview they had been denied or asked to withdraw their K-1 petition and asked to file a K-3 instead, even when their own country does not recognizes the marriage as legal.... I have no idea how the CO takes as legally binding a marriage that is not a legal marriage under the laws of the country, but they do it anyway!

Have you heard first-hand from people on vj (or elsewhere) who say they were denied entry at POE because they admitted to having a non-legal ceremony? The reason I'm asking is because my fiancee and I are planning on having a church ceremony in Japan before coming here (but after receiving the K-1). I've checked, and religious ceremonies are definitely not recognized by the Japanese government. Papers must be signed.

We have no reason to tell them we've had a ceremony, but if we are asked our options are to tell them or bold-faced lie. I don't want to tell them if this has really been a problem for people. But I also don't like the idea of lying. I hope you don't mind me challenging your post. I just want to know if this really is a problem since we have been moving forward with our visa and wedding plans.

[ready4ONE 5,400]

A ceremony that does not constitute a legal marriage "should" be ok, BUT in many cases when people admits having this type of ceremonies at the K-1 interview they had been denied or asked to withdraw their K-1 petition and asked to file a K-3 instead, even when their own country does not recognizes the marriage as legal.... I have no idea how the CO takes as legally binding a marriage that is not a legal marriage under the laws of the country, but they do it anyway!

Have you heard first-hand from people on vj (or elsewhere) who say they were denied entry at POE because they admitted to having a non-legal ceremony? The reason I'm asking is because my fiancee and I are planning on having a church ceremony in Japan before coming here (but after receiving the K-1). I've checked, and religious ceremonies are definitely not recognized by the Japanese government. Papers must be signed.

We have no reason to tell them we've had a ceremony, but if we are asked our options are to tell them or bold-faced lie. I don't want to tell them if this has really been a problem for people. But I also don't like the idea of lying. I hope you don't mind me challenging your post. I just want to know if this really is a problem since we have been moving forward with our visa and wedding plans.

It may or may not be a problem. That is a fact... But the K-1 visa is based on being engaged, not married. And yes, it has messed some folks up down the road to have even a nonbinding ceremony, especially if there are photos involved etc. and they come to the attention of USCIS. You don't want to get involved in explaining why something that looks like a duck, walks like and quacks like a duck is not a duck.

If you already had the ceremony you might at least consider a 'legal' marriage and opt for K-3. This is an extensive, time consuming, expensive process, and you don't really want to get too far down it and realize you shafted yourselves. If you have not done the ceremony, then put it off until after you successfully get a K-1 visa to the USA. Good luck to you on the journey!

[Glen&Teresa 0]

Have you heard first-hand from people on vj (or elsewhere) who say they were denied entry at POE because they admitted to having a non-legal ceremony? The reason I'm asking is because my fiancee and I are planning on having a church ceremony in Japan before coming here (but after receiving the K-1). I've checked, and religious ceremonies are definitely not recognized by the Japanese government. Papers must be signed.

There was a thread only a few days ago here. A couple had a non binding Hindu ceremony before applying for the K1 - they were rejected and told to apply for a K3

[pushbrk 13,627]

A ceremony that does not constitute a legal marriage "should" be ok, BUT in many cases when people admits having this type of ceremonies at the K-1 interview they had been denied or asked to withdraw their K-1 petition and asked to file a K-3 instead, even when their own country does not recognizes the marriage as legal.... I have no idea how the CO takes as legally binding a marriage that is not a legal marriage under the laws of the country, but they do it anyway!

Have you heard first-hand from people on vj (or elsewhere) who say they were denied entry at POE because they admitted to having a non-legal ceremony? The reason I'm asking is because my fiancee and I are planning on having a church ceremony in Japan before coming here (but after receiving the K-1). I've checked, and religious ceremonies are definitely not recognized by the Japanese government. Papers must be signed.

We have no reason to tell them we've had a ceremony, but if we are asked our options are to tell them or bold-faced lie. I don't want to tell them if this has really been a problem for people. But I also don't like the idea of lying. I hope you don't mind me challenging your post. I just want to know if this really is a problem since we have been moving forward with our visa and wedding plans.

A non-binding ceremony after the K1 visa is in hand wouldn't be a problem for Japan or nearly any country. My post refers to Candadian laws. Lots of stories about screwing this up. Even mentioning it at interview or showing pictures, as stupid as it sounds, have bitten people in the butt many times.

I would think your plan would be fine. The devil is often in the details.

[Krikit 1,166]

If your ceremony is performed by a licensed minister, you are legally married. If your ceremony is performed by an actor playing a minister, you are not legally married. If you are "religious" then I can't imagine your church has an actor playing a minister, nor would you want to make the sanctity of marriage a farce by having a ceremony and then claiming that you are not man and wife. A formal ceremony by a licensed minister means you are married - both in the eyes of God and in the eyes of the law - whether you sign something or not.

[pushbrk 13,627]

If your ceremony is performed by a licensed minister, you are legally married. If your ceremony is performed by an actor playing a minister, you are not legally married. If you are "religious" then I can't imagine your church has an actor playing a minister, nor would you want to make the sanctity of marriage a farce by having a ceremony and then claiming that you are not man and wife. A formal ceremony by a licensed minister means you are married - both in the eyes of God and in the eyes of the law - whether you sign something or not.

Yes, that is the law in Canada but most other countries require some government paperwork. Sometimes a ceremony is just a ceremony but not by licensed clergy in Canada.

[chris4gretchen 1]

Have you heard first-hand from people on vj (or elsewhere) who say they were denied entry at POE because they admitted to having a non-legal ceremony?

here is your first hand info...

first hand knowledge of ceremony causing denial

Maybe you can PM them and get first hand info. the link to this was just above your post.

Chris

[pushbrk 13,627]

Have you heard first-hand from people on vj (or elsewhere) who say they were denied entry at POE because they admitted to having a non-legal ceremony?

here is your first hand info...

first hand knowledge of ceremony causing denial

Maybe you can PM them and get first hand info. the link to this was just above your post.

Chris

Well, those people were silly enough to show pictures of their religious ceremony at the interview, even though it technically is not a legal marriage. In Canada such a ceremony would have been legal marriage even without paperwork.

[ga1jin 0]

Thanks everyone for your replies. My question was whether anyone has had any issues at POE. We will not have had any ceremony at the time of the interview. I guess the bottom line is there's no reason to mention a ceremony in Japan at the interview or POE. There' no way they will know about it unless they happen to read vj in their spare time. I guess I'm just a little paranoid.