marriage while waiting for k1?

[mich08 0]

Hi all, I'm new here...just got engaged to my man in Argentina. I'm planning on visiting him there for three months this summer but would like to begin the K1 application process ASAP. But here's the question. We were originally going to get married in his country and go the k3 route but would now rather start the process immediately via the k1 while i'm still in the states. But we still want to have an 'unofficial' wedding ceremony so his family can celebrate the occasion when I visit (and so we can live together as 'married' while i visit for a few months - our religious convictions don't agree with non-married living together). The only hang-up we have with this idea is that on his application that he brings to the embassy he has to state his civil status, married or single....so we've realized that in Argentina you are not legally married if you don't have the 'civil' marriage at their equivalent of our courthouse so we might just have a 'religious' ceremony with his family and pastor, giving us the commitment before God and his family but NOT being legally married in his country....make sense? Then he wouldn't be lying when asked his civil status and he says single, he would then come here, and we'd be legally married in the states like the usual k1 process requires....I don't see any problem with this, but I'm wondering if anyone sees anywhere where this might come up as an issue in a later interview or paperwork.....Thanks for any input....you'll be hearing from me for sure!

Ah! the other question...is it standard that the Petitioner for a fiance (me) to be called to an interview at a CIS office? or is it just totally random and based on how much evidence is submitted, or if they find something suspicious?

Thanks!

mich

[KimandRuss 0]

It's how the US views your 'ceremony' that matters so you may want to check with your USEM. It is at the discretion of the CO to approve your application for the K1. Many people have had non-binding ceremonies before their visa was approved but many other's have been denied for less so you want to be CERTAIN you do not get legally married and you should probably use the 'don't ask..don't tell' philosophy when dealing with the consulate later.

No, it is not standard for the petitioner to be called for an interview at CIS but it has happened.

[Army_Wife 2]

Any type of marriage while awaiting the processing of a K1 is not a good idea, whether it be religious or otherwise.

There have been quite a few stories where petitioners have been refused visas because the interviewer didn't believe they were not married already.

One lady on the K1 forum was refused due to simply applying for a marriage license which was unused.

Be very careful with this.

[YuAndDan 153]

Many do what you are proposing, as long as you are not legally married before entry to the USA on K-1 you will be fine.

And yes on all paperwork you indicate "single".

Lastly it is recommended to not use "Husband, Wife" when referring to each other at interview or at the POE, as well as not use wedding pictures at he interview. This can cause a delay in getting the K-1 if the counselor officer gets any indication that a legal marriage has happened.

[*JG* 2]

Traditional ceremonies with family and friends, without signing any kind of legal document, happens all the time. If you aren't legally married, you aren't. Plain and simple.

The hard part is convincing your interviewer. I have seen people denied for as little as one picture that implied they may have married.

If it were me, I would never risk it. If denied, you would have no choice; but to marry in his country and start all over again with a CR1.

Be very careful with this.

[YuAndDan 153]

Traditional ceremonies with family and friends, without signing any kind of legal document, happens all the time. If you aren't legally married, you aren't. Plain and simple.

The hard part is convincing your interviewer. I have seen people denied for as little as one picture that implied they may have married.

If it were me, I would never risk it. If denied, you would have no choice; but to marry in his country and start all over again with a CR1.

Be very careful with this.

Correct, we had an engagement party with friends and family after getting the K-1, and before traveling home using it.

[eric_and_teresa 10]

I agree with the 2 previous posters. If the religious ceremony you will have does not constitute a legal marriage in Argentina, then your civil status remains "single" and in theory the CO has no authority to make a non-legal wedding ceremony, legally valid just because he thinks so.

BUT, unfortunately, we've had cases in VJ where the CO has "assumed" someone is legally married because of religious ceremony pictures, unused marriage license, etc. So if you decide to go on with your plan DO NOT bring any documents that may give the CO the wrong idea.

My fiance and I are also having a religious blessing in Guatemala before I go to the U.S., but our decision was to have this celebration after my visa was granted. But still we're gonna be very careful at the CBP to not present ourselves as married.

[Eric_and_Corinna 0]

This is an extreme case, but reason enough that I wouldn't get married while waiting for the K-1...

http://www.usforacle.com/home/index.cfm?ev...3b-e3e9d3edddd7

[eric_and_teresa 10]

This is an extreme case, but reason enough that I wouldn't get married while waiting for the K-1...

http://www.usforacle.com/home/index.cfm?ev...3b-e3e9d3edddd7

This case is absolutely different to what is being discussed here.

With fiancée visa in hand, she entered the United States already married to Keith

AGAIN, a marriage will ONLY be considered valid in the U.S. if it has been performed according to the regulations of the place where the marriage took place. This is a basic principle of private international law.

In countries where the legal system is based on the latin tradition, like Argentina and Guatemala, religious weddings are not legal weddings. The OP's fiance wont be entering the U .S. married, his civil status will remain single even if they do have a religious ceremony.

[*JG* 2]

This is an extreme case, but reason enough that I wouldn't get married while waiting for the K-1...

http://www.usforacle.com/home/index.cfm?ev...3b-e3e9d3edddd7

This case is absolutely different to what is being discussed here.

With fiancée visa in hand, she entered the United States already married to Keith

AGAIN, a marriage will ONLY be considered valid in the U.S. if it has been performed according to the regulations of the place where the marriage took place. This is a basic principle of private international law.

In countries where the legal system is based on the latin tradition, like Argentina and Guatemala, religious weddings are not legal weddings. The OP's fiance wont be entering the U .S. married, his civil status will remain single even if they do have a religious ceremony.

Again, today, in theory that works. Seems perfectly sensible to me. But, search on here and you will find all kinds of people who have not legally married, yet been turned away because the CO found some little detail.....he called her "his wife", a picture, something in writing......that made him THINK they had married.

I realize what you are saying and I agree. But, it's not me the OP has to convince.

I cannot stress enough how strongly I feel to be very careful on this subject.

[mich08 0]

This is an extreme case, but reason enough that I wouldn't get married while waiting for the K-1...

http://www.usforacle.com/home/index.cfm?ev...3b-e3e9d3edddd7

Wow...thanks for all the advice and so promptly! This page is amazing...Well, I certainly won't be flying family members to Hawaii for a wedding as the folks in this story did - as you said, this case seems a bit extreme...but I still thank everyone for the warnings and will take care in my decision....our ceremony would be for a literal 20 people in a tiny church, with no hullabaloo....the evidence for the interview would not include anything from that occasion.....so I'm hoping it will be fine. Get ready for more questions, because you've all been great already in your responses....

[Cassie 8]

This is an extreme case, but reason enough that I wouldn't get married while waiting for the K-1...

http://www.usforacle.com/home/index.cfm?ev...3b-e3e9d3edddd7

This case is absolutely different to what is being discussed here.

With fiancée visa in hand, she entered the United States already married to Keith

AGAIN, a marriage will ONLY be considered valid in the U.S. if it has been performed according to the regulations of the place where the marriage took place. This is a basic principle of private international law.

In countries where the legal system is based on the latin tradition, like Argentina and Guatemala, religious weddings are not legal weddings. The OP's fiance wont be entering the U .S. married, his civil status will remain single even if they do have a religious ceremony.

Again, today, in theory that works. Seems perfectly sensible to me. But, search on here and you will find all kinds of people who have not legally married, yet been turned away because the CO found some little detail.....he called her "his wife", a picture, something in writing......that made him THINK they had married.

I realize what you are saying and I agree. But, it's not me the OP has to convince.

I cannot stress enough how strongly I feel to be very careful on this subject.

And I am in agreement with you, I get huge heebie-jeebies when people ask about doing something like this. There is too much risk, IMHO, especially when the OP mentions the main reason for getting a religious blessing is so they can live together for a number of months as husband and wife in the eyes of God without being legally married. They would have to be VERY careful not to refer to each other as married at the interview/at the border when activating the visa.

[eric_and_teresa 10]

This is an extreme case, but reason enough that I wouldn't get married while waiting for the K-1...

http://www.usforacle.com/home/index.cfm?ev...3b-e3e9d3edddd7

This case is absolutely different to what is being discussed here.

With fiancée visa in hand, she entered the United States already married to Keith

AGAIN, a marriage will ONLY be considered valid in the U.S. if it has been performed according to the regulations of the place where the marriage took place. This is a basic principle of private international law.

In countries where the legal system is based on the latin tradition, like Argentina and Guatemala, religious weddings are not legal weddings. The OP's fiance wont be entering the U .S. married, his civil status will remain single even if they do have a religious ceremony.

Again, today, in theory that works. Seems perfectly sensible to me. But, search on here and you will find all kinds of people who have not legally married, yet been turned away because the CO found some little detail.....he called her "his wife", a picture, something in writing......that made him THINK they had married.

I realize what you are saying and I agree. But, it's not me the OP has to convince.

I cannot stress enough how strongly I feel to be very careful on this subject.

I've read those posts and stories too, by experience we know that the CO will interpret as legal wedding almost everything. That's exacly what I wrote on my first post.

My second post was directed to clarify that the story of this couple is different, they DID get married with all the legalities of the foreign country, no wonder they got in trouble! And even when I feel sorry for them, IMO, they should have known better! It is almost unbelievable that they thought, they were going to be ok using a K-1 to enter the U.S. when they were already LEGALLY married.

[*JG* 2]

This is an extreme case, but reason enough that I wouldn't get married while waiting for the K-1...

http://www.usforacle.com/home/index.cfm?ev...3b-e3e9d3edddd7

This case is absolutely different to what is being discussed here.

With fiancée visa in hand, she entered the United States already married to Keith

AGAIN, a marriage will ONLY be considered valid in the U.S. if it has been performed according to the regulations of the place where the marriage took place. This is a basic principle of private international law.

In countries where the legal system is based on the latin tradition, like Argentina and Guatemala, religious weddings are not legal weddings. The OP's fiance wont be entering the U .S. married, his civil status will remain single even if they do have a religious ceremony.

Again, today, in theory that works. Seems perfectly sensible to me. But, search on here and you will find all kinds of people who have not legally married, yet been turned away because the CO found some little detail.....he called her "his wife", a picture, something in writing......that made him THINK they had married.

I realize what you are saying and I agree. But, it's not me the OP has to convince.

I cannot stress enough how strongly I feel to be very careful on this subject.

I've read those posts and stories too, by experience we know that the CO will interpret as legal wedding almost everything. That's exacly what I wrote on my first post.

My second post was directed to clarify that the story of this couple is different, they DID get married with all the legalities of the foreign country, no wonder they got in trouble! And even when I feel sorry for them, IMO, they should have known better! It is almost unbelievable that they thought, they were going to be ok using a K-1 to enter the U.S. when they were already LEGALLY married.

I was actually responding to the second part of that post.

While the Hawiian wedding was a big mistake on their part, it doesn't have any bearing on this thread whatsoever. Totally different situation. I was not responding to that part at all.

No worries. We were on the same page.

[Eric_and_Corinna 0]

This is an extreme case, but reason enough that I wouldn't get married while waiting for the K-1...

http://www.usforacle.com/home/index.cfm?ev...3b-e3e9d3edddd7

This case is absolutely different to what is being discussed here.

With fiancée visa in hand, she entered the United States already married to Keith

AGAIN, a marriage will ONLY be considered valid in the U.S. if it has been performed according to the regulations of the place where the marriage took place. This is a basic principle of private international law.

In countries where the legal system is based on the latin tradition, like Argentina and Guatemala, religious weddings are not legal weddings. The OP's fiance wont be entering the U .S. married, his civil status will remain single even if they do have a religious ceremony.

Hey, if you, or anyone else is comfortable with doing that, or telling someone it's ok to do that, more power to you. I've seen enough of what one CBP officer can do on any given, so I'm just giving my two cents...