Can we have a wedding Ceremony prior to receiving K1 visa??

[Greylove 0]

So, my fiance and I really REALLY want to have a summer wedding. There is little chance that I will obtain my K1 by then, so we were considering having a ceremony and reception without making it legal this summer. I would then return to Canada for my interview and we would get married legally after I get my visa and enter the states. Is this possible or would immigration have a problem with this plan. Please help, we want to start planning and set a date so all the family can be there. Thanks so much!!

[tglea 0]

Don't tell them about it and I don't see why it would be a problem. Don't include pictures or info of your non legal ceremony as proof of anything.

[Leenie 15]

I've read instances of people doing this! But just like the above poster said, it's probably better not to include any pictures in your evidence that might appear to be showing a legal ceremony, or there could be some costly confusion!

[V-G-1 1]

There is a difference between weddings and marriages. K1 is only concerned with legal marriages. Weddings, on the other hand, have to do with ceremonies--and "weddings" without a government-issued marriage cert/license will not be deemed marriage for K-1 purposes, so you should be all set

[Carlawarla 1]

So, my fiance and I really REALLY want to have a summer wedding. There is little chance that I will obtain my K1 by then, so we were considering having a ceremony and reception without making it legal this summer. I would then return to Canada for my interview and we would get married legally after I get my visa and enter the states. Is this possible or would immigration have a problem with this plan. Please help, we want to start planning and set a date so all the family can be there. Thanks so much!!

You take a risk with this that the US might consider what occurred as a "real" marriage. Firstly, you just applied for a K-1, so depending on where you reside in Canada, you might be looking at your visa not being issued until later this year anyway. You have up until 6 months to use the visa. Once you enter the US, you have up to 90 days to get married, so you could probably have a spring wedding?

Lots of Canadians either have the legal wedding after they arrive, within the 90 days, and then apply for AOS etc., then have a larger more inclusive wedding after that, inviting all the relatives. This you could do, have the reception next summer, as another alternative.

Edited to add...you state your interview would be in Canada, but you list Armenia as the Consulate?

Edited March 24, 2009 by Carlawarla

[Penguin_ie 5,994]

Theoretically, there should not be a problem, as long as you make sure it is not a legal wedding and don't sign any papers. Realistically, you could still run into problems at the interview- several people on VJ have, where the CO didn't believe their wedding was purely ceremonial. Another option would be to delay the via process so yu can get married in the summer of 2010, or g ahead with the K1, do a quickie legal wedding in a court house when you arrive, and then a marriage blessing and reception next summer.

[Otto 83]

So, my fiance and I really REALLY want to have a summer wedding. There is little chance that I will obtain my K1 by then, so we were considering having a ceremony and reception without making it legal this summer. I would then return to Canada for my interview and we would get married legally after I get my visa and enter the states. Is this possible or would immigration have a problem with this plan. Please help, we want to start planning and set a date so all the family can be there. Thanks so much!!

This comes up fairly often - and there are a lot of gray areas involved. The short answer is..'maybe' followed by 'maybe not.'

It all revolves around the K1 being a fiancé visa which means you're coming to get married and stay. The problem(s) you could run into is appearing to be already married by the time the fiancé visa is issued. For example - in many states merely presenting yourselves as husband and wife is enough to be legally married (aka, common law marriage). Should USCIS become aware of this somehow - you've got problems. (And it doesn't solve the potential land mines if you do the same/similar in your country.)

The absolute best advice is to avoid this type of celebration/ceremony until you're ready to come, visa in hand. It is the safest bet.

Flip Side: Have people done this and had no problems? Probably, but I wouldn't want to potentially add complications to an already lengthy process.

Edited March 24, 2009 by Karin und Otto

[Krikit 1,164]

If you use an ordained minister for a ceremony your wedding is deemed legal and binding. Best to discuss this with whomever you are using as the officiant first.

[Lupy 0]

So, my fiance and I really REALLY want to have a summer wedding. There is little chance that I will obtain my K1 by then, so we were considering having a ceremony and reception without making it legal this summer. I would then return to Canada for my interview and we would get married legally after I get my visa and enter the states. Is this possible or would immigration have a problem with this plan. Please help, we want to start planning and set a date so all the family can be there. Thanks so much!!

I wouldn't take a chance with it. Why give them even the smallest reason to deny your K-1? I've read some posts on here from people who have had some serious problems doing exactly what you're considering. I personally wouldn't roll the dice on it. But if you do it I would keep it as quiet as possible.

[lucyrich 20]

There is a difference between weddings and marriages. K1 is only concerned with legal marriages. Weddings, on the other hand, have to do with ceremonies--and "weddings" without a government-issued marriage cert/license will not be deemed marriage for K-1 purposes, so you should be all set

The problem with this theory is that you always have the burden of proof in immigration matters. How are you going to prove that your ceremony wasn't legally binding? The various officers involved, both at the consulate and at the port of entry, may not know the subtleties of marriage law in each jurisdiction. If it comes up that you had some sort of celebration, and if there's room for doubt as to whether that ceremony was a legally binding marriage, you lose.

[Kathryn41 3,205]

Why not have a summer 'engagement party' and reception instead, followed by a small legal wedding in the US after you get the K-1? The problem with USCIS is if it looks like a wedding and sounds like a wedding, it is a wedding even if it isn't legal. There have been a number of individuals who have had only a wedding ceremony in their home countries which were not considered legal by their home countries but were considered weddings by USCIS. They had their K-1s denied and then had to do a legal wedding in their home countries and apply for a CR-1 visa instead. Anything that looks in any way official and has any type of officiant involved is playing with fire for fiancee visa purposes.

[ILuvMyAussieGirl 0]

Like two other posters say, you don't need to tell them about it. You're not concealing anything either. If you get asked, you can briefly say that you had a party to celebrate your engagement. Because that's basically what it is--people came to eat, drink, dance, and have a good time.

Show them some pictures of you wearing an evening gown (not your wedding dress) if they ask. It's not like they send some private investigator to follow you around. It's best to not voluntarily tell them for no reason.

[Krikit 1,164]

There is a difference between weddings and marriages. K1 is only concerned with legal marriages. Weddings, on the other hand, have to do with ceremonies--and "weddings" without a government-issued marriage cert/license will not be deemed marriage for K-1 purposes, so you should be all set

Well, technically, in Canada, as well as in some other countries around the world, if there has been a reading of the banns for 3 consecutive weeks at the parish church there is no requirement to obtain a marriage license but it is still legal and binding.

[Anh map 2,098]

Call it an engagement / bon voyage party. Don't wear a wedding dress. Don't line up with ushers and maids of honor. Just have a great time with family and friends.

Tell them you'll be back after the wedding in the US for a kick a$$ reception where they can bring the expensive gifts.

[reeses16 8]

I know you would like to have your family at your wedding, but no you can not get MARRIED then come into the United States on a FIANCEE visa. Whether you are married in a courthouse or by a minister it IS a marriage. I would recommend an engagement party as others have suggested. Do not wear a wedding dress or otherwise call it a wedding. If USCIS found out about it would will have a huge problem to deal with