Jump to content

17 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Vietnam
Timeline
Posted
Hello everyone, do you know if after sending the I-129F I could get marry in my fiancee country only by religuos wedding ceremony, not the civil one?

Thanks.

Sure, if you like seeing your visa denied! :blush:

Ok, it's not really that simple. There are many variables. If the officiant (pastor, priest, rabbi, imam, etc.) is licensed to perform legal weddings, then the wedding could be considered legal by the consulate. They could deny the visa based on the presumption that you are already married. People have had their visas denied just for showing the CO pictures of a ceremony, without the CO even giving them an opportunity to explain that the ceremony wasn't legally binding. Yes, you could appeal the decision once your petition makes it back to USCIS, but why would you want to invite this challenge?

You are playing with fire here. You're pushing the boundaries of the technical requirements of the K1 so that you can do this the way you want to do this, rather than the way the US government wants you to do it. The problem is that this presumes the CO is going to be reasonable person, and listen to your explanations. The reality is that the CO is often not reasonable at all, and they presume everyone who stands in front of them is a visa scammer (they are actually required by law to presume this). The best advice is not to do anything that will raise any red flags in your case as you may not get a chance to address those red flags at the interview.

In my opinion, it isn't worth the risk. Wait until you have the visa.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: Citizen (apr) Country: Canada
Timeline
Posted

The wedding cannot be a legal marriage in the country where the ceremony takes place. Once you're married, you do not qualify for the I-129F.

good luck.

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: K-1 Visa Country: Vietnam
Timeline
Posted
The wedding cannot be a legal marriage in the country where the ceremony takes place. Once you're married, you do not qualify for the I-129F.

good luck.

Minor point... they would not qualify for the K1. They would still qualify for the K3, which also uses the I-129F.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Posted
Hello everyone, do you know if after sending the I-129F I could get marry in my fiancee country only by religuos wedding ceremony, not the civil one?

Thanks.

If it is important for you, then get marry and file for a CR-1 or K3 visa. Don't get marry and apply for a K1, or you will be in a mess!!!

Filed: Citizen (apr) Country: Canada
Timeline
Posted
Minor point... they would not qualify for the K1. They would still qualify for the K3, which also uses the I-129F.

Sorry, I should have been clearer, but since this post was on the K-1 forum, I figured we all knew the I-129F in this situation was for the K-1.

OP - Good luck, I wouldn't risk anything that might be interpreted as a marriage at this point. Waiting is tough, but reapplying is tougher

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: Country: Ukraine
Timeline
Posted
Minor point... they would not qualify for the K1. They would still qualify for the K3, which also uses the I-129F.

Sorry, I should have been clearer, but since this post was on the K-1 forum, I figured we all knew the I-129F in this situation was for the K-1.

OP - Good luck, I wouldn't risk anything that might be interpreted as a marriage at this point. Waiting is tough, but reapplying is tougher

Thanks to everybody for your help :)

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
Hello everyone, do you know if after sending the I-129F I could get marry in my fiancee country only by religuos wedding ceremony, not the civil one?

Thanks.

Here is the problem, as I see it. You CANNOT "get married" while pending a K-1 visa. YOU CAN NOT! If you do it is "null and void" and you re-apply for a K-3 or CR-1.

Relgious ceremonies are recognized in the USA IF a marriage license is issued. Religious cermonies in Ukraine are NOT reognized by the government. HOWEVER, you will find it next to impossible to find an Orthodox Preist that will perform a religious ceremony in Ukraine unless you have FIRST had a legal civil wedding. They simply will not "go through the motions" and have you walk out of their church "unmarried" Those guys take the whole religious thing and the SACRAMENT of marriage pretty seriously. I don't blame them. I am not a religious person but I respect other's beliefs and I respect deeply the institution of marriage. Were I a Priest and you asked me to perform a phony ceremony, I would uncermoniously toss you out of my church and tell you never to come back and then need a confessional for all the bad words I said in the process!

So, if you can find a church and Minister that wants to play this silly game, go for it. If the state department finds out about it your visa could be denied. They do not have to "prove" you are married to deny the visa. YOU have to prove you aren't. Ever try to prove something that doesn't exist?

On the other hand I have no feelings against the practice of getting a civil wedding and THEN having a religious ceremony (the common practice in Ukraine) , since when you walk away from that alter, you ARE married.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
Hello everyone, do you know if after sending the I-129F I could get marry in my fiancee country only by religuos wedding ceremony, not the civil one?

Thanks.

Here is the problem, as I see it. You CANNOT "get married" while pending a K-1 visa. YOU CAN NOT! If you do it is "null and void" and you re-apply for a K-3 or CR-1.

Relgious ceremonies are recognized in the USA IF a marriage license is issued. Religious cermonies in Ukraine are NOT reognized by the government. HOWEVER, you will find it next to impossible to find an Orthodox Preist that will perform a religious ceremony in Ukraine unless you have FIRST had a legal civil wedding. They simply will not "go through the motions" and have you walk out of their church "unmarried" Those guys take the whole religious thing and the SACRAMENT of marriage pretty seriously. I don't blame them. I am not a religious person but I respect other's beliefs and I respect deeply the institution of marriage. Were I a Priest and you asked me to perform a phony ceremony, I would uncermoniously toss you out of my church and tell you never to come back and then need a confessional for all the bad words I said in the process!

So, if you can find a church and Minister that wants to play this silly game, go for it. If the state department finds out about it your visa could be denied. They do not have to "prove" you are married to deny the visa. YOU have to prove you aren't. Ever try to prove something that doesn't exist?

On the other hand I have no feelings against the practice of getting a civil wedding and THEN having a religious ceremony (the common practice in Ukraine) , since when you walk away from that alter, you ARE married.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: IR-1/CR-1 Visa Country: Guyana
Timeline
Posted
Hello everyone, do you know if after sending the I-129F I could get marry in my fiancee country only by religuos wedding ceremony, not the civil one?

Thanks.

Here is the problem, as I see it. You CANNOT "get married" while pending a K-1 visa. YOU CAN NOT! If you do it is "null and void" and you re-apply for a K-3 or CR-1.

Relgious ceremonies are recognized in the USA IF a marriage license is issued. Religious cermonies in Ukraine are NOT reognized by the government. HOWEVER, you will find it next to impossible to find an Orthodox Preist that will perform a religious ceremony in Ukraine unless you have FIRST had a legal civil wedding. They simply will not "go through the motions" and have you walk out of their church "unmarried" Those guys take the whole religious thing and the SACRAMENT of marriage pretty seriously. I don't blame them. I am not a religious person but I respect other's beliefs and I respect deeply the institution of marriage. Were I a Priest and you asked me to perform a phony ceremony, I would uncermoniously toss you out of my church and tell you never to come back and then need a confessional for all the bad words I said in the process!

So, if you can find a church and Minister that wants to play this silly game, go for it. If the state department finds out about it your visa could be denied. They do not have to "prove" you are married to deny the visa. YOU have to prove you aren't. Ever try to prove something that doesn't exist?

On the other hand I have no feelings against the practice of getting a civil wedding and THEN having a religious ceremony (the common practice in Ukraine) , since when you walk away from that alter, you ARE married.

If your wedding being religous, it should not void nothing because you are still not legally married by law or registered as being married in the country.....Thats your religion.....

*********************

Time line for I130.

01-25-06 - Got married in Guyana

02-06-06 - Mailed I130 to VSC

02-09-06 - VSC received I130

02-14-06 - Received NOA1

07-09-09 - Became USC

07-12-09 - Mailed VSC with upgrading petition.

07-13-09 - VSC received mail.

07-14-09 - Case shows online change, but does not state what.

09-09-09 - NOA2 email.

09-09-14 - NOA2 Hard Copy

*********************

NVC Journey

2009-09-17 : NVC received case

2009-09-18 : Case # assigned

2009-09-25 : DS-3032 and AOS bill generated

2009-09-25 : AOS PAID

2009-09-25 : DS-3032 emailed

2009-09-28 : Mailed hard copy of DS3032

2009-10-03 : DS-3032 accepted

2009-10-05 : IV Fee bill generated

2009-10-05 : IV bill PAID

2009-10-09 : AOS packet sent to NVC

2009-10-22 : IV packet sent to NVC

2009-11-04 : NVC Login Fail

2009-11-06 : Case complete at NVC

Interview Date : Dec 02, 2009 @ 7 am.

Glory be to GOD !!!

Filed: K-1 Visa Country: Afghanistan
Timeline
Posted

I have a simple question for you guys about this. I am sort of in the same boat as OP.

How would the consulate know that you are married or not??

------------

I-129F Sent : 2009-07-27

I-129F NOA1 : 2009-07-30

I-129F NOA2: 2009-10-07

I-129F NVC Receipt: 2009-10-14

I-129F NVC sent to Consulate: 2009-10-14

I-129F Consulate received: 2009-10-19

I-129F Consulate Interview Date set: 2009-01-08

I-129F Interview Date: 2009-02-08

I-129F Visa Issued: 2009-02-09

She is coming here ....: I am buying tickets...

and

Waiting....

------------------

Posted
I have a simple question for you guys about this. I am sort of in the same boat as OP.

How would the consulate know that you are married or not??

As Gary and Alla said it's not up to the consulate to prove that you are married, it's up to you to prove that you are not married. Slipping at the interview and calling your fiance your wife/husband, wearing your wedding ring... things like that can be enough evidence that you are married and instant denial.

I personally wouldn't risk it.

12/31/2009 - Marriage

07/21/2010 - AOS approved

08/04/2010 - Green Card received (and it's actually green!)

05/30/2012 - Sent ROC packet to VSC

06/08/2012 - Received NOA1 for ROC (Dated 06/04/2012)

Filed: AOS (apr) Country: Morocco
Timeline
Posted

Ok so i just read "wearing a wedding ring"

We exchanged rings when we got engaged and we still wear it.. BUt we are not married... Should he remove it for the interview... in our emails and snail mail he calls me his wife and i call him my husband ... but we know it is a justa gesture of ours.... GREAT now i am terrified we cold get denied cos i sent some of the emails and snail mail in with the package.....

Can this process get any more nerve wracking.... i am going to throw in the towel soon..... i thought reading all the info on here was comforting but as it goes on it just gets worse................. !!!!!!!!!

AMANA.

WITH ALLAH ALL THINGS ARE POSSIBLE!!! ALHUMDILALLAH

Filed: Citizen (apr) Country: Canada
Timeline
Posted
I have a simple question for you guys about this. I am sort of in the same boat as OP.

How would the consulate know that you are married or not??

The K-1 visa is only the first stage of a 3 stage process that will allow you to live in the US. The K-1 gives you permission to enter the US in order to get married and apply for the 2nd stage - permission to remain in the US. Entering the US on a K-1 only gives you legal status in the US for 90 days whether you get married or not. Once you are married you have to apply to adjust your status from a non-immigrant fiance to an immigrant using the "Adjustment of Status" application. Part of this process includes providing proof of the date of marriage and that proof needs to be from the US and within the 90 days of entry. Telling US immigration that you are still single when you are in fact married is considered misrepresentation and carries a life time bar from entering the US. If you get married before you enter the US and use a K-1 visa to enter the US, then that is considered visa fraud and again, you will find yourself removed from the US for misrepresentation and barred from re-entry. If somehow you 'get away with it' at the AOS stage, after 2 years you have to go back to USCIS and prove the validity of your marriage once again because your status is only conditional for 2 years. If at any stage during the immigration process your lie or your true state of marriage prior to entry on a K-1 is discovered you will be deported and barred from rentry to the US for life, even if you have already become a citizen.

Lying to immigration is one of the most serious offences you can commit and is definitely not worth the consequences. USCIS has ways of knowing and you don't want to risk your marriage or future happiness by trying to play games with them at the start of the process.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Posted

Lots of very opinionated posts on this thread.... let's take a moment and separate fact from opinion.

FACT: Some consulates in countries where religious ceremonies are not afforded any civil recognition actually advise K-1 applicants that a religious wedding ceremony in country is okay, because the K-1 applicant is still legally free to marry.

FACT: The legal standard for issuance of a K-1 visa is legal freedom to marry a US citizen petitioner who is likewise legally free to marry. If you meet that standard, you are eligible for the K-1 visa.

Improved USCIS Form G-325A (Biographic Information)

Form field input font changed to allow entry of dates in the specified format and to provide more space for addresses and employment history. This is the 6/12/09 version of the form; the current version is 8/8/11, but previous versions are accepted per the USCIS forms page.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...