Marriage before K1 Interview

[luvaLimey 0]

YES BUT YOU NEED TO PROVE THAT YOU WANT TO GET MARRIED BY PROVIDING EVIDENCES SUCH AS CATERER QUOTES!!!

How do you solve the catch 22???

Hi. What about the couples who decided to elope once their fiance is here, those who don't want a big schmexpensive catered wedding, or those who were going to make their plans AFTER the visa was issued. USCIS takes that into account. Caterer quotes do not prove intent to marry. If anything, they just prove that the person planning the wedding is being suckered into throwing a big, expensive bash so they can start their married life in debt up to their ears (or so their parents have a good excuse for getting that 2nd mortgage they'd always dreamed of).

[qqq777iii888 0]

DO NOT PLAN YOUR WEDDING BEFORE YOU GET YOUR VISA IN HAND!

(And don't whine if you do and end up with a scrwewed up wedding, screwed up visa or worse.)

Thats great.. real productive.. i wish we all could have the powerful hindsight you obviously posess and never make a slightly off coloured decision in our lives, especially a decision based on love, excitement, <now badly made> assumptions that everything will go how you woudl like it to and apparently leaving plenty of time to spare,

My post was to try and rectify a mistake i have made and recognised, didnt you see that at the start of the post ?

Anyway, thankyou all those who posted helpul advice in response to my obvious 'whining'.. as a result of the constructive replies, i just realised that the justice of the peace who is conducting our ceremony is a friend of my fiances sister, so now i have someone who might be able to help me with any legal questions about the ceremony

If you ask for advice, then take it all in. Dont critisize someone trying to help you. You want honest opinions dont you???

That is despite MY feeling that if you did only a religeious BEFORE GOD ceremony with NO paperwork, then you really didnt get married and it shouldnt be a problem, again that is just my opinion. Better to talk to a imm. lawyer.

Thanks again

[MN&UK 0]

Some friends of ours did what you are thinking of doing... they had the church wedding but did not sign anything with a plan to get married here in the states in front of the local Judge... at their K1 interview they were honest and explained what they had done.... the interviewr asked if it was a normal wedding service as done in the Church of England... it was...at that point the interviewr informed them that even if they did not sign anything the were married and that it was recognised as such under UK Law.... the are now waiting for K3....

Be very careful is all I can say....

Kezzie

How does the Church of England or their traditions have jurisdiction in say, Ohio or Massachusetts? You are having a ceremony on US soil, correct? A marriage license dictates whether a marriage is legitimate in the eyes of the state. If I exchange vows on some U.S. mountain top with a warlock, am I married and should apply for a K-3 and can I get spousal health care benefits? I think not. There is supposed to be a seperation b/t church and state I know that is not always the case, but you should be able to celebrate your love and committment however you want.

Have the party, buy the dress, have the cake and eat it, but don't get the marriage license without the visa. Get 'married' in the judges chambers.

So if they are going to have a Justice of the peace do a service for them here in the US, will the Justice of the Pease require a marriage licence to do this??? if he does then it is a legal marriage is it not???

Kezzie

Of course, I don't think that any judge would celebrate a marriage without a marriage license! But we were not talking about marriages celebrated by judges, we were talking about religious marriages, and that in some way a couple can talk to the priest so the ceremony would be just that a ceremony that's not legally binding.

That's what I think, I'm not an american lawyer.. so I don't know the answer for what you're asking! I wish I was a lawyer in the US! Then I could be an immigration lawyer and make lots of money!

Judges get paid for their services and it is no skin off their back if they don't sign the license on the spot. They are accomodating too.

Edited August 3, 2006 by MN&UK

[*Robert* 2]

DO NOT PLAN YOUR WEDDING BEFORE YOU GET YOUR VISA IN HAND!

(And don't whine if you do and end up with a scrwewed up wedding, screwed up visa or worse.)

YES BUT YOU NEED TO PROVE THAT YOU WANT TO GET MARRIED BY PROVIDING EVIDENCES SUCH AS CATERER QUOTES!!!

How do you solve the catch 22???

(It is said everywhere that you have to prove:

That the couple previously met within the two (2) years of the date of filing the petition, UNLESS A WAIVER IS GRANTED;

That the couple has a bona fide intention to marry; AND

The couple is legally able and actually willing to conclude a valid marriage in the United States within 90 days after the foreign fiancee’s arrival.)

You only have to prove you have a bonifide relationship an are both legally able to get married.

In addition to NOT getting married prior to the Interview, a K-1 Visa is invalid if you get married prior to ENTERING THE US, even if it has already been issued!!!

Edited August 3, 2006 by roi_aggie

[luvaLimey 0]

Some friends of ours did what you are thinking of doing... they had the church wedding but did not sign anything with a plan to get married here in the states in front of the local Judge... at their K1 interview they were honest and explained what they had done.... the interviewr asked if it was a normal wedding service as done in the Church of England... it was...at that point the interviewr informed them that even if they did not sign anything the were married and that it was recognised as such under UK Law.... the are now waiting for K3....

Be very careful is all I can say....

Kezzie

How does the Church of England or their traditions have jurisdiction in say, Ohio or Massachusetts? You are having a ceremony on US soil, correct? A marriage license dictates whether a marriage is legitimate in the eyes of the state. If I exchange vows on some U.S. mountain top with a warlock, am I married and should apply for a K-3 and can I get spousal health care benefits? I think not. There is supposed to be a seperation b/t church and state I know that is not always the case, but you should be able to celebrate your love and committment however you want.

Have the party, buy the dress, have the cake and eat it, but don't get the marriage license without the visa. Get 'married' in the judges chambers.

Hi. I think you're missing the point that a Church of England ceremony was considered a legal marriage in that petitioner's country of origin. A ot of people make those suggestions to have a religious ceremony, or an engagement ceremony or some other binding ceremony in order to appease family in the other country, but they need to be sure that that ceremony wont be considered a legal marriage in that originating country, becuase if it is, they wont be granted the K1.

And yes, they were planning on doing it here, where it isn't legally binding if there's no documentation (this is why they can't prosecute the Polygamists under the Anti-Bigamy laws: they aren't legally married to all those women). But again, if the adjudicating officer at the consulate thinks it was an actual marriage, they might be on iffy territory.

The best course of action is to do as they are doing: to contact the consulate and find out one way or the other how they will view a non-legal ceremony here in the States.