"Fake" Marriage in Nicaragua

[jlee 2]

Thank you, you've been very patient and kind I really appreciate your help in all this. I'm going to sit down and talk with her next week when I'm down there about it. !!!

[Darnell 8,478]

You may be eligible for 'military expedite' as well, depending on your deployment status.

[sachinky 464]

No problem! Good luck with everything!

[jlee 2]

I wish I was on "military expedite" but I am not deploying anytime soon (I can say that now but you know it can switch on the flip of a coin). What I am afraid of is my I-134 (AOS). In the "past" 3 tax return statements I made/make very little, however after my military school I make around 4,500 a month (avg..70k/less w/ taxes) a year. Will they cut me some slack on that?

Edited May 19, 2010 by jlee

[Bernie C 24]

Hello everyone!

Well, don't know if my question was asked before and I did try to search and read several posts, but didn't find any of my nature. Basically, my fiancee and I want to get married by this year (December) "hopefully" if we can get the filing back quickly (I hear being an officer in the military expedites the process due to proof being much easier to validate?)..

Well my question is the following:

I would like to have my wedding in Nicaragua though not "Legally" in Nicaragua so that I can apply for the K-1 via the U.S. I understand that if I get a legal marriage in Nicaragua I would have to go through a whole different process of paperwork (confirm/deny please?) and I'd like to deviate from that. However my fiancee is telling me she believes that I need to do it LEGAL, but I doubt that since I know of a friend who also did a wedding/reception there without having to do any legal paperwork of Nicaraguan nature.

The reason I would like to have the real wedding in Nicaragua and the Court-style wedding here is because she has all her family/friends and while myself, I only have my immediate family with me (Mother, sister, grandmother and uncle) my friends have either been deployed or stationed in other countries and the rest are off in their own world (studying, getting married, etc..) so I see it much more fitting to have the reception in Nicaragua and simply fly my family there.

If anyone can comment and/or contribute their information or experience, I would greatly and wholeheartedly appreciate it.

Thank you,

2LT Lee, Javier

Hey LT!

Just wanted to share my experience on this with you. I know many people are against it and there are lots of different opinions but we did what you are talking about in Vietnam.

I visited and we were engaged in Jan 09. I returned in Apr 09 and we had a full blown traditional Vietnamese wedding ceremony (we did not register the marriage). We had over 350 guests and I would not change a thing. It was important to honor her family and it was one of the most wonderful experiences of my life.

When I returned home I sent in our I-129f petition. I disclosed everything about the event and even included photos from the wedding and picture day. In my letter included with the petition I explained everything very thouroughly and that we did not register the marriage and that we were free and legal to marry within 90 days of entry on the K-1 visa.

I dont know if we were just lucky or if it was my disclosure and explantion up front that gave us no problems. We were never questioned about it or given a hard time (and Vietnam is a very difficult consulate).

I returned again in Sept 09 and finally in Dec 09 and stayed intil Jan 2010 during which time her visa was approved and we came to the US.

I am not going to say this is the right way or best way, just sharing my experience to show that it is possible.

[BinhJerome 14]

I do not know about that consulate, but in Vietnam a Dam Hoi is an engagement party, and many people including myself had a Vietnamese wedding without any of the paperwork. We were still denied, but that was not an issue with our denial, and many people have done it with HCMC (arguably one of the toughest consulates) and have had no problems. Some people have had problems, but I think it was other issues that actually caused them. I say you are fine to have a ceremony of sorts, just dont sign any papers and you should be fine. It actually shows that you are wanting to be apart of her family, and most people know that their family will not be able to come to America for a wedding, so to have a ceremony there is just respect. Good luck in your decision, Jerome and Binh

[BinhJerome 14]

Interesting and thank you for the headsup on that! I will look into the CR-1 visa, any idea how far it deviates from the process of the K-1?

Processing time is about the same as a K1, and the CR1 is much cheaper. It just depends on how you really feel about your relationship in general. Not meaning if you have doubts, but all of the what if's and maybes that come along with any visa petition. If you file a CR1 and are denied, there is not much you can do accept refile, but if they think it is a sham relationship, it will be hard to disprove their feelings. However if you file a K1 if they deny you, you can address all the reasons, then get married and try for a CR1, or refile the K1. No matter if it is a fiancee or a Spouse visa, you can be denied. Just look at the big picture talk it over with her, and prepare for the worst and hope for the best. That is my take on it. The other issues for a CR1 involve how long you have known each other, how you met, so on and so on. If it is a shorter relationship, it looks more shady, and a K1 is probably a better choice, but if you have made multiple trips and known each other for years, then the same could be said if you file the K1, they might ask why you have made so many trips, and known each other for so long yet not married? This is the main thing you need to look at when choosing what visa to file. If a person gets married on the first trip after only knowing each other for 4 months or less it looks very strange, and if a person has been there 4 or 5 times and stayed for a month or more multiple times, then the question is reversed. Good Luck Jerome

[jlee 2]

Thank you jeromebinh and Bernie for your input and knowledge. Awesome that you did this as well Bernie, and that is basicaly what I am looking at doing (not registering the wedding). However should I report the "unregistered ceremony" at all?

Looks good on the 2 visas, I am going to go with the K-1 first then CR-1 if all else fails, however I'm sure I"ll be approved, we've been dating for about 8 months and engaged as well, been there 6 times already Thanks guys again!

[RPS 1]

Thank you jeromebinh and Bernie for your input and knowledge. Awesome that you did this as well Bernie, and that is basicaly what I am looking at doing (not registering the wedding). However should I report the "unregistered ceremony" at all?

Looks good on the 2 visas, I am going to go with the K-1 first then CR-1 if all else fails, however I'm sure I"ll be approved, we've been dating for about 8 months and engaged as well, been there 6 times already Thanks guys again!

One thing to consider between K-1 and CR-1 is the working permits/green card. If working is not an issue K-1 is good, but if future spouse wants to work immediately CR-1 has more benefits. We were married legally outside of the US and are finishing up CR-1. Either way it's an arduous process, and I had to go to there to be with my husband since he cannot yet enter the states. We'll probably have a re-wedding sometime soon since one of our witnesses was a stranger

[milimelo 4,234]

I wish I was on "military expedite" but I am not deploying anytime soon (I can say that now but you know it can switch on the flip of a coin). What I am afraid of is my I-134 (AOS). In the "past" 3 tax return statements I made/make very little, however after my military school I make around 4,500 a month (avg..70k/less w/ taxes) a year. Will they cut me some slack on that?

If you're military, all you have to prove is 100% (instead of 125%) of poverty level.

[jlee 2]

The biggest problem with the C1 visa is that I won't be able to stay in Nica for even more than a week due to military so K-1 seems best. I don't get the 100 percent vs 125 statement but I will read into that Thank you!

[JimVaPhuong 4,863]

Thank you jeromebinh and Bernie for your input and knowledge. Awesome that you did this as well Bernie, and that is basicaly what I am looking at doing (not registering the wedding). However should I report the "unregistered ceremony" at all?

Yes, you absolutely should report the ceremony. In fact, you should provide detailed information about it with the petition package, and make it absolutely clear that the ceremony was not a legally binding wedding. This may be your only chance to explain it, since the consular officer isn't required to accept any evidence or listen to any explanations, nor is there any requirement that any evidence offered or explanations given at the interview be placed in the case file.

In every case I can remember, where the beneficiary was denied a visa for having had a wedding ceremony prior to the interview, the wedding ceremony was discovered during the interview and not declared in the petition package. This makes it "new" evidence which USCIS didn't know about when they adjudicated the petition, and therefore grounds to deny the visa.

There are two government agencies involved in this process - USCIS, which is Department of Homeland Security, and the US consulate, which is Department of State. Each agency has it's own role, and cannot assert it's authority over the other. USCIS is responsible for determining if the petitioner and beneficiary meet the minimum requirements to apply for a visa. The foreign consulate is responsible for determining if the beneficiary is inadmissible or ineligible for the visa. Neither agency can override the decision of the other. USCIS cannot force a consulate to issue a visa, and a consulate cannot revoke the approval of a petition.

When a consulate denies a visa because they've discovered a wedding ceremony took place, they are claiming that the petitioner and beneficiary are not free to marry because they are already married. They are also claiming that the petition never should have been approved because the petitioner and beneficiary didn't meet the minimum requirements. However, the consulate doesn't have the authority to revoke the approval of the petition, so they send it back to USCIS with a recommendation to revoke the approval of the petition.

This is precisely why you must declare the wedding ceremony in the petition package.

If USCIS approves the petition, in spite of the fact that the non-legal wedding ceremony was declared, then they have determined that this fact does not make the beneficiary ineligible to apply for a visa. The consulate cannot readjudicate this decision, and it would not be valid grounds to return a petition to USCIS for a reason which USCIS had already determined does not disqualify the petitioner and beneficiary. In effect, this disarms the consulate by taking away a potential reason for denial. This is one of the strongest arguments for 'frontloading' a petition with evidence to explain anything the consulate might determine is a red flag, or potential reason to deny.

The biggest problem with the C1 visa is that I won't be able to stay in Nica for even more than a week due to military so K-1 seems best. I don't get the 100 percent vs 125 statement but I will read into that Thank you!

A qualifying sponsor must usually have income which is at least 125% of the federal poverty guidelines for their household size (which includes the beneficiary). Active duty military only need income of 100% of the federal poverty guidelines. You can see the current guidelines here:

http://www.uscis.gov/files/form/i-864p.pdf

[jlee 2]

Wow! Great information! I will definitely use that and declare. Thank you!! (Just worried I'll be denied for having the ceremony once declared by both agencies) but if so I'm sure I can do CR-1

[jlee 2]

Also I'd like to throw another idea/ sugestion in there. What if we go through the whole K-1 process, she becomes approved and is ready to come over, and THEN we have the ceremony. How would I declare that? Or would I if she's already been approved? Let me know about this idea

[Bernie C 24]

I think you already got this straight but just putting it here again in simple terms.

If you pursue a K-1 visa - you must wait until your finacee enters the US on the K-1 visa to get LEGALLY married and do so within 90 days. If you were to get LEGALLY married at any point prior to her entry to the US then the K-1 visa is null and void and you'd have to start over with the CR-1.

If you pursue a CR-1 visa you must wait until you are legally married before you can start the application process.

I think Jim's post very thoroughly covers the "reporting the ceremony" question.