K-1 visa delays, what to do about the ceremony?

[RobL 0]

Hi folks,

My fiance and I (rather naively) started planning our wedding and paying deposits for things thinking 6-7 months was going to be plenty of time to get the K-1 visa in place. In hindsight, that was bad enough but now we've just found out the I-129f petition was rejected due to an "incorrect fee", my fiance overpaid by $10. We only just found this out even though they insist they mailed it back to us three weeks ago.

I'm now in pretty much full on panic mode that we're definitely not going to get the K-1 in place before September. My fiance wants us to keep the booking on the venue and if we don't have the visa she wants us to go ahead with the ceremony without signing any of the papers.

This sounds rather dodgy to me, the last thing I want to do is do something that could lead to me being barred from entering the country at a later date.

Does anyone have any experience of this or any thoughts on what to do?

Thanks,

Rob

[Mrs. NSA 6]

This happens alot, planning the wedding is fine, but setting anything in permanent ink while awaiting is just not reasonable. It took us 8 months from time of filing to get our visa then another month, due to setting actual dates to be married. I am really sorry about your I-129 being returned, but if that is the case you will be starting all over. My husband and I were so excited when he got here with only a week between the actual time he landed and our wedding date, we were in full on mode and somehow in all the excitement forgot to file for a marriage license, I was horrified. We went through with the ceremony and then just signed the papers a few days later. To the government we were married on Nov 25th, to us our anniversary will always be Nov. 19th. I think going through with the ceremony will be fine, I wouldn't however, say you are married to any thing that has to do with your case till you have actually filed your marriage license. That is your wedding date as far as they are concerned, until then you aren't husband and wife.

[cdneh 3,112]

I would not take the chance. If you file again now, or shortly, it might be December or into the new year before it is approved and you get the medical and all and get to the USA. If there is a slow down, which happens near the end of the year, it might be longer.

It simply isn't worth the risk to me, or the trouble that ensues if they get an inkling that you are married, and trying to enter on a K1. If she can't move the date on the venue, you ought to cancel.

[Mrs. NSA 6]

Just to state.... I never said ACTUALLY MARRY, only said you can have ceremony. You aren't considered Husband and wife until you have your marriage license signed period. As cdneh said, actually marring would not be good. You can always start the CR-1, go ahead with plans marry and then instead of k-1 do CR-1. In my opinion that takes longer in the end. Follow your gut, money from cancellations will suck, but it doesn't change what your ending result will be. Have y'all tried talking with the venues. My Venue was really nice, I told her our situation and she was more then willing to work with me. We did pay in full though, so she knew it was money made either way.

[Texas22 50]

I'm not sure which U.S Service Center your petition was filed at... but there are delays now in the petitions being processed. Vermont went from a 5 month processing time to 8.7 month processing time for a K1 / K2 Visa. I know this because we are also waiting for our NOA2...

I was hoping to move sometime in Sept / Oct.. but now I'm thinking that isn't going to happen.

Edited April 26, 2012 by Texas22

[Penguin_ie 5,984]

There is a chance if you have a ceremony, they will see you as married and deny the K1 visa, maybe even allege miss-representation. It happens more in high fraud countries, but it could happen to you. Personally, I wouldn't chance it.

Can you/ her talk to the venue and see if your deposit could be carried over to sometime next year?

[benoi027 3]

Hi, we had a somewhat similar situation... After speaking to an (apparently idiotic) lawyer, we felt comfortable setting a wedding date for a little over 7 months after filing for K1. While we hadn't yet put down deposits (it was to be in a small town), we had already sent out "save the dates" before doing a little math and realizing the visa likely wouldn't be approved in time. We then considered having the reception and a 'ceremony' for show, then signing the papers later. HOWEVER, after speaking to a few other lawyers, I was informed that as the approval date gets closer, petitioners are more likely to be denied entry to the US. There was a chance I would be denied entry when going to my own wedding, and this wasn't a chance we wanted to take!

Apparently, officers think petitioners are more likely to be immigrating the further along they are in the process- seems backwards to me, because why would anyone go through this entire process only to skip out at the very end??

I'm not sure what deposits you've already put down, but consider the upcoming costs to you and your guests (e.g. further downpayments, family/friends booking trips/vacation time, etc). You'll have to decide if that chance is worth taking... it wasn't for us, so we called all our guests and for now, everything is on hold. We'll have a civil ceremony ASAP once the visa arrives so we can file paperwork sooner, then start planning a bigger reception.

It kindof takes the wind out of your sails as an engaged couple, but it does teach you to 'go with the flow' a bit... yeesh...

Good luck!

[EvilSquee 7]

Talk to your vendors. As long as you are giving a reasonable amount of notice and still want to use the same places most will let you change the date. Not sure how many deposits you've put down but I'd talk to the big ones first (ex: the reception hall). When I put down my deposit on the hall I made sure to ask if I could change the date if necessary to another open date and they were fine with that. Then I'd recommend not rebooking a date until you at least have an approved NOA2 in hand. Go for the big vendors with large deposits first, and worry about ones that have smaller deposits (ex: cake baker) last. You may need to settle for a Friday wedding, etc in order to get an open date that works for as many of them as is possible but you should be able to keep from losing desposits on all and having to start over.

[didopage 337]

There is a chance if you have a ceremony, they will see you as married and deny the K1 visa, maybe even allege miss-representation. It happens more in high fraud countries, but it could happen to you. Personally, I wouldn't chance it.

I agree with it. I would say, if you can't or don't want to move the wedding date, forget the K-1 process, get married as planned and file for the CR-1/IR-1 visa. You will be apart for some time but that's safer.

[baron555 934]

Hi folks,

My fiance and I (rather naively) started planning our wedding and paying deposits for things thinking 6-7 months was going to be plenty of time to get the K-1 visa in place. In hindsight, that was bad enough but now we've just found out the I-129f petition was rejected due to an "incorrect fee", my fiance overpaid by $10. We only just found this out even though they insist they mailed it back to us three weeks ago.

I'm now in pretty much full on panic mode that we're definitely not going to get the K-1 in place before September. My fiance wants us to keep the booking on the venue and if we don't have the visa she wants us to go ahead with the ceremony without signing any of the papers.

This sounds rather dodgy to me, the last thing I want to do is do something that could lead to me being barred from entering the country at a later date.

Does anyone have any experience of this or any thoughts on what to do?

Thanks,

Rob

We went to the county courthouse, in our best jeans, and with the 2 year old as our only other witness, were officially and legally married as husband and wife.

All of our family are very happy for us.

After the wedding, we went shopping for all the fixin's for homemade spaghetti sauce and did just that later on in the evening, sharing a bottle of wine (married on Dec 31).

No one has been offended on what we did and that they were not "invited" to a bid ceremony and banquet.

If you have real family and friends, the would feel the same.

[Gary and Alla 3,694]

Does anyone have any experience of this or any thoughts on what to do?

Thanks,

Rob

Thousands of people have experience with it. Do not make any plans until the visa is in your hand.

Anything else is at your own risk.

Edited April 28, 2012 by Gary and Alla