Having a non-legally binding wedding before the K1 visa is processed

[harvard 0]

Is it okay to have an ecclesiastical (Church) wedding ceremony in the USA on the VWP visitors visa before the K1 visa has been processed? What are the risks involved at the consulate interview? Will this cause problems when I go for AOS?

[Harpa Timsah 13,258]

I don't know of a church in the US that would do a pretend religious wedding that wasn't also legally binding.

[harvard 0]

I don't know of a church in the US that would do a pretend religious wedding that wasn't also legally binding.

A pastor from the PCA is willing to perform our marriage ceremony on the understanding that once I have re-entered the USA on the K1 we will apply for a marriage licence and have him sign it. The delay will be around 2/3 months between ecclesiastical ceremony and legally binding paperwork filled in.

[LeftCoastLady 441]

Is it okay to have an ecclesiastical (Church) wedding ceremony in the USA on the VWP visitors visa before the K1 visa has been processed? What are the risks involved at the consulate interview? Will this cause problems when I go for AOS?

While going through London is one of the easier consulates/embassies, anything that resembles a wedding really should be avoided until you have the K-1 visa in hand and you're in the U.S. And the fact that you're calling it a wedding could lead to issues. There are more than a few cases of VJers who did a ceremony that was very wedding-like (or had relatives with public Facebook profiles calling it a wedding) and were denied visas because they couldn't prove they really weren't married.

Either dump the I-129F petition process, get really married, file the I-130 petition for a CR-1 visa and then go home and wait or skip the faux wedding altogether and continue on the path to a K-1 visa.

Edited April 23, 2013 by LeftCoastLady

[duraaraa 203]

Is it okay to have an ecclesiastical (Church) wedding ceremony in the USA on the VWP visitors visa before the K1 visa has been processed? What are the risks involved at the consulate interview? Will this cause problems when I go for AOS?

This is super risky. I wouldn't do it if I were you.

[lydiaD 1]

As long as its not legally binding and you don't mention it.... don't put up pics on fb etc how would they find out? Its a grey area avoid it if u can but if not don't publicise it and tell ur family members the same if its nt legally binding its not registered

[harvard 0]

Neither me or my fiance will be on FB during my interview. The only reason I'm asking is (and I'm sure it happens to many others) that many family and friends have already booked flights, booked time off work etc to make the ecclesiastical ceremony. It would cost a lot to postpone the wedding. When we filed, we had advice it would take 5/6 months, but it's more like 8/9 months.

[LeftCoastLady 441]

Neither me or my fiance will be on FB during my interview. The only reason I'm asking is (and I'm sure it happens to many others) that many family and friends have already booked flights, booked time off work etc to make the ecclesiastical ceremony. It would cost a lot to postpone the wedding. When we filed, we had advice it would take 5/6 months, but it's more like 8/9 months.

You're right, it has happened to many others, which is why the VJ K-1 forum mantra is: Don't make plans until the visa is in your hands!

I'm not sure where you got the advice on how long it would take to get the actual visa, but 5-6 months is way off. It takes on average that long (and longer it seems from recent posts) to get the I-129F petition approved. Then, it's another 2 1/2-3 months to get an interview with London.

I would highly suggest contacting the vendors and seeing if they can postpone to a future date that's far in the future. Or, follow my other post upthread and ditch the K-1 path and go for the spousal visa.

[Azsara 110]

Is it okay to have an ecclesiastical (Church) wedding ceremony in the USA on the VWP visitors visa before the K1 visa has been processed? What are the risks involved at the consulate interview? Will this cause problems when I go for AOS?

This is a really bad idea. U need to forget this thought and wait for ur real wedding or abandon ur k1 and get married and apply for a spousal visa. Any sniff of a wedding or what looks like a wedding and you will get a big fat NO.

Is it worth it?

[VanessaTony 3,567]

Neither me or my fiance will be on FB during my interview. The only reason I'm asking is (and I'm sure it happens to many others) that many family and friends have already booked flights, booked time off work etc to make the ecclesiastical ceremony. It would cost a lot to postpone the wedding. When we filed, we had advice it would take 5/6 months, but it's more like 8/9 months.

So at the border, are you telling them you're having a wedding and that's why you're entering? You would most likely be denied entry.

What if they decide to deny you entry anyway?

And the pastor is willing to not sign the documents till later, so what date is he putting on the certificate? It would be a lie (fraud) to put any date except the one that you were actually married on, but putting that date will have you in more trouble for getting married before the K1.

You either just have fake church wedding, NO paperwork completed and then get legally married in a court house, or have another legal church ceremony, or wait all together and just have the one ceremony after your approval, or have the legal wedding and then switch to CR-1.

[dmck 80]

This topics comes up time to time, and I just want to say that this is probably the most risky question for no benefit. Yes all family want to enjoy the ceremony and sometimes it is hard to get everyone together. Wouldn't it be a shame to do that beautiful ceremony only to get denied your visa later?

[harvard 0]

So at the border, are you telling them you're having a wedding and that's why you're entering? You would most likely be denied entry.

What if they decide to deny you entry anyway?

And the pastor is willing to not sign the documents till later, so what date is he putting on the certificate? It would be a lie (fraud) to put any date except the one that you were actually married on, but putting that date will have you in more trouble for getting married before the K1.

You either just have fake church wedding, NO paperwork completed and then get legally married in a court house, or have another legal church ceremony, or wait all together and just have the one ceremony after your approval, or have the legal wedding and then switch to CR-1.

Im already in the country on the visa waiver. At the port of entry I had no intent to marry during this trip, I naively thought the visa would come through in time and that I would go back to the UK then re-enter on the K1. They questioned me at port of entry and were satisfied.

Does anyone actually know of anyone who has been denied the K1 on the grounds of already being married, when there has been no legally binding event or record to point to? In my mind I would just argue that I haven't had a marriage yet, and that I plan to when I enter the USA. Which would all be true.

[NigeriaorBust 4,087]

If you marry , leave, get a K1 and return ( especially if you marry in the US ) They will eventually figure out you entered illegally ( on a visa you were no longer qualified to recieve based on being married already ) They will at that point revoke all immigration benefits that you have gained after entering invalidly. NEVER lie to immigration. If you want to get married , do so , cancel the K1 and file for a Cr1 ( start all over )

[LeftCoastLady 441]

Im already in the country on the visa waiver. At the port of entry I had no intent to marry during this trip, I naively thought the visa would come through in time and that I would go back to the UK then re-enter on the K1. They questioned me at port of entry and were satisfied.

Does anyone actually know of anyone who has been denied the K1 on the grounds of already being married, when there has been no legally binding event or record to point to? In my mind I would just argue that I haven't had a marriage yet, and that I plan to when I enter the USA. Which would all be true.

Do a search on this site and you'll find more than a few examples of people who had "non-legal" ceremonies and were denied...along with a similar refrain of waiting until the K-1 visa is in hand before making any reservations/firm plans:

http://www.visajourney.com/forums/topic/300963-k1-visa-refused-under-section-212-a5a-for-invalid-petition/

http://www.visajourney.com/forums/topic/306181-k1-visa-is-rejected-what-are-the-alternatives-can-i-apply-for-spouse-visa/

http://www.visajourney.com/forums/topic/408019-k1-visa-getting-married-before-the-visa-comes-through/

http://www.visajourney.com/forums/topic/331197-non-legal-religious-wedding-before-k1-visa

http://www.visajourney.com/forums/topic/70350-family-separated-by-immigration-policies/page__st__45__p__943472#entry943472

http://www.visajourney.com/forums/topic/417606-non-legal-ceremony-in-foreign-country/

http://www.visajourney.com/forums/topic/346279-how-can-a-k-1-misrepresentation-denial-be-overturned/

http://www.visajourney.com/forums/topic/235732-help-help-help-k-1-visa-denied/

[F&Z 8]

It definitely does not seem like a good idea to me. If you want to have something for family to attend, why not just some kind of engagement party? Maybe have a barbecue or something very informal so it can't be confused as anything official.