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K1 Filed, can we do a wedding ceramony and not register it?

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Filed: K-1 Visa Country: India
Timeline

Hi everyone,

I know this thread is old, but I've just started my K-1 petition process, and I still feel a little confused on the answer to this question. My fiance and I met online through a matrimonial website. We fell in love with each other, and told our parents about it. My family lives in the USA, and her family lives in India. Both families talked on Skype and reached conclusion that both wanted to go forward with the engagement, but first wanted to meet in person. So my mom and I flew to India, met the family, got engaged in a small family function, and then I flew back to USA and filed the K-1 visa. The process may take some time (as we all know :P ), but my whole family was going to travel to India in November (we made this plan even before I met my fiance). So we decided "why don't we have our wedding ceremony in November itself since we'll all be there anyways." So although the K-1 visa petition has been filed, we are planning on conducting our wedding ceremony in India, BUT NOT REGISTERING IN THE COURTS!

Now my fiance and I aren't experts on what constitutes as a LEGAL marriage in India. We can of course ask court members or lawyers there, but I just thought I would ask people on this forum instead in case someone already found out this information. So sorry for the long lead in.. but my basic question is:

In India, if we have a wedding ceremony with a priest and "ferahs" and all and NOT register in the courts, is this a legal marriage or not? I understand of course that my fiance should not provide any photos or evidence of this ceremony to the consulate because they might consider this as marriage regardless of the legal aspects of it. Just wondering in case they find out somehow, then my fiance should know how to defend herself.

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Filed: Citizen (apr) Country: Canada
Timeline

~~~~thread split from zombie thread~~~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: K-1 Visa Country: India
Timeline

Wth.

Jus marry her and file cr1

Lying to uscis is not good idea.

And asking for help to commit visa fraud is no bueno either..

So forget k1

like I said, we're not going to register in court... how is that visa fraud? even if we conduct the religious ceremony, as long as the government does not takes that as a legal marriage until we register it, then how is it fraud?

However, if the government does consider religious ceremony as a legal marriage, then I understand. that's why I'm asking before we go forward with this plan. so understand what i'm saying before you start telling me i'm going to commit a crime..

Edited by sashah2006
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Filed: K-1 Visa Country: India
Timeline

Avoid being defensive, please. There are many other threads on the same subject (available through a search). In short, doing what you propose is so bad an idea that it's perhaps the worst thing that I-129F filers could do, aside from referring to each other as "husband" and "wife" in e-mails that USCIS or the consulate will see.

I did do a search on this topic and posted in another thread but the mod moved my post into a new thread. but if you also go and see, there are people who posted that as long as the marriage wasn't registered into the courts, then technically you weren't married.. just to clarify this point i posted this question..

i guess based on your answer it's not ok to do even if you don't register in the courts.. that's all i wanted to know.. thank you.

http://tickers.TickerFactory.com/ezt/d/4;10747;405/st/20131024/e/NOA2/dt/-1/k/abfd/event.png
 
 
 
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Filed: Citizen (apr) Country: Ecuador
Timeline

it's not ok to do even if you don't register in the courts.

It can be perilous to do. Get her here on the K-1, do a civil marriage, and plan your magnificent ceremony for both here and in India, at your pleasure and at your leisure. That's what a great many of us have done. smile.png

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: AOS (apr) Country: Venezuela
Timeline

Op.. you said your whole family is going in November. ... so u want get married .. as bone and I said. . Bad idea.. I referred to fraud in ur last sentence where u asked for advice on how to defend herself if y'all get caught... we don't offer advice on how to lie.. all advice here is for legal immigration..

Look.. u want get married in november.. then do it! Great idea.. esp.. since ur whole family will travel there..

U just sent ur file like 2 weeks ago (according to your timeline)..cancel it.. get really married.. file cr1.. to bring over spouse.. why waste ur family's trip over there.. since its what y'all really want to do. .

K101/17/2012.....I-129F ..... sent to Dallas, Texas

01/25/2012.....NOA1 (text & email) ..... sent to Vermont Service Center

01/28/2012.....NOA1 Hard Copy in Mail

07/31/2012.....NOA2.. 188 days update@USCIS

08/03/2012.....NOA2.. Hard Copy

09/04/2012.....Sent Email to Caracas Embassy for Interview date.. they had not contacted her

09/05/2012.....Embassy response.. with interview date!!

10/17/2012.....INTERVIEW @Caracas Embassy!

10/17/2012.....INTERVIEW @Caracas Embassy... APPROVED!!

12/31/2012.....POE.. Miami, arrived to AUSTIN next day smile.png

02/16/2013.....Married!!

AOS - K1

05/06/2013.....I-465 & I-765 sent USPS priority mail

05/14/2013......Email, Text of Receiving package on 5/11

05/16/2013......Hard Copy of NOA1 received: I-465 and _I-765 Application for employment

05/20/2013...... Bio-metric hard-copy.
05/29/2013...... Biometric scheduled. . Austin office

07/15/2013...... EAD card arrived in mail today smile.png

10/20/2013...... Green Card approved! NOA hardcopy received!

10/31/2013...... Green Card Delivered!!

ROC-I-751
07/21/15 90 day Window Opens

07/24/15 I-751 Mailed to Cali. Service Center
09/03/15 Biometeric scheduled and completed

01/26/16 ROC Letter arrived
01/30/16 10 yr Green Card arrived

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Filed: K-1 Visa Country: India
Timeline

Op.. you said your whole family is going in November. ... so u want get married .. as bone and I said. . Bad idea.. I referred to fraud in ur last sentence where u asked for advice on how to defend herself if y'all get caught... we don't offer advice on how to lie.. all advice here is for legal immigration..

Look.. u want get married in november.. then do it! Great idea.. esp.. since ur whole family will travel there..

U just sent ur file like 2 weeks ago (according to your timeline)..cancel it.. get really married.. file cr1.. to bring over spouse.. why waste ur family's trip over there.. since its what y'all really want to do. .

ok i gotcha.. reason i even stated that at the end was because i thought (based on what other people have written in other threads) that as long as we legally aren't married, it's fine to go through a K-1 visa. only thing is that the interviewers were simply giving people hard time even though they knew that legally people who had done a wedding ceremony weren't married.

But i understand your guys perspective as well.. so thanks for the response! smile.png

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Filed: AOS (apr) Country: Venezuela
Timeline

Co are wise from interview experiences and body language.. they will test he/her in interview.. to make sure.. all stated items are true.. I was warned that they will refer to fiance as husband or wife. I told this to my fiance as precaution.. and correct them if they do.. I will be damned.. they did same exact thing several times.. she corrected them every time. .

You want your fiance to be as stress free as possible in interview. . Hence the warnings.

Good luck in what path u take...

K101/17/2012.....I-129F ..... sent to Dallas, Texas

01/25/2012.....NOA1 (text & email) ..... sent to Vermont Service Center

01/28/2012.....NOA1 Hard Copy in Mail

07/31/2012.....NOA2.. 188 days update@USCIS

08/03/2012.....NOA2.. Hard Copy

09/04/2012.....Sent Email to Caracas Embassy for Interview date.. they had not contacted her

09/05/2012.....Embassy response.. with interview date!!

10/17/2012.....INTERVIEW @Caracas Embassy!

10/17/2012.....INTERVIEW @Caracas Embassy... APPROVED!!

12/31/2012.....POE.. Miami, arrived to AUSTIN next day smile.png

02/16/2013.....Married!!

AOS - K1

05/06/2013.....I-465 & I-765 sent USPS priority mail

05/14/2013......Email, Text of Receiving package on 5/11

05/16/2013......Hard Copy of NOA1 received: I-465 and _I-765 Application for employment

05/20/2013...... Bio-metric hard-copy.
05/29/2013...... Biometric scheduled. . Austin office

07/15/2013...... EAD card arrived in mail today smile.png

10/20/2013...... Green Card approved! NOA hardcopy received!

10/31/2013...... Green Card Delivered!!

ROC-I-751
07/21/15 90 day Window Opens

07/24/15 I-751 Mailed to Cali. Service Center
09/03/15 Biometeric scheduled and completed

01/26/16 ROC Letter arrived
01/30/16 10 yr Green Card arrived

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Filed: K-1 Visa Country: Italy
Timeline

Bad idea ... Stay honest with you visa... They do extensive background checks... Do you want to take the chance that they deny you visa and you fiancé or husband can't enter the USA... Use you time in India to get to know your family and pan your wedding... Always be honest with your visa!!!!!!

Hi everyone,

I know this thread is old, but I've just started my K-1 petition process, and I still feel a little confused on the answer to this question. My fiance and I met online through a matrimonial website. We fell in love with each other, and told our parents about it. My family lives in the USA, and her family lives in India. Both families talked on Skype and reached conclusion that both wanted to go forward with the engagement, but first wanted to meet in person. So my mom and I flew to India, met the family, got engaged in a small family function, and then I flew back to USA and filed the K-1 visa. The process may take some time (as we all know :P ), but my whole family was going to travel to India in November (we made this plan even before I met my fiance). So we decided "why don't we have our wedding ceremony in November itself since we'll all be there anyways." So although the K-1 visa petition has been filed, we are planning on conducting our wedding ceremony in India, BUT NOT REGISTERING IN THE COURTS!

Now my fiance and I aren't experts on what constitutes as a LEGAL marriage in India. We can of course ask court members or lawyers there, but I just thought I would ask people on this forum instead in case someone already found out this information. So sorry for the long lead in.. but my basic question is:

In India, if we have a wedding ceremony with a priest and "ferahs" and all and NOT register in the courts, is this a legal marriage or not? I understand of course that my fiance should not provide any photos or evidence of this ceremony to the consulate because they might consider this as marriage regardless of the legal aspects of it. Just wondering in case they find out somehow, then my fiance should know how to defend herself.

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If it looks like a duck, quacks like a duck, then it is a duck. If it is a duck how are you going to explain to the USCIS that you already have a duck when you are not the have a duck until you arrive in the US. Do you really want to play with fire when it is so easy to just wait. Get married in the US, file for audjustment of status (AOS), employment authorization (EAD) and advance parole (AP) and then travel back to India to do another celebration. Why does the one in India have to be first?

Good luck with whatever you decide,

Dave

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Filed: Country: Ukraine
Timeline

I think there are two ways of thinking about this which are getting intermixed in this discussion, and cause some confusion.

One the one hand, you would not be legally married. It is just a ceremony. You can make up whatever ceremonies you want, for whatever intentions you want, say a "getting acquainted" ceremony. Since it's not a legal marriage, why should USCIS care? This line of thinking says it's no big deal, not visa fraud, and go for it.

On the other hand, you really don't want to create problems for your interview. A "wedding ceremony" will be a huge red flag, and create a lot of problems for you and your fiancee to explain it.

My fiancee and I thought about a non-legal marriage ceremony and we cancelled that plan because of this. It is just not worth making a big stressful difficulty for her interview. Our celebrations come after she has the visa.

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Filed: K-1 Visa Country: India
Timeline

I think there are two ways of thinking about this which are getting intermixed in this discussion, and cause some confusion.

One the one hand, you would not be legally married. It is just a ceremony. You can make up whatever ceremonies you want, for whatever intentions you want, say a "getting acquainted" ceremony. Since it's not a legal marriage, why should USCIS care? This line of thinking says it's no big deal, not visa fraud, and go for it.

On the other hand, you really don't want to create problems for your interview. A "wedding ceremony" will be a huge red flag, and create a lot of problems for you and your fiancee to explain it.

My fiancee and I thought about a non-legal marriage ceremony and we cancelled that plan because of this. It is just not worth making a big stressful difficulty for her interview. Our celebrations come after she has the visa.

I think you put this perfectly regarding the confusion we had during the beginning of the thread. But yeah, I think I've come to the same conclusion as you..

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