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Legal Marriage vs Ceremonial Marriage

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Filed: K-1 Visa Country: India
Timeline

Greetings all, this is my first thread and I believe this is a unique question. My fiance is Indian, and our K1 case just reached the consulate in Mumbai. We are now waiting on the appointment letter. I plan to travel to Mumbai to go to the interview with my fiance, and then bring her back to the US with me after she receives back her passport.

After she receives her VISA, my fiance's family members will begin their visitor visas so they can all travel to the US to attend our wedding. Since my fiance and I only have 90 days to legalize our marriage and begin the AOS, I do not want to wait until the rest of the family's visas are complete. Also 90 days is a really short time to plan a wedding, and I dont want to attempt to put together a wedding on my own without my fiance being present to decide what she wants. So what I was planning to do was upon my fiance arrives in the US, we could go to the courthouse and legally get married in order to do the AOS. My fiance comes from a traditional family, they have given blessing to send her alone with me to the US - which is a huge breakthrough with her culture. But they would expect for my fiance to live separately from me until the ceremonial marriage takes place.

So my question is this... If my fiance and me were to have a courthouse marriage upon her arrival to the US and then live separately while we submit the AOS. Will that look illegitimate and could that cause issues with the AOS? We would be actively planning our wedding, meanwhile be waiting on her family to get their visitor visa's before we set the wedding date. This way her AOS could be well underway and there is not time pressure on the ceremonial wedding happening by a certain date.

Does anyone have any thoughts or suggestions about this?

Thank You

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from K1 Process & Procedures to Adjustment of Status from K Visas forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Sounds like a good plan to me.

Best wishes.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: K-1 Visa Country: India
Timeline

Their best chance to get visitor visa's will be after my fiance is already in the US. I am not as researched on visitor visas as I am with the K1. Her family has hired a VISA consultant and he suggested waiting until my fiance received her visa so there is a more clear purpose of travel.

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Filed: Lift. Cond. (apr) Country: China
Timeline

Their best chance to get visitor visa's will be after my fiance is already in the US. I am not as researched on visitor visas as I am with the K1. Her family has hired a VISA consultant and he suggested waiting until my fiance received her visa so there is a more clear purpose of travel.

The consultant is doing nothing more than pulling things out of thin air and taking their money while doing it. Her family members have to overcome the presumption of immigrant intent at a visa interview and to do that, they have to show strong ties to India that would compel them to return at the end of any travels.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: K-1 Visa Country: India
Timeline

Her parents should have enough evidence to prove this, government jobs, real-estate holdings. Her brother has a good job that will likely be enough for him. Her sister is the concern as she does not have any of this right now. Is there any way I could take financial responsibility, or sponsor the sister's Visitor visa - like I did for my fiance's K1?

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Filed: AOS (apr) Country: Jamaica
Timeline

I tend not to agree with the previous responses. This is my own personal opinion gathered from other threads and posts I have read during my 2+ on VJ:

1. I think living apart after marriage poses possible "bonafide marriage" complications. While arranged marriages and not being alone together prior to marriage is the norm for some cultures that is not the case after legal marriage. It may be the norm prior to visa approval, but isn't, in my opinion, the norm after USA POE and legal marriage. I believe this has the ability to raise some questions during AOS interview.

2. I personally feel that family members who apply for a visitor visa prior to the beneficiary receiving their visa (K1 or CR1) is a bit more encouraging. I have no basis for this opinion other than my own circumstances. My MIL applied for her visitor visa prior to my then fiance receiving his K1. Therefore, she had no children who could apply for her to stay in the USA at the time she was granted her visa. Did that help her chances? I don't know but, my advice is to have your fiances family apply now for visitor visa's on their own merit.

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Filed: Citizen (apr) Country: Indonesia
Timeline

Greetings all, this is my first thread and I believe this is a unique question. My fiance is Indian, and our K1 case just reached the consulate in Mumbai. We are now waiting on the appointment letter. I plan to travel to Mumbai to go to the interview with my fiance, and then bring her back to the US with me after she receives back her passport.

After she receives her VISA, my fiance's family members will begin their visitor visas so they can all travel to the US to attend our wedding. Since my fiance and I only have 90 days to legalize our marriage and begin the AOS, I do not want to wait until the rest of the family's visas are complete. Also 90 days is a really short time to plan a wedding, and I dont want to attempt to put together a wedding on my own without my fiance being present to decide what she wants. So what I was planning to do was upon my fiance arrives in the US, we could go to the courthouse and legally get married in order to do the AOS. My fiance comes from a traditional family, they have given blessing to send her alone with me to the US - which is a huge breakthrough with her culture. But they would expect for my fiance to live separately from me until the ceremonial marriage takes place.

So my question is this... If my fiance and me were to have a courthouse marriage upon her arrival to the US and then live separately while we submit the AOS. Will that look illegitimate and could that cause issues with the AOS? We would be actively planning our wedding, meanwhile be waiting on her family to get their visitor visa's before we set the wedding date. This way her AOS could be well underway and there is not time pressure on the ceremonial wedding happening by a certain date.

Does anyone have any thoughts or suggestions about this?

Thank You

Another option is submit AOS after the ceremony and when you're actually living together. That will delay things a bit, but it will also reduce that one potential issue. The most important part is getting legally married w/in 90 days.

Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

October 23, '18: NOA2- approval

October 30, 18: 10-year GC received

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I tend not to agree with the previous responses. This is my own personal opinion gathered from other threads and posts I have read during my 2+ on VJ:

1. I think living apart after marriage poses possible "bonafide marriage" complications. While arranged marriages and not being alone together prior to marriage is the norm for some cultures that is not the case after legal marriage. It may be the norm prior to visa approval, but isn't, in my opinion, the norm after USA POE and legal marriage. I believe this has the ability to raise some questions during AOS interview. Should be ok provided OP makes a culture-based case for living separately until religious wedding.

2. I personally feel that family members who apply for a visitor visa prior to the beneficiary receiving their visa (K1 or CR1) is a bit more encouraging. I have no basis for this opinion other than my own circumstances. My MIL applied for her visitor visa prior to my then fiance receiving his K1. Therefore, she had no children who could apply for her to stay in the USA at the time she was granted her visa. Did that help her chances? I don't know but, my advice is to have your fiances family apply now for visitor visa's on their own merit. Visitors visa is a hit or miss, decided on merit and very little to do with who goes first.

alternative perspective.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Filed: AOS (apr) Country: Canada
Timeline

I think there will be no problem because you'll get a chance to explain your self in the interview.

but that is of course if you don't take too long after the courthouse marriage to do the traditional marriage because how will you submit genuine marriage evidence when you file for aos?

maybe you should focus on getting her name on some of the bills, rent or bank account as additional evidence just in case. Good luck!

iuV9m4.png

ROC journey!

2018-10-09   Filed ROC 1-751

2018-10-17   E-notification - RECEIVED

2018-11-13   NOA1- RECEIVED

2019-06-22   Biometrics letter - RECEIVED

2019-07-01   Biometrics appointment

2019-08-02   RFE

2019-08-23   RFE response was received

2019-09-04   Status changed to Card Being Produced!

 

Last signature update: 2019-09-05.

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Thoughts.... because your fiancee has 6 months from her medical date to move to the USA, the future in laws should apply for the visas now. Then you can spend time planning out some wedding details before she arrives thus giving you a great deal more than 90 days to arrange a wedding.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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