Can we have a wedding (but not get 'married') whilst still waiting for our visa???

[peanutismint 37]

I'm just thinking out loud here....

 

My fiancee (US) and I (UK) are currently awaiting my K1 visa (filed back in April 2018) and are hoping to have a US wedding sometime around Easter (that's late April) 2019. 

 

If the worst comes to the worst and we don't have the visa by Easter, could I theoretically travel out there on an ESTA visitor visa (as per usual) and have a wedding ceremony (but not get legally married) and then return to the UK to continue waiting for the visa to be processed?

 

I know it's unlikely that it won't be received by Easter, but we're quite keen to have it at that specific holiday time (so that teacher friends can come/friends attending from the UK can bring their children etc) and we're also conscious that we need to start planning/booking things early so as to give international guests enough time to save/plan their visit themselves. But if we plan all this stuff and then the visa isn't ready by then, we don't want to have to postpone....so could we theoretically go through with the wedding whenever we want but just not get officially married by US law until the visa is ready?? 

Edited August 13, 2018 by peanutismint

[geowrian 22,344]

This questions comes up fairly often. I suggest doing some searches as I have a feeling this thread will explode soon...

 

Long and short of it is that it is a very unwise decision to have any sort of celebration or wedding ceremony. It could result in the I-129F or K-1 visa being denied and having to start over from scratch after getting legally married.

You also may be fine. But it is an incredible risk when you are already in the middle of processing.

If getting married at a certain time is important, then a K-1 is not the way to go.

Edited August 13, 2018 by geowrian

[BigDaddy28 228]

5 minutes ago, peanutismint said:

I'm just thinking out loud here....

 

My fiancee (US) and I (UK) are currently awaiting my K1 visa (filed back in April 2018) and are hoping to have a US wedding sometime around Easter (that's late April) 2019. 

 

If the worst comes to the worst and we don't have the visa by Easter, could I theoretically travel out there on an ESTA visitor visa (as per usual) and have a wedding ceremony (but not get legally married) and then return to the UK to continue waiting for the visa to be processed?

 

I know it's unlikely that it won't be received by Easter, but we're quite keen to have it at that specific holiday time (so that teacher friends can come/friends attending from the UK can bring their children etc) and we're also conscious that we need to start planning/booking things early so as to give international guests enough time to save/plan their visit themselves. But if we plan all this stuff and then the visa isn't ready by then, we don't want to have to postpone....so could we theoretically go through with the wedding whenever we want but just not get officially married by US law until the visa is ready?? 

If it's a wedding without legally getting married (meaning no marriage certificate will be out of it) I don't think it should be an issue. I mean if you celebrate but not get married that means you are not married. However, the officer in the border might have questions and might deny entry because he might think ESTA rules are gonna be broken  

[ThomasNC1988 763]

Well you could, might not be the best idea. I would say since it would be in the U.S. that's way better than some tribal ceremony in a 3rd world country or something that might actually make you married. If you do it just don't send any pictures of it to the embassy as proof of your relationship as people do so often for some reason. Of course if they ask you would have to tell them. However, being from the UK it is unlikely there will be much of an "investigation" into your relationship because obviously if you just wanted immigration benefits you would marry on your ESTA and never leave.

[Alabamak1 688]

you can always try this and fail at your k-1 visa interview. after that the CR-1 is  open for you. Good luck on your future CR-1 it's ony 14-16 month after you finally file

Edited August 13, 2018 by Alabamak1

[Illiria 980]

Do not do this

 

You could be considered too married for a fiancé visa but not married enough for a spouse visa. It totally isn’t worth it. They have taken engagement parties where people have dressed nicely as being too married for a fiancé visa.

 

If it is important to have UK people there marry in the UK then apply for a spouse visa not a fiancé visa.

 

You could do the fiancé visa then have 6 months from the medical exam to enter the US then 90 days in order to plan a wedding, or you could do a court house legal wedding after coming in on a few since visa then plan a fancy ceremony for later for which you have all the time in the world to plan.

 

I got grilled at my adjustment of status interview after coming on a fiancé visa for a photo of us at someone else’s wedding, they only backed off when I told them I could get them the marriage certificate showing we were witnesses to the other wedding. 

 

For timing i applied in april 2013 and entered in feb 2014, not sure how the times are going at the moment but you should check out other timeline for fiancé visas in the uk.

 

 

6 minutes ago, ThomasNC1988 said:

Well you could, might not be the best idea. I would say since it would be in the U.S. that's way better than some tribal ceremony in a 3rd world country or something that might actually make you married. If you do it just don't send any pictures of it to the embassy as proof of your relationship as people do so often for some reason. Of course if they ask you would have to tell them. However, being from the UK it is unlikely there will be much of an "investigation" into your relationship because obviously if you just wanted immigration benefits you would marry on your ESTA and never leave.

Entering with the esta with the intent to adjust status is fraud.

Edited August 13, 2018 by Illiria

[Crazy Cat 45,477]

3 minutes ago, BigDaddy28 said:

If it's a wedding without legally getting married (meaning no marriage certificate will be out of it) I don't think it should be an issue. I mean if you celebrate but not get married that means you are not married.

This kind of action has gotten plenty of people in trouble in the past. "If it walks like a duck and quacks like a duck"..... It's risky, and could result in a very unpleasant outcome.

[mushroomspore 3,047]

5 minutes ago, BigDaddy28 said:

If it's a wedding without legally getting married (meaning no marriage certificate will be out of it) I don't think it should be an issue. I mean if you celebrate but not get married that means you are not married. However, the officer in the border might have questions and might deny entry because he might think ESTA rules are gonna be broken  

If you do a search ("K1 visa wedding party/ceremony"), there will be many threads that come up of people asking this question and being told not to do and for good reason. There are also other threads of people lamenting their K1's were denied because they provided photos of a "wedding party" and the CO interpreted the couple as being "too married" to have the K1. K1 is expressly for ENGAGED couples. Doing ANYTHING that suggests or definitively looks like a wedding (whether it is legally officiated or not) is the couple effectively killing their own K1 application.

[BigDaddy28 228]

1 minute ago, missileman said:

This kind of action has gotten plenty of people in trouble in the past. "If it walks like a duck and quacks like a duck"..... It's risky, and could result in a very unpleasant outcome.

I was not encouraging the act itself, however since they are not legally married (marriage certificate is issued) wouldn't a spouse visa be out of the questions?

[geowrian 22,344]

Missed my timeframe to edit the comment to add this...

 

One such very recent thread covering this topic is below. Note that this is not to import drama...only trying to avoid reiterating the same items over and over, as well as there is a comment listed with several specific examples of where a ceremony resulted in a denial.

 

Edited August 13, 2018 by geowrian

[peanutismint 37]

5 minutes ago, Illiria said:

Entering with the esta with the intent to adjust status is fraud.

Would we be intending to adjust status, though? Seems to me like our only 'intent' would be to have a bit of a party, an activity (I should hope) fully permitted under the ESTA....

 

Or are we basically likely to be punished by the USCIS gods who, for some reason, hate fun?! 

[Crazy Cat 45,477]

1 minute ago, BigDaddy28 said:

I was not encouraging the act itself, however since they are not legally married (marriage certificate is issued) wouldn't a spouse visa be out of the questions?

It does not matter whether they think they are legally married or not.  But if USCIS or the interviewing CO thinks this "unofficial" ceremony was a marriage, then a denial of the K-1 is likely.  It has happened many times here..........engaging in any type of ceremony which might be seen by USCIS or consulate officials as a marriage is very, very unwise......

If the K-1 is denied, then a spousal visa would be their only option......and it takes more than a year.  

[BigDaddy28 228]

1 minute ago, missileman said:

It does not matter whether they think they are legally married or not.  But if USCIS or the interviewing CO thinks this "unofficial" ceremony was a marriage, then a denial of the K-1 is likely.  It has happened many times here..........engaging in any type of ceremony which might be seen by USCIS or consulate officials as a marriage is very, very unwise......

If the K-1 is denied, then a spousal visa would be their only option......and it takes more than a year.  

learn something new every day. 

[Crazy Cat 45,477]

4 minutes ago, peanutismint said:

Would we be intending to adjust status, though? Seems to me like our only 'intent' would be to have a bit of a party, an activity (I should hope) fully permitted under the ESTA....

 

Or are we basically likely to be punished by the USCIS gods who, for some reason, hate fun?! 

The fiance can come to the US via ESTA (if allowed to enter after truthfully explaining your visit), have the "wedding", then return to the UK.....but as expained, it is risky and unwise.

[Lucky2Lucky 2,526]

I suggest not having any type of “wedding” prior to entering Usa.