wedding party after k1 approved.

[NigeriaorBust 4,087]

  If the OP is from a country where engagements are seen as too married for a K1 they won't have to worry about the wedding they will be having , they will be declared no eligible for a k1 .  They stated they included engagement photos.  

[<3T&M<3 217]

1 hour ago, NikLR said:

Op said they were having a wedding, not a party or celebration but a full wedding with vows, exchange of rings, and cultural clothing.  

Now a party would be different. 

Everyone does need to stop saying the CO will deny because the OP is considering this wedding after recieving the visa but before moving.  That means the CO is out of the picture. 

However the CBP could find out and deny entry.  Also when applying for AOS it could also come to light that the OP is already married. If they file AOS based on the K1 it may be possible to be denied since they violated the terms of the K1. 

I think at this point the OP can make a decision on risk vs reward.  

Legally if they marry before entry to the USA on a K1 visa, they have violated the term of that visa and entered illegally and cannot adjust on that visa.  If thry have a party that is not a wedding so friends and family can wish them well, then they have not.  But I strongly suggest not exchanging vows, rings or wearing cultural wedding attire. 

I am just asking for clarification here... you said "If they file AOS based on the K1 it may be possible to be denied since they violated the terms of the K1" ... I am curious as to what you mean by this. Having an engagement party AFTER coming to the U.S. and BEFORE the marriage (remember that engagement party is absolutely inside U.S. cultural norms) that is violating terms of the K1?

Also "if" they file AOS based on the K1?.... I'm not really sure what you mean by "if". Sorry, just wanting clarification for my own curiosity and knowledge.

Thanks!

[TBoneTX 43,059]

The consular officers and the CBP agents are the "gatekeepers" to the U.S.

Run afoul of either, and your further battles are steeply uphill and almost certainly a losing cause.

CBP can refuse entry to a K-1 recipient for any reason that the consulate would refuse a visa.

In my extensive experience at least, CBP agents are typically in foul moods and are looking to nail someone.

 

Perhaps the most consistent situation reported on this website over the years is "We had a party in my country, and now we're too married for the K-1 but not married enough for the CR-1!"  The only solution is to spend more years and more thousands of dollars trying to ameliorate the naive (at best) and perilous (in reality) decision to hold a pre-entry party.

 

The one poster in this thread who has been blithely endorsing irresponsible, perilous behavior is strongly advised to knock it off, in this thread and permanently.  This forum is meant to guide people through this broken, infernal immigration process with as little damage as possible.

[None11 1]

Thank you everyone, realized we have only two options : cancel the wedding or fly back get married and apply for cr1 ( which I wonder if that will look supsicious in the eye of consular, why did we change the forms) has anyone else here have the same experience? would be very helpful.

[None11 1]

4 hours ago, NigeriaorBust said:

  If the OP is from a country where engagements are seen as too married for a K1 they won't have to worry about the wedding they will be having , they will be declared no eligible for a k1 .  They stated they included engagement photos.  

you think they will see the engagement party like a wedding? we provided photos with our families and other people who were invited. This is what I am mostly worried about. We can cancel the wedding and wait for K1 approved ,if they don't approve it we will be wasting our time which is the most important in all this journey. 

[wxman22 109]

15 hours ago, Greg.D. said:

Running through a red light is the same as having a legal party? Don't think so. 

 

To the original poster and others who find this thread: stand up for your rights, have your wedding celebration but don't get legally married prior to entering the US on a K1 visa. 

 

Others' anecdotes of being denied entry would need closer examination to understand the totality of the refusal. People should believe in what they do and you can't fear an incorrect decision at the POE. Certainly, reports of people being unreasonably denied a fiancé or spouse visa should not stop one from trying. 

So, what country was your interview in?

[wxman22 109]

2 hours ago, None11 said:

Thank you everyone, realized we have only two options : cancel the wedding or fly back get married and apply for cr1 ( which I wonder if that will look supsicious in the eye of consular, why did we change the forms) has anyone else here have the same experience? would be very helpful.

You mean you were planning on getting married, thn enter US on a K-1?

I assumed you meant you were making plans on getting married in the USA in May, though you didn't have your interview yet.

 

 

[Going through 5,668]

4 hours ago, None11 said:

Thank you everyone, realized we have only two options : cancel the wedding or fly back get married and apply for cr1 ( which I wonder if that will look supsicious in the eye of consular, why did we change the forms) has anyone else here have the same experience? would be very helpful.

It won't look suspicious or nefarious in any way----quite the opposite--- it will look as if you are taking the proper steps by withdrawing the K1 and applying for the CR-1 which would be suitable for your case.

 

You won't be the first couple to cancel the K1 and apply for the CR1---happens more frequently than you think.  

[Going through 5,668]

7 hours ago, <3T&M<3 said:

"If they file AOS based on the K1 it may be possible to be denied since they violated the terms of the K1" ... I am curious as to what you mean by this. Having an engagement party AFTER coming to the U.S. and BEFORE the marriage (remember that engagement party is absolutely inside U.S. cultural norms) that is violating terms of the K1?

That's not the issue----having an engagement party/wedding after arriving in the US is perfectly fine.

 

The issue with the OP is that they are not planning an engagement party---they are planning a mock-WEDDING in the home country BEFORE arriving in the US on a K1 visa (in other words they may already be seen to be "married" in another country before arriving to be "married" in the US.  The OP has stated in this thread that there would be cultural wear, a "wedding ceremony", and an exchange of rings in the home country after the K1 is approved...which the majority of members are advising them not to risk before entry into the US, and instead postpone the second wedding until after legally marrying in the States.

 

That's where the possible K1 violation would come in, when filing for the AOS and may lead to a denial of the AOS....all based on the IO adjudicating their case when evaluating the evidence infront of them.

[NigeriaorBust 4,087]

  Even though the OP has chosen not to tell us where the interview will be we all know the answer to half his questions deal with what consulate they are at.   Being they are giving the information on a site monitored by immigration and immigration can see IP addresses and know people I guess the OP is happy with us knowing half the answer and immigration seeing so much more.

[Mike E 11,723]

On 11/17/2018 at 8:30 AM, Greg.D. said:

Where is all the evidence that the poster can not have a wedding party? He said it is "not an official wedding".

 

...

 

Seriously people, if you don't know what you are talking about, how about not dispensing legal advice? Do you think it is easy for the couple to make a second round trip back to the old country to hold a wedding when it was doable while still there?

Here is your evidence. 

 

 

 

Once CBP suspects a marriage took place it is on the beneficiary to prove one did not take place. 

 

Proving a negative is impossible.  

 

I’ve little sympathy for the argument that it is too hard or expensive to go back to the old country to hold a traditional wedding ceremony. If one cannot afford a to have a foreign spouse then don’t have one. 

 

Edited November 18, 2018 by Mike E

[mushroomspore 3,043]

9 hours ago, None11 said:

Thank you everyone, realized we have only two options : cancel the wedding or fly back get married and apply for cr1 ( which I wonder if that will look supsicious in the eye of consular, why did we change the forms) has anyone else here have the same experience? would be very helpful.

Nope it won't be suspicious and it's the right thing to do if you decide getting married first is more important than the K1.

 

Here is ANOTHER thread posted TODAY about this topic. The person proves our point in the first 3 sentences. 

 

Edited November 18, 2018 by mushroomspore