Marriage other than in USA

[no name 1]

I'm sorry but I simply don't believe it's good advice and I stand on that 100%.

Becca

I agree. It's in Capn's hands now.

[no name 1]

Are you sure this isn't another one of those lets jump on people and show how self important we are Dev and Reb????

No and I'm pretty sure no one deserves that nasty comment.

[TimsDaisy 0]

I'm sorry but I simply don't believe it's good advice and I stand on that 100%.

Becca

I agree. It's in Capn's hands now.

How cute. Yesterday was a big day for "And I'm telling on you, so there!"

At any rate, I understand your and rebeccajo's concerns. But as was wisely said here "People are either married or they are not. Anybody who doesn't know the difference should not be handling their own visa paperwork."

There is no slippery slope here, unless a person decides to read only part of what I write in my posts. And that can get them in trouble on any thread on any subject: reading half of a set of instructions or information usually leads to bad things.

If a couple marries, their K1 is invalid. If they do not marry, the K1 is valid. Any couple getting married - whether one is an immigrant or not - needs to find out the legalities of marrying in his/her jurisdiction. This is just as important to making sure you ARE married as it is to making sure you are NOT married.

I don't advise people to do stupid sh*t and take their chances at the border. In fact, I don't really advise people at all. I tell them what options may exist, if they do the proper research. I don't fear-monger - I don't hypothesize on the likelihood of a minister forging names on a marriage certificate and reporting it to the registrar and sinking their K1. I don't purport to be an expert on the laws of marriage in any country or any other state, or for that matter, in my own.

Many people hold out the story in the news section of VJ (http://www.visajourney.com/news/2007/04/07/17/) as a reason to be wary of wedding celebrations held before immigration. That story describes a situation in which the couple LEGALLY MARRIED. That was dumb. Sad. Innocentl mistake, clearly. But still dumb and still the root of the problems in that story.

After reading this thread, I'm pretty sure the OP gets that legal marriage = death of the K1. If they don't, no amount of brimstone and doom is going to get the point across any better.

I'm hardly the only person to have discussed this topic or written down this information. I've seen it across the boards for months and months.

Options don't disappear because you ignore them or because you disfavor them. Whatever is best for one VJers situation may not be best for another.

But again, as pushbrk said - something that should be stitched on a pillow and handed out to all VJ couples: "People are either married or they are not. Anybody who doesn't know the difference should not be handling their own visa paperwork."

It's up to anyone here to make sure they are legally married once they get here and it's up to them to make sure they legally aren't beforehand.

[LaL 418]

there have been other situations here on VJ where a K1 has received their visa only to be turned back at the POE for misrepresentation. The intended immigrant referred to his fiancee has his "wife" because in god's eyes, they were married - not legally.

Have a reception! May be semantics - but even calling it a wedding is too close for comfort for some.

[TracyTN 237]

What I fail to understand is if the couple really wants to get married outside the US, why not go for it and then petition for the K3?

I understand at one time that K3s took longer than K1s (hence people being hesitant to pursue the K3) but I don't believe that is necessarily the case anymore. I wouldn't even take the risk with the 'non legal marriage' if I knew that it wouldn't cost us more than a month or so apart to be legally wed and then pursue a spousal visa.

[no name 1]

3 times in the last 5 days you've recommended a 'wedding' as OK.

http://www.visajourney.com/forums/index.ph...c=73170&hl=

http://www.visajourney.com/forums/index.ph...c=73302&hl=

I'm saying it's not a good idea to keep broadcasting that on VJ.

[Yodrak 7]

TracyTN,

Perhaps because they don't necessarily want to get married outside the US. They don't necessarily care where they get married. What they do care where they hold a (usually religious) wedding ceremony.

This debate often centers on semantics, it's an issue where semantics are important and one must be careful to understand and say clearly what they really mean - not only in posts to VJ but also in discussion with immigration officials.

Yodrak

What I fail to understand is if the couple really wants to get married outside the US, why not go for it and then petition for the K3?

I understand at one time that K3s took longer than K1s (hence people being hesitant to pursue the K3) but I don't believe that is necessarily the case anymore. I wouldn't even take the risk with the 'non legal marriage' if I knew that it wouldn't cost us more than a month or so apart to be legally wed and then pursue a spousal visa.

[Yodrak 7]

devilette,

I don't see a recommendation that a wedding is OK in either of those threads. I do see a recommendation to understand what one is doing before doing it, and an opinion that as long as one is not getting married then having a 'wedding' does not violate immigration law.

Yodrak

3 times in the last 5 days you've recommended a 'wedding' as OK.

http://www.visajourney.com/forums/index.ph...c=73170&hl=

http://www.visajourney.com/forums/index.ph...c=73302&hl=

I'm saying it's not a good idea to keep broadcasting that on VJ.

[TracyTN 237]

TracyTN,

Perhaps because they don't necessarily want to get married outside the US. They don't necessarily care where they get married. What they do care where they hold a (usually religious) wedding ceremony.

This debate often centers on semantics, it's an issue where semantics are important and one must be careful to understand and say clearly what they really mean - not only in posts to VJ but also in discussion with immigration officials.

Yodrak

What I fail to understand is if the couple really wants to get married outside the US, why not go for it and then petition for the K3?

I understand at one time that K3s took longer than K1s (hence people being hesitant to pursue the K3) but I don't believe that is necessarily the case anymore. I wouldn't even take the risk with the 'non legal marriage' if I knew that it wouldn't cost us more than a month or so apart to be legally wed and then pursue a spousal visa.

I know. That's why we went for the K1 - because we had no need/desire to marry outside the US. The OP here mentioned wanting to marry in Canada, hence my question. It seems to me that marrying where they want to (Canada) and then going for the K3 would be the path of least resistance for all, and would also help them avoid any semantics issues later.

[TimsDaisy 0]

As Yodrak says, this is, bottom line, semantics and being careful with them. Tim and I are having neither a religious nor legal ceremony (duh) anywhere but the U.S. But we frequently refer to each other as "mister" and "missus" as terms of endearment. That's the thing to watch out for. And it's the kind of slip that, if we believe the fearmongering here, could lead to bad things at the border. So we'll be careful about it.

There seems to be a lack of reason here on VJ lately. It's a shame. The LAST thing this process needs is for people to be increasing the fear-factor.

The OP has information and can make a decision on it. As the TOS say 15 ways from Sunday, we ain't legal advice. We also ain't god or the feds. So take this free advice as worth what it costs . . . .

[Yodrak 7]

TracyTN,

My sense is that the OP, being new to this issue, did not appreciate the semantics and you, from what you say in your post here, apparently took him literally. My interpretatino was that when he wrote "marry" he was thinking "have a 'wedding' ceremony".

My belief is that the first step in answering such questions should be to clarify with the poster what they really mean before getting into the consequences of a marriage. They may not be talking about marriage at all, it's just their habit to use that word.

Yodrak

TracyTN,

Perhaps because they don't necessarily want to get married outside the US. They don't necessarily care where they get married. What they do care where they hold a (usually religious) wedding ceremony.

This debate often centers on semantics, it's an issue where semantics are important and one must be careful to understand and say clearly what they really mean - not only in posts to VJ but also in discussion with immigration officials.

Yodrak

I know. That's why we went for the K1 - because we had no need/desire to marry outside the US. The OP here mentioned wanting to marry in Canada, hence my question. It seems to me that marrying where they want to (Canada) and then going for the K3 would be the path of least resistance for all, and would also help them avoid any semantics issues later.

[no name 1]

There seems to be a lack of reason here on VJ lately. It's a shame. The LAST thing this process needs is for people to be increasing the fear-factor.

:lol:

TracyTN,

My sense is that the OP, being new to this issue, did not appreciate the semantics and you, from what you say in your post here, apparently took him literally. My interpretatino was that when he wrote "marry" he was thinking "have a 'wedding' ceremony".

My belief is that the first step in answering such questions should be to clarify with the poster what they really mean before getting into the consequences of a marriage. They may not be talking about marriage at all, it's just their habit to use that word.

Yodrak

Yodrak -

I'ts quite clear what the OP was asking....

I recently got engaged to my boyfriend from the states and we plan to go the K1 route. I really want the wedding in Canada but I'm concerned it will impact my entering into the states. Under th K1 visa, does my legal marriage have to be in America? Can i have a ceremony in Canada and have the legal marriage in the states? SO confused about this process!

[TracyTN 237]

TracyTN,

My sense is that the OP, being new to this issue, did not appreciate the semantics and you, from what you say in your post here, apparently took him literally. My interpretatino was that when he wrote "marry" he was thinking "have a 'wedding' ceremony".

My belief is that the first step in answering such questions should be to clarify with the poster what they really mean before getting into the consequences of a marriage. They may not be talking about marriage at all, it's just their habit to use that word.

Yodrak

Well, if I added to any of the OPs confusion, then I apologize. That was not my intention.

FWIW, I was keying off his/her second sentence, which began 'I really want the wedding in Canada' - thus my suggestion to do just that and then pursue the K3.

[TimsDaisy 0]

There seems to be a lack of reason here on VJ lately. It's a shame. The LAST thing this process needs is for people to be increasing the fear-factor.

:lol:

TracyTN,

My sense is that the OP, being new to this issue, did not appreciate the semantics and you, from what you say in your post here, apparently took him literally. My interpretatino was that when he wrote "marry" he was thinking "have a 'wedding' ceremony".

My belief is that the first step in answering such questions should be to clarify with the poster what they really mean before getting into the consequences of a marriage. They may not be talking about marriage at all, it's just their habit to use that word.

Yodrak

Yodrak -

I'ts quite clear what the OP was asking....

I recently got engaged to my boyfriend from the states and we plan to go the K1 route. I really want the wedding in Canada but I'm concerned it will impact my entering into the states. Under th K1 visa, does my legal marriage have to be in America? Can i have a ceremony in Canada and have the legal marriage in the states? SO confused about this process!

(Oh dev, of COURSE, you're right. Me being sad about waiting for an interview date, having missed the fast moving London Embassy tide is TOTALLY fearmongering. You get me everytime! Yes, be warned, VJer! Don't even express sadness as being separated or frustration with the process. You are being unreasonable if you do!)

And yeah, it's clear what the OP was asking. And we answered the question. YES the legal marriage must be in the United States.

AND THEN the OP asked whether a ceremony in Canada, but the legal in the US is possible. And THAT's where we part ways. Well, maybe not. Because the answer is YES IT IS POSSIBLE, you just think it is so inadvisable that it shouldn't be spoken of here, whereas I think it is possible if properly handled and safeguarded, assuming one takes the time to become fully informed and appreicate the risks.

That kinda goes for all steps of the immigration process, no?

[Dan J 277]

There are other reasons to have a ceremony outside the US. Its pretty unlikely that my fiancees parents will even be granted a visa to the US, much less any of her other relatives. Not to mention, it would be rather expensive for her family and relatives to travel here, even if they were granted a visa.

We preferred to take K-1 for a few reasons. 1. We could get started right away rather than waiting another 6-9 months to make another trip to actually get married. 2. Its shorter than k-3 or CR-1. 3. We preferred to be together once we are married and not apart anymore.

We will be doing a simple ceremony and reception in Indonesia before we leave together to the US. For us, its the best option for all the parties involved. We get to take the faster route at getting together by getting a K-1 visa. My fiancees family gets to celebrate our wedding while we are there.