If I got K1 VISA, can I marry US Citizen in my country first?

[Gabriela Gaghana 3]

Hello everyone hope you are doing really well so far. 
 

I would like to ask, if I already got K1 visa, can I marry with US citizen in my country first (marry at church without any judges) before I go to the US? Or I still need to marry with him in the USA? 
 

Looking forward to hearing from you soon! 
 

 

Best,

Gabby

[IWander 589]

3 minutes ago, Gabriela Gaghana said:

Hello everyone hope you are doing really well so far. 
 

I would like to ask, if I already got K1 visa, can I marry with US citizen in my country first (marry at church without any judges) before I go to the US? Or I still need to marry with him in the USA? 
 

Looking forward to hearing from you soon! 
 

 

Best,

Gabby

No.  You must enter as a fiance.  You can only get married AFTER entry in the USA.

[biscoito1r 73]

Yes you can have a wedding ceremony in your country as long as it is not a civil marriage in any way. Later you can enter with your K1 visa and then you must have a civil marriage within the 90 days. Religious or ceremonial marriages are not legally biding in the US.

There are some exceptions depending on the country of course. Some countries consider religious marriage legally biding. So it is a good idea to verify first to make sure.

https://www.sl-immigration.com/fiance-visas-religious-ceremony-abroad/

Edited October 13, 2022 by biscoito1r
link

[Mike E 11,741]

1 hour ago, biscoito1r said:

Yes you can have a wedding ceremony in your country as long as it is not a civil marriage in any way.

Legally you cannot have a wedding ceremony before entering the USA on a K-1. That ceremony can nullify the K-1. 
 

 

Edited October 13, 2022 by Mike E

[biscoito1r 73]

11 minutes ago, Mike E said:

legally you cannot have a wedding ceremony before entering the USA on a K-1. That ceremony can nullify the K-1. 

Just look at it this way, If you have just a non legally biding ceremony, it won't qualify you for a CR-1 visa. The same way that if you have such a ceremony, it won't disqualify you for a K1. However as noted on the link that I provided, it is best to have the ceremony after having the K1 visa in hand because the consul will have to  investigate if this ceremony was legally biding which would cause a delay on the whole process.

 

Edited October 13, 2022 by biscoito1r

[Mike E 11,741]

10 minutes ago, biscoito1r said:

Just look at it this way, If you have just a non legally biding ceremony, it won't qualify you for a CR-1 visa.

True and irrelevant 

10 minutes ago, biscoito1r said:

 

The same way that if you have such a ceremony, it won't disqualify you for a K1

My link is a counter example. So you are wrong.  

10 minutes ago, biscoito1r said:

 

However as noted on the link that I provided, it is best to have the ceremony after having the K1 visa in hand because the consul will have to  investigate if this ceremony was legally biding which would cause a delay on the whole process.

 

Your link fails to say that:

 

1. It is essentially advising people to commit visa fraud 

 

2. Nothing prevents CBP from denying entry at the port of entry if it determines there was a wedding ceremony outside the USA 

 

3. Nothing prevents the consulate from canceling the visa if it finds out there was a wedding ceremony 

[Nikobe 129]

I would put it this way:

It is not clever to have an unofficial wedding ceremony in whatever fashion before actually getting married in line with the K1 requirements. Whether or not this will have implications on your K1 process is at the discretion of the USCIS/CBP/NVC/Embassy officer. So: Just don't do it.

[biscoito1r 73]

7 minutes ago, Mike E said:

1. It is essentially advising people to commit visa fraud

No it isn't, as wedding ceremonies aren't legally biding.

9 minutes ago, Mike E said:

2. Nothing prevents CBP from denying entry at the port of entry if it determines there was a wedding ceremony outside the USA

True and irrelevant as they don't actually need a reason to deny entry to anyone.

 

11 minutes ago, Mike E said:

3. Nothing prevents the consulate from canceling the visa if it finds out there was a wedding ceremony 

Except for the fact that it wasn't a legally biding ceremony. One could simply acquire a certificate of single in a country that provides it. Think of it also this one. Right after such a ceremony they can still go to city hall or whatever and get legally married to someone else.

 

Our discussion has became redundant at this point as I feel like I'm just repeating myself at this time. Therefore, would you be able to provide any evidence that a non legally biding ceremony would disqualify someone from a K1 visa ? If you do I'd appreciate it. Thanks.

[Crazy Cat 41,981]

2 hours ago, biscoito1r said:

Yes you can have a wedding ceremony in your country as long as it is not a civil marriage in any way. Later you can enter with your K1 visa and then you must have a civil marriage within the 90 days. Religious or ceremonial marriages are not legally biding in the US.

There are some exceptions depending on the country of course. Some countries consider religious marriage legally biding. So it is a good idea to verify first to make sure.

https://www.sl-immigration.com/fiance-visas-religious-ceremony-abroad/

Nope.  If CBP looks at the OP's phone and sees "wedding" pictures, they can deny entry.  It isn't worth the gamble.  OP can always return to home country for a celebration later.  OP should have nothing that resembles a wedding until after entry into the US.

[biscoito1r 73]

7 minutes ago, Nikobe said:

I would put it this way:

It is not clever to have an unofficial wedding ceremony in whatever fashion before actually getting married in line with the K1 requirements. Whether or not this will have implications on your K1 process is at the discretion of the USCIS/CBP/NVC/Embassy officer. So: Just don't do it.

Ok. Your response makes sense as you want to be on the side of caution

Here an attorney explains what I just said

https://www.youtube.com/watch?v=6v1ElDvyeWw

 

[Crazy Cat 41,981]

6 minutes ago, biscoito1r said:

Except for the fact that it wasn't a legally biding ceremony. One could simply acquire a certificate of single in a country that provides it. Think of it also this one. Right after such a ceremony they can still go to city hall or whatever and get legally married to someone else.

CBP needs only suspicion that a marriage took place.  A "single status" is useless. 

[Mike E 11,741]

16 minutes ago, biscoito1r said:

 .Our discussion has became redundant at this point as I feel like I'm just repeating myself at this time.

I agree that we are repeating  ourselves 

 

Quote

 

Therefore, would you be able to provide any evidence that a non legally biding ceremony would disqualify someone from a K1 visa ? 

I provided an example. 

Edited October 13, 2022 by Mike E

[Rocio0010 5,579]

34 minutes ago, biscoito1r said:

One could simply acquire a certificate of single in a country that provides it.

Can you please point me to a country that would issue a "federal" certificate?.

 

Some town halls would provide a certificate saying that the person is not married IN THAT JURISDICTION. Doesn't mean that the person is not married anywhere else. 

2 hours ago, biscoito1r said:

So it is a good idea to verify first to make sure.

Yes, verify... With an official source

 

1 hour ago, biscoito1r said:

The same way that if you have such a ceremony, it won't disqualify you for a K1

CBP has total discretion to disqualify applicants that have had a ceremony prior to getting married in the US

 

1 hour ago, biscoito1r said:

If you have just a non legally biding ceremony, it won't qualify you for a CR-1 visa.

True, but we are not talking about K1s. Comparing two different types of immigrant visas is a waste of time, and confusing.

[Unlockable 7,315]

@Gabriela Gaghana, as someone who has been on these forums for a long time and have seen a few things. Please do not do this. It is not worth it. Too many people have been denied because of it (please see some examples below). People have even been denied for having a engagement ceremony which is not an official marriage. So any type of formal ceremony of the union of a couple is risky to a K1 visa.

 

@biscoito1r, you have to understand what others are trying to tell you. It doesn't matter if the ceremony is official or not, if an immigration officer suspect it to be a marriage it can lead to a denial. But the OP specifically asked about legally getting married prior to the K1, which is a no-no for that visa. Also, Mike E provided evidence of people being denied for doing that very thing. Have you read that thread he posted?

 

If that doesn't convince you it is not a good idea for the OP to get married before their K1, here is more proof of people who did it and got denied.

 

 

 

 

 

 

 

 

 

 

Edited October 13, 2022 by Unlockable

[Gabriela Gaghana 3]

I see I see, but my question is if I got the K1 visa on my hand, can I held a religious wedding in my country then after that I can visit to USA and married legally?