Unregistered wedding while pending K1(split)

[Dashinka 23,409]

1 minute ago, moonymoony said:

I don't understand how an engagement party could be an issue. The photos we submitted were travel photos and engagement shot (basically just us at the beach, not with wedding dress/suit). 

 

What messages?

Social media accounts, WhatsApp, etc.

[mille-feuille 2]

5 minutes ago, carmel34 said:

Never lie to a federal officer, that would be a serious misrepresentation.  If asked, you have to answer truthfully, and if you do not and are discovered, whether at the K-1 visa interview, US point of entry, or later at the adjustment of status, removal of conditions, or naturalization, it would likely mean a permanent bar from ever entering the US again.  Is your husband willing to move to your country if that happens?  Why risk it when a spousal visa would  only take a few months longer?

A few months longer? I-130 takes 10,5 months as of now (if not getting pushed back). I'd say this once again, I can't just apply for a spousal visa. The wedding I had included zero paperwork that would be needed to register for a civil marriage. 

[Dashinka 23,409]

4 minutes ago, moonymoony said:

A few months longer? I-130 takes 10,5 months as of now (if not getting pushed back). I'd say this once again, I can't just apply for a spousal visa. The wedding I had included zero paperwork that would be needed to register for a civil marriage. 

I think we understand that, but since you have not even received the NOA2 from the I129F yet, and the potential of going through the process only to be denied a K1, you have to weigh the risks.  If a year or so down the road you get to the K1 interview, and the CO denies the application on the grounds you do not qualify for the K1, it will be even longer.  Immigration is a long and arduous process.

 

Regardless, the decision on risk is up to you and your partner, we can only show you the potential pitfalls you may see.

 

Good Luck!

[mille-feuille 2]

5 minutes ago, Dashinka said:

I think we understand that, but since you have not even received the NOA2 from the I129F yet, and the potential of going through the process only to be denied a K1, you have to weigh the risks.  If a year or so down the road you get to the K1 interview, and the CO denies the application on the grounds you do not qualify for the K1, it will be even longer.  Immigration is a long and arduous process.

 

Regardless, the decision on risk is up to you and your partner, we can only show you the potential pitfalls you may see.

 

Good Luck!

Legally-speaking, he is not my husband yet. To even apply for a I-130, he would need to fly here again, we go to the embassy, find a religious institution to marry us, and then freaking redo the wedding. My country isn't somewhere we can just make an appointment at the courthouse and get a marriage certificate quickly. It doesn't work like that at all. Meanwhile, the wedding I had before had no official record (not even a religious certificate) and certainly did not qualify us for a spousal visa. 

 

I'm sure you all mean well, but to simply withdraw and apply for a spousal visa just don't make actual sense in my case. 

[JeanneAdil 6,289]

47 minutes ago, moonymoony said:

I don't understand how an engagement party could be an issue. The photos we submitted were travel photos and engagement shot (basically just us at the beach, not with wedding dress/suitw). 

 

What messages?

Because many countries have have a wedding celebration 

and u may not understand this but it is up to  the CO at the interview to interpret

if u had a celebration of your "unregreistered marriage"  it can appear "too married for a K1"

 

not our interpretation but immigration officer's

 

yours photo sounds ok

but i would register your marriage and go for CR1

 

[Dashinka 23,409]

1 minute ago, moonymoony said:

Legally-speaking, he is not my husband yet. To even apply for a I-130, he would need to fly here again, we go to the embassy, find a religious institution to marry us, and then freaking redo the wedding. My country isn't somewhere we can just make an appointment at the courthouse and get a marriage certificate quickly. It doesn't work like that at all. Meanwhile, the wedding I had before had no official record (not even a religious certificate) and certainly did not qualify us for a spousal visa. 

 

I'm sure you all mean well, but to simply withdraw and apply for a spousal visa just don't make actual sense in my case. 

That is your choice.  Like we have been saying, that path has some serious risks of even further lengthening the process.  You can also look at the Utah Zoom wedding option which is quite easy.

 

Good Luck!

[Lemonslice 4,627]

If they call/visit your parents/friends/neighbours and ask "Are moonymoony and partner married?" What would they answer?

[JeanneAdil 6,289]

you may well get the K1 visa

sometimes these issues come up when a person goes to AOS or file for N400 later on

 

 

[slavaskii 885]

2 hours ago, moonymoony said:

Legally-speaking, he is not my husband yet. To even apply for a I-130, he would need to fly here again, we go to the embassy, find a religious institution to marry us, and then freaking redo the wedding.

Our concern is that you keep referring to the ceremony / pictures as a wedding. I understand that this wasn't a religious ceremony, nor was it registered apparently (thank you for your clarification), but it really does sound like at least one of you considers yourself "married," thus voiding K-1 eligibility. If USCIS, the Embassy, or CBP even get a suspicion that there's a marriage here - and this thread is full of it - there's going to be big problems.

 

You're caught up on the technicality that what you guys did wasn't a legal wedding. We understand that, but you guys have the burden of proving to USCIS what really happened. There's no presumption that what you did wasn't official. 

[Cathi 5,626]

22 hours ago, moonymoony said:

Well, long wait. No NOA2 yet. My husband could visit me here, but I wanted to see where he lives too and meet his family, so we tried the tourism visa. Official reason for denial is no strong ties to home country. Really though the officer didn't ask that much about myself, mainly about our relationship.

 

No tickets bought yet.

When asked about your relationship did you tell the truth about the being married thing? Lying to the CO is material misrepresentation and grounds for denial and a ban.

[Redro 4,602]

On 11/9/2022 at 11:56 AM, moonymoony said:

Hi, I'm new here. I guess I made an account and jumped straight to the forum so I feel less lonely in the frustration, lol. Submitted in early March, got the confirmation they've received it, but no more updates ever since. Tried to visit the US on tourist visa in September but got denied and told to do the K1 instead. I told the officer we've submitted it already but still haven't heard back (hence I wanted to visit in the meantime), then he checked on his computer and said they didn't have any record of it and simply told me to reapply (#######).

 

Oh well. I guess the documents simply haven't reached this embassy. 

 

I actually got married to my fiance in my home country during this crazy long wait, BUT it's not legal. We had a symbolic ceremony and a reception. We didn't actually register it because we don't want to have to cancel this application and start a new one (read: more cost and even longer wait). I wonder should I mention it when I have my interview one day (whenever will that be)?

 

How long do you all had to wait?

OP. to answer your original question. 

Waiting time to finally enter the US depends on the consulate (country) you interview at. Can you share that information with us?

But, NOA1-NOA2 is currently 15 months. So, you'll probably receive the NOA2 around June 2023 IF (and thats a big IF) the backlog doesn't grow. 

Read the thread I posted to understand current timelines and projected timelines. 

 

I am sure you are surprised you aren't quite getting your question answered but instead members here are informing you of a potential problem. 

You need to weigh up your options with your partner (who the consulate might view as your SPOUSE).

Are you willing to wait another 12 months only to receive a rejection and have to start ALL OVER AGAIN with spousal visa. 

Or are you going to cut your losses NOW, get married (in your home country OR via Utah) and file an I-130. 

 

Best case scenario, you interview at the consulate late 2023.

Worst case scenario, you interview- you are rejected for being "too married"... you have to start all over and only move to the US 2025-2026- once again this is consulate dependent. 

Edited November 10, 2022 by ROK2USA

[SalishSea 16,973]

5 hours ago, Lemonslice said:

If they call/visit your parents/friends/neighbours and ask "Are moonymoony and partner married?" What would they answer?

“Yes.   She refers to him as her husband.”

[SalishSea 16,973]

7 hours ago, moonymoony said:

I don't understand how an engagement party could be an issue. The photos we submitted were travel photos and engagement shot (basically just us at the beach, not with wedding dress/suit). 

 

What messages?

Those of us who have been around Visa Journey for years have seen this exact situation play out with “too married for a K-1” visa denials over and over again.

 

Maybe it won’t happen to you.   But if denied, perhaps you won’t be so surprised now that you know it’s never a good idea to have any type of wedding prior to getting a K-1 visa or to refer to your BF as husband, etc.   

 

Please come back and let us know how it goes!

[Rocio0010 5,575]

What's your home country?

[JEANDBR 32]

There is a couple on social media who met in the UK for the first time in September 2021, he returned 6 weeks later and they married in the UK, they both returned to the US 1 week later where they have been living ever since. They’re very open about their timeline on instagram, TikTok etc and have hundreds of thousands of followers, the British citizens son also moved over. They post multiple photos videos etc of their marriage and repeatedly say they used the K1 visa. Does anyone know how this is possible given most advice on this thread advises against even an engagement party. I’m not doubting the advice - I’d just love to know if there is some loophole I’m not aware of!!