Simple civil marriage prior to religious wedding ceremony for CR-1 purposes

[Cincinnatiguy 0]

Hello VJ,

I and my foreign fiancee are planning to get married in a church ceremony followed by a big party in June. The wedding will take place in my fiancee's country. She is reluctant to come to the USA on a K1 visa and get married here without her family and friends or to even stay with me for several months for AOS prior to a Catholic wedding. I am thinking of pursuing a simple civil legal marriage in a third country (no civil marriage in my fiancee's country) right away for starting the CR-1 or K3 visa process then having the church/party ceremony in June. The civil marriage will be at a courthouse with 2 paid witnesses. Will this entire process (getting married in another foreign country in a small ceremony) be considered bonafide by USCIS ?

The other option I have, would be to get a K1 visa while we are still single, have the religious ceremony abroad and then enter the US on the K1 and have a civil marriage here.

Any opinion on the above is appreciated.

Edited August 28, 2009 by Cincinnatiguy

[Penguin_ie 5,986]

Doing the q

[canadian_wife 1,791]

As long as the marriage is legal, you marry in a 3rd country and apply for the CR-1. With a K-1 the marriage must take place in the US so you can't apply for a K-1, marry abroad then enter the US on the K-1.

Good luck.

[Penguin_ie 5,986]

No idea what happened with my first reply...

Doing a K1 with a religious ceremony prior to US entry is technically allowed, but can cause problems because the CO and/ or border agent may decide you are "really" married and deny the visa.

You can get a quickie civil wedding and do a religious ceremony later, this will be allowed legally by USCIS, and should not pose a problem at interview/ with the visa UNLESS your fiancee is from a high fraud country/ a country where civil marriages are very much culturally frowned upon. I have read on here for example that several people had trouble getting visas approved in Vietnam if they did not follow the cultural norm of big engagement ceremony and "suitable" wedding ceremony.

[imaisha 0]

Doing a K1 with a religious ceremony prior to US entry is technically allowed, but can cause problems because the CO and/ or border agent may decide you are "really" married and deny the visa.

If the foreign spouse's country does not have civil marriages and religious ceremonies are the only option then DO NOT do it. If the marriage is legally recognized in the foreign country then you're legally married according to the US. The officials at the consulate will be well aware of marriage traditions in the country and will not let that slide if you're going for a K-1.

If you're considering marriage in a third country and paying people to be witnesses, how is that different from getting married in the US? Your spouse still wouldn't have her family there...

[Chica Yeyé 41]

Not only that, but I believe spousal visas have to be processed in the consulate where the marriage took place, correct?

[imaisha 0]

Not only that, but I believe spousal visas have to be processed in the consulate where the marriage took place, correct?

Sort of correct. The K-3 will go to the country where the marriage took place. The CR-1 will go to the country where the beneficiary lives. Another important thing for them to consider!

[Chica Yeyé 41]

Not only that, but I believe spousal visas have to be processed in the consulate where the marriage took place, correct?

Sort of correct. The K-3 will go to the country where the marriage took place. The CR-1 will go to the country where the beneficiary lives. Another important thing for them to consider!

There you go --- I knew there was something like that. thanks.

[Cincinnatiguy 0]

I think I will go with the CR1-IR1 route right away. Hopefully the small civil wedding will not be looked at doubtfully by the CO. Thanks

[redmen99 1]

My husband and I had a small ceremony in the US in June to get the ball rolling on his CR-1 visa. My family and a few mutual friends were there as witnesses. We are having another ceremony (vow renewal) in the Dominican in November and that will be the anniversary we celebrate. But as far as USCIS and this whole process goes, our wedding anniversary is June.