Legal marriage in U.S.

[RLS]

I have a question about marriage and I'm not sure if I should post it here or the "Culture" forum. Please feel free to move it. I know that with the K1 visa, I have 90 days to marry my SO in the U.S. That is not the problem. My SO recently indicated that she would also like a marriage in China. I'm sure it is for the benefit of her family and friends. I told her that we could possibly have a "ceremonial" marriage for that purpose, but, the "legal" marriage has to take place in the U.S. on a K1 visa. Am I correct about this and have any of you been through a similar situation? Thanks.

[Randy W]

I think the consesus here is that you shouldn't - that the visa somewhere requires you to arrive in the US while still engaged.

 

Of course, you CAN get married in China AFTER receiving the visa, but before leaving. But the warning is that this may cause problems at AOS time.

[hunter]

When your SO comes to the USA and you marry under the fiance visa, get your licence, adjust your status, then go back to china and have a ceremony with the family. When you marry in the USA you will be leagally married in China, that is by treaty.

[tonado]

If you get married in China, your K1 petition will be voided and you have start over with K3 application.

[longstrangetrip]

i would tend to agree with others about not getting married before the interview--remember any lies to a VO might disqualify her from entering the U.S. forever.

 

Also remember in Chinese culture the marriage is the equivalent of going to city hall...then there is the step which would be the equivalent of the reception. in Chinese the "qingjiu" (think it roughly translates as invite for alcohol...) This need not happen immediately--my fiancee's older sister is having well over a year between the registration and the qingjiu. Also, although I would ask a Chinese person about this, you could probably have the qingjiu before leaving without the registration of the marriage--we are going to have the qingjiu in China after she can return to China.

just some random thoughts.

[RLS]

If you get married in China, your K1 petition will be voided and you have start over with K3 application.

205603[/snapback]

There is no way I want that to happen. As I said, it would only be a sybolic marriage, but, from what I'm reading, I should wait until after the legal marriage in the U.S.

[RLS]

i would tend to agree with others about not getting married before the interview--remember any lies to a VO might disqualify her from entering the U.S. forever.

 

Also remember in Chinese culture the marriage is the equivalent of going to city hall...then there is the step which would be the equivalent of the reception.  in Chinese the "qingjiu"  (think it roughly translates as invite for alcohol...)  This need not happen immediately--my fiancee's older sister is having well over a year between the registration and the qingjiu.  Also, although I would ask a Chinese person about this, you could probably have the qingjiu before leaving without the registration of the marriage--we are going to have the qingjiu in China after she can return to China.

just some random thoughts.

205608[/snapback]

Ah, I see, so maybe I should back away from this idea altogether.

[hunter]

If you get married in China, your K1 petition will be voided and you have start over with K3 application.

205603[/snapback]

There is no way I want that to happen. As I said, it would only be a sybolic marriage, but, from what I'm reading, I should wait until after the legal marriage in the U.S.

205610[/snapback]

Not to worry. Just don't register a marriage in China. Several members, including our own Frank, did a full blown ceremony in China before his wiife came over. Just don't show the "wedding" pictures at the interview.

205612[/snapback]

If you absolutly have to marry her before her cr1 is finished, there should be no problem, just send in a I-130 and then K-3 it.

I dont think if you were to marry while pending the cr1 that she would not be able to ever enter the usa.

[SirLancelot]

Ah, I see, so maybe I should back away from this idea altogether.

205611[/snapback]

 

Hi RLS,

 

If you're wanting to go through some motions to seem married in China to appease the Chinese relatives or friends, what they are most interested in is the reception dinner. You don't go around showing people the marriage license from the government, so a wedding reception at a Chinese restaurant, that is what's considered a real marriage in the eyes of the relatives and friends. You can certainly do that. But, as pointed out above, do NOT register the marriage with the Chinese city authority, and you are fully within compliance of the US law if done this way. You can do this before you get legally married in the US. A reception dinner is NOT considered a legal marriage in the eyes of the US legal system.

 

And again as pointed out, do NOT show photos taken at this reception to the VO. Don't confuse them into thinking you've actually married in China legally.

 

This dinner reception would be a very nice and welcomed gesture to the Chinese relatives and friends. They will be more accepting of the girl/woman leaving China after that.

[frank1538]

You should have the legal marriage ONLY in the US. I would strongly advise against trying to have anything other than a ceremonial wedding in China.

 

I'll say this about the ceremonial wedding. It may not be legally binding in the eyes of our respective countries, but in the eyes of Jingwen's family, friends, and Jingwen and me, it was a "done deal". Go for the ceremonial wedding and have the banquest feast, celebrate to your heart's content, but get the legal paperwork done in the US.

[Guest pushbrk]

If you get married in China, your K1 petition will be voided and you have start over with K3 application.

205603[/snapback]

There is no way I want that to happen. As I said, it would only be a sybolic marriage, but, from what I'm reading, I should wait until after the legal marriage in the U.S.

205610[/snapback]

Not to worry. Just don't register a marriage in China. Several members, including our own Frank, did a full blown ceremony in China before his wiife came over. Just don't show the "wedding" pictures at the interview.

205612[/snapback]

If you absolutly have to marry her before her cr1 is finished, there should be no problem, just send in a I-130 and then K-3 it.

I dont think if you were to marry while pending the cr1 that she would not be able to ever enter the usa.

205614[/snapback]

As usual, Frank has the best handle on this. Just as a point of order the CR1 is for married people only. Ron is in the K1 process and will have to abandon it and start over with the CR1 or CR1/K3 if he "absolutely has to marry" before the K1 is issued. CR1 folks "absolutely have to" marry BEFORE filing for a CR1.

 

When it comes to legal matters, married is married and marriages in one country are recognized by other countries. Think for a minute about the chaos if this were not true.

[RLS]

If you get married in China, your K1 petition will be voided and you have start over with K3 application.

205603[/snapback]

There is no way I want that to happen. As I said, it would only be a sybolic marriage, but, from what I'm reading, I should wait until after the legal marriage in the U.S.

205610[/snapback]

Not to worry. Just don't register a marriage in China. Several members, including our own Frank, did a full blown ceremony in China before his wiife came over. Just don't show the "wedding" pictures at the interview.

205612[/snapback]

If you absolutly have to marry her before her cr1 is finished, there should be no problem, just send in a I-130 and then K-3 it.

I dont think if you were to marry while pending the cr1 that she would not be able to ever enter the usa.

205614[/snapback]

As usual, Frank has the best handle on this. Just as a point of order the CR1 is for married people only. Ron is in the K1 process and will have to abandon it and start over with the CR1 or CR1/K3 if he "absolutely has to marry" before the K1 is issued. CR1 folks "absolutely have to" marry BEFORE filing for a CR1.

 

When it comes to legal matters, married is married and marriages in one country are recognized by other countries. Think for a minute about the chaos if this were not true.

205649[/snapback]

Yes, Mike, I know what you are saying is true. I do not "have" to marry Yonghua in China. I think she was mainly concerned about celebrating with her relatives and friends. I think the "dinner party" suggestion is a good one. I did that when I was over there, but, maybe she wants more people there. And, we were all dressed very casual, so maybe she would like the party a little more formal.

[Guest pushbrk]

If you get married in China, your K1 petition will be voided and you have start over with K3 application.

205603[/snapback]

There is no way I want that to happen. As I said, it would only be a sybolic marriage, but, from what I'm reading, I should wait until after the legal marriage in the U.S.

205610[/snapback]

Not to worry. Just don't register a marriage in China. Several members, including our own Frank, did a full blown ceremony in China before his wiife came over. Just don't show the "wedding" pictures at the interview.

205612[/snapback]

If you absolutly have to marry her before her cr1 is finished, there should be no problem, just send in a I-130 and then K-3 it.

I dont think if you were to marry while pending the cr1 that she would not be able to ever enter the usa.

205614[/snapback]

As usual, Frank has the best handle on this. Just as a point of order the CR1 is for married people only. Ron is in the K1 process and will have to abandon it and start over with the CR1 or CR1/K3 if he "absolutely has to marry" before the K1 is issued. CR1 folks "absolutely have to" marry BEFORE filing for a CR1.

 

When it comes to legal matters, married is married and marriages in one country are recognized by other countries. Think for a minute about the chaos if this were not true.

205649[/snapback]

Yes, Mike, I know what you are saying is true. I do not "have" to marry Yonghua in China. I think she was mainly concerned about celebrating with her relatives and friends. I think the "dinner party" suggestion is a good one. I did that when I was over there, but, maybe she wants more people there. And, we were all dressed very casual, so maybe she would like the party a little more formal.

205652[/snapback]

Yes, I'm sure she would like a more formal celebration banquet, perhaps including some sort of ceremony and where she can wear a formal Cheong-sam. (dress) usually red. I would simply do anything she wants except to go to the marriage office and get a marriage certificate.

[RLS]

Thank you all for your input. I believe I have this one ironed out and problem solved. Again, it was something that got lost and misunderstood in translation. This site is so supportive it is incredible to me.

[Luo_Bin_&_Jialu]

RLS:

 

I am sure everything everyone has said seems like simple common sense, which it is. I will share my experiences with you..

 

Me and my Lulu did the ceremonial dinner with family at nice hotel--about 50-60 people. We made sure we had the words 'engagement" on the backdrop, but had pictures of us in wedding clothing. It was not a legal wedding, but in our minds and in that of the family, the engagement was a commitment to marriage, which was as good as any legal document to us. We did show these photos to USCIS and also to GUZ with no problem. I am not advocating anything or recommending anything, I am only sharing my experience with you.

 

I wish you and yours all the best! BTW, we are expecting our first child in two months!

 

Rob