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"non-legal" wedding abroad, entry on K-1, then legally married?

"non-legal" wedding abroad, entry on K-1, then legally married?

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Old Jul 14th 2003, 9:53 am
  #1  
Morena
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Default "non-legal" wedding abroad, entry on K-1, then legally married?

Hello,

I am a US citizen residing in the state of Massachusetts. My fiancee is an
Italian citizen (Padova). I have already filed an alien fiancee petition so
she can apply for a K1 visa and marry me in the US. However, for a variety
of reasons we would like to be able to have a (civil, non-religious) wedding
ceremony in Italy. I have seen in the K1 FAQ the statement that although
one cannot have a legal marriage abroad and then enter the US on a K1 visa,
many people have a non-legal ceremony.

- What sort of non-legal civil ceremony is possible? Can one have an actual
civil wedding, but neglect to complete the steps to "register" or "legalize"
it in the US, hence freeing one to have a legal civil marriage in the US?
Does anyone have experience with this? My fiancee and her family are not
enthusiastic about a ceremony which is simply a family get-together with no
actual "marriage" ceremony.

I appreciate in advance any advice anyone can give!

thanks,

Carlo Dallapiccola

[email protected]

or

[email protected]
 
Old Jul 14th 2003, 2:12 pm
  #2  
Account Closed
 
Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: "non-legal" wedding abroad, entry on K-1, then legally married?

Originally posted by Morena
Hello,

I am a US citizen residing in the state of Massachusetts. My fiancee is an
Italian citizen (Padova). I have already filed an alien fiancee petition so
she can apply for a K1 visa and marry me in the US. However, for a variety
of reasons we would like to be able to have a (civil, non-religious) wedding
ceremony in Italy. I have seen in the K1 FAQ the statement that although
one cannot have a legal marriage abroad and then enter the US on a K1 visa,
many people have a non-legal ceremony.

- What sort of non-legal civil ceremony is possible? Can one have an actual
civil wedding, but neglect to complete the steps to "register" or "legalize"
it in the US, hence freeing one to have a legal civil marriage in the US?
Does anyone have experience with this? My fiancee and her family are not
enthusiastic about a ceremony which is simply a family get-together with no
actual "marriage" ceremony.

I appreciate in advance any advice anyone can give!

thanks,

Carlo Dallapiccola

[email protected]

or

[email protected]
Hi:

You pose a question of ITALIAN law. There is a principle of "conflicts of law" that a marriage is a legally valid marriage if valid under the law of the place of celebration. [There is an exception for bigamous marriages -- even if valid where performed, will not be recognized in the US].

Bottom line in your case -- I don't know. But be careful. I've seen many cases where people think their marriage is not "legal" and it is. For example, in California, if you get a license and the ceremony is performed, you are married even if the certficate never gets registered. In contrast, in Korea, it is the very act of registration that "celebrates" the marriage to create the legal marriage.
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Old Jul 14th 2003, 3:09 pm
  #3  
Go RedSox!
 
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Default

My advice-- go for K3 instead of K1, or have a religious blessing and/or reception in Italy after the legal ceremony in the US.
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Old Jul 14th 2003, 9:28 pm
  #4  
Madelon Mottet
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Default Re: "non-legal" wedding abroad, entry on K-1, then legally married?

I don't think there is any real way that you can satisfy both the family and
immigration. Either you are married or you are not. It seems pointless to go
half-way through a civil ceremony. If you don't complete, you are not
married, and why would that satisfy your family?

Put on a family get together - a pre-reception if you have to give it a
name.Have a treasured, ancient family eccentric with no legal authority read
your vows. Explain why the legal knot has to happen later - the ways of
Immigration bend for no man. Have the immigration regulations printed and
sent with your wedding announcements, so no one will feel deceived. Enjoy
yourself with those who come. You might suggest no wedding gifts until the
final deed is done, and then send post cards with the news.

Madelon


"Morena" wrote in message
news:[email protected]...
    > Hello,
    > I am a US citizen residing in the state of Massachusetts. My fiancee is
an
    > Italian citizen (Padova). I have already filed an alien fiancee petition
so
    > she can apply for a K1 visa and marry me in the US. However, for a
variety
    > of reasons we would like to be able to have a (civil, non-religious)
wedding
    > ceremony in Italy. I have seen in the K1 FAQ the statement that although
    > one cannot have a legal marriage abroad and then enter the US on a K1
visa,
    > many people have a non-legal ceremony.
    > - What sort of non-legal civil ceremony is possible? Can one have an
actual
    > civil wedding, but neglect to complete the steps to "register" or
"legalize"
    > it in the US, hence freeing one to have a legal civil marriage in the US?
    > Does anyone have experience with this? My fiancee and her family are not
    > enthusiastic about a ceremony which is simply a family get-together with
no
    > actual "marriage" ceremony.
    > I appreciate in advance any advice anyone can give!
    > thanks,
    > Carlo Dallapiccola
    > [email protected]
    > or
    > [email protected]
 
Old Jul 15th 2003, 2:31 am
  #5  
Tony
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Posts: n/a
Default Re: "non-legal" wedding abroad, entry on K-1, then legally married?

As Folinskyinla said, this is a matter of Italian law. You need to
find out if a religious ceremony over is a legal marriage. In the US
it is. In Mexico, where my fiance is, it is not. There, the
government does not recognize a church ceremony and the Church does
not recognize a civil ceremony.

The risk you run is having to prove at a later time that the religious
ceremony is not legally recognized.

Search the google group for "religious ceremony" or "non-legal" and
you will see more postings.

Can you do DCF in Italy? That would be the way to go.

Anthony
 
Old Jul 15th 2003, 4:06 am
  #6  
Bob
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Posts: n/a
Default Re: "non-legal" wedding abroad, entry on K-1, then legally married?

"Morena" wrote in message news:...
    > Hello,
    >
    > I am a US citizen residing in the state of Massachusetts. My fiancee is an
    > Italian citizen (Padova). I have already filed an alien fiancee petition so
    > she can apply for a K1 visa and marry me in the US. However, for a variety
    > of reasons we would like to be able to have a (civil, non-religious) wedding
    > ceremony in Italy. I have seen in the K1 FAQ the statement that although
    > one cannot have a legal marriage abroad and then enter the US on a K1 visa,
    > many people have a non-legal ceremony.
    >
    > - What sort of non-legal civil ceremony is possible? Can one have an actual
    > civil wedding, but neglect to complete the steps to "register" or "legalize"
    > it in the US, hence freeing one to have a legal civil marriage in the US?
    > Does anyone have experience with this? My fiancee and her family are not
    > enthusiastic about a ceremony which is simply a family get-together with no
    > actual "marriage" ceremony.
    >
    > I appreciate in advance any advice anyone can give!

A friend of mine just had a lawyer friend perform a ceremony. Or you
could have it without a license.
    >
    > thanks,
    >
    > Carlo Dallapiccola
    >
    > [email protected]
    >
    > or
    >
    > [email protected]
 
Old Jul 15th 2003, 5:16 am
  #7  
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Default

i am mexican so i agree with tony:
for us, the religious ceremony -which is done with much pomp and hassle such as flowers, white gown, walk down the aisle, ring exchange, bridesmaids, etc-is not valid legally, so you can perform that wedding for the family and have it be a huge deal without meaning squat in the eyes of the law.

in the usa that religious ceremony might have legal validity since the preacher does it "with the power invested in him by the state of" wherever.

so my advise would be: get a religious ceremony if the situation in italy is similar to the one in mexico where church and state are separate, therefore the preacher has no power invested by any legal body, just god.
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