Cr1 or k3, online wedding?

[Monolini 2]

Hello,

This is my first post. I'm an European (Polish) living in the UK and my fiancé is from US. In December I've travelled to the US (for the 3rd time) and the CBP denied me entry, they also cancelled my ESTA so I can't go to the US anytime soon, at least not till I have a tourist visa, which won't happen anytime soon since the US embassies in the UK are closed due to corona. Considering all this we decided to get married ASAP, we wanted to do it anyway this year but now we are even more pressed to do it since we don't can't stand to live apart anymore. Due to my fiancé's work, he can't visit me in the UK for more than 2-3 day twice a year. We were thinking about online wedding when he comes here since destination wedding is out of the question - I already contacted several places in Jamaica, Dominica, Aruba, Antigua, etc and you have to be present over there for at least 3 days to get married, it's not possible for us. I was wondering if any of you could advise what other options we might have. The chances of me getting a tourist visa after being denied entry are slim to none, waiting for k1 - this will take at least 1,5 years because of the backlog, how about k3? Did any of you did this?

Any help will be greatly appreciated as I'm just broken at the moment. I don't know what to do.

[Crazy Cat 39,177]

Unless Biden resurrects the K-3, it is not an option.  Only 5 were issued last year world-wide.  

[pushbrk 12,092]

49 minutes ago, Lucky Cat said:

Unless Biden resurrects the K-3, it is not an option.  Only 5 were issued last year world-wide.  

The death of K3 was caused first, by NVC policies, and then a couple years ago USCIS policy was instituted to kill the K-3 in the infant stage instead of adolescent stage.  Even so, online weddings must be consummated prior to starting ANY spouse visa process.  An online wedding that is supposedly in the USA, would not work for a K3 even if resurrected, as one MUST interview in the country of marriage, and there are no US visa interviews IN the USA. 

 

Forget K3, and forget starting ANY spouse visa process based on a proxy or online marriage until after it has been consummated.  (Evidence of being together in person after the wedding is "consummation" in this context.)

[HRQX 4,145]

19 minutes ago, pushbrk said:

even if resurrected, as one MUST interview in the country of marriage, and there are no US visa interviews IN the USA.

That requirement is specifically for a marriage that "occurs" outside of the US.

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-spouse-k-3.html "If the marriage took place in the United States, the NVC will send the petition to the U.S. Embassy or Consulate that issues visas in the foreign-citizen spouse’s country of nationality."

https://fam.state.gov/fam/09FAM/09FAM050207.html

Edited January 22, 2021 by HRQX

[Boiler 43,391]

I would be inclined to wait until he gets more vacation, 4 to 6 days a year?

[Monolini 2]

58 minutes ago, pushbrk said:

The death of K3 was caused first, by NVC policies, and then a couple years ago USCIS policy was instituted to kill the K-3 in the infant stage instead of adolescent stage.  Even so, online weddings must be consummated prior to starting ANY spouse visa process.  An online wedding that is supposedly in the USA, would not work for a K3 even if resurrected, as one MUST interview in the country of marriage, and there are no US visa interviews IN the USA. 

 

Forget K3, and forget starting ANY spouse visa process based on a proxy or online marriage until after it has been consummated.  (Evidence of being together in person after the wedding is "consummation" in this context.)

We will get married in the UK when he will be here in May so we will both be present and the marriage will be consumated

[Monolini 2]

41 minutes ago, Boiler said:

I would be inclined to wait until he gets more vacation, 4 to 6 days a year?

He won't. That's the problem. That's why it was me travelling to the US not other way around. 

Anyway, we are going to hire an immigration lawyer to help, there has to be some option 

[top_secret 2,059]

2 hours ago, Monolini said:

I already contacted several places in Jamaica, Dominica, Aruba, Antigua, etc and you have to be present over there for at least 3 days to get married, it's not possible for us.

Costa Rica would let you fly in, have a notary marry you in the airport parking lot, and fly out the same day if you were really in a rush.  Only documents required is your passports.

[Monolini 2]

3 minutes ago, top_secret said:

Costa Rica would let you fly in, have a notary marry you in the airport parking lot, and fly out the same day if you were really in a rush.  Only documents required is your passports.

Really??? I will definitely look into it. Thank you, this is very helpful!

[pushbrk 12,092]

1 hour ago, HRQX said:

That requirement is specifically for a marriage that "occurs" outside of the US.

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-spouse-k-3.html "If the marriage took place in the United States, the NVC will send the petition to the U.S. Embassy or Consulate that issues visas in the foreign-citizen spouse’s country of nationality."

https://fam.state.gov/fam/09FAM/09FAM050207.html

Yes, you're correct.  K3 has been dead for a decade, so I forgot that little detail.

 

[pushbrk 12,092]

40 minutes ago, Monolini said:

He won't. That's the problem. That's why it was me travelling to the US not other way around. 

Anyway, we are going to hire an immigration lawyer to help, there has to be some option 

Actually, there does NOT "have to be" some option you like, or that fits HIS job situation.  USCIS and Dept. of State do not adapt to you.  YOU adapt to the law.  Any qualified immigration attorney will tell you the same.  See for yourself.

[laylalex 7,245]

2 hours ago, Monolini said:

We will get married in the UK when he will be here in May so we will both be present and the marriage will be consumated

You do know that he needs a special visa to get married in the UK? Even though you're not a UK citizen? Even though he doesn't plan to settle in the UK? It's not straightforward like it is in the US where you can just rock up with your IDs, get a license and get married within a few days. It takes a LOT of planning and more than one visit by him (you will have to go together to the register office for example, and then wait until you can get married for a lot longer than 2-3 days). 

[Boiler 43,391]

Maybe Poland would be easier?

[laylalex 7,245]

5 minutes ago, Boiler said:

Maybe Poland would be easier?

Gibraltar gets mentioned a lot recently. 

[SalishSea 16,744]

3 hours ago, Monolini said:

Anyway, we are going to hire an immigration lawyer to help, there has to be some option 

Immigration lawyers are useful in some cases, but they cannot do anything about existing laws, wait times, COVID, the UK's marriage visa policies, etc.   Waste of money IMHO, because whatever they advise you to do will still be within the framework of legal immigration.  Not fast.  Or cheap.