Approved Spouse Visa. Zoom Marriage!

[millefleur 5,037]

4 hours ago, my_gf_wants_cr1 said:

What are the odds of this (zoom wedding) working if both partners (one is dual citizen with US) are living together and eligible to marry in their home country, but are reluctant for various reasons?

Regarding your other thread: I assume the Embassy in Israel is aware of the religious requirements to marry, so that seems like a legit reason to pursue a Zoom marriage. Also, Covid is still a problem worldwide so marrying in a 3rd country might be difficult. Zoom is worth a try for sure.

 

I wouldn't worry about extra scrutiny unless your case has other red flags (prior divorces with foreigners/prior petitions of said ex's, criminal records, etc.) Given the Covid situation, a Zoom marriage is no longer something so strange. Here's a reddit thread with more info:

 

 

[my_gf_wants_cr1 13]

9 hours ago, Dashinka said:

As long as you meet the requirements of being legally married, and you have been together physically after the wedding ceremony, I doubt USCIS will give it much notice.  Many folks do destination weddings for whatever reason, and that works.  You may get a CO that inquires, but it should not impact anything.

 

Good Luck!

Understood, thanks!

 

7 hours ago, millefleur said:

Regarding your other thread: I assume the Embassy in Israel is aware of the religious requirements to marry, so that seems like a legit reason to pursue a Zoom marriage. Also, Covid is still a problem worldwide so marrying in a 3rd country might be difficult. Zoom is worth a try for sure.

 

I wouldn't worry about extra scrutiny unless your case has other red flags (prior divorces with foreigners/prior petitions of said ex's, criminal records, etc.) Given the Covid situation, a Zoom marriage is no longer something so strange. Here's a reddit thread with more info:

I also assume they are aware; my issue is them saying "You are married enough in the eyes of Utah and USA, but you both live in Israel and were in Israel during the ceremony, and Israel does not recognize this marriage, and you are applying for I-130/CR-1 visa Israel, so we can't also recognise this marriage; please come back after this marriage is recognised by Israel or if you married in a proper way".

[Dashinka 23,267]

41 minutes ago, my_gf_wants_cr1 said:

Understood, thanks!

 

I also assume they are aware; my issue is them saying "You are married enough in the eyes of Utah and USA, but you both live in Israel and were in Israel during the ceremony, and Israel does not recognize this marriage, and you are applying for I-130/CR-1 visa Israel, so we can't also recognise this marriage; please come back after this marriage is recognised by Israel or if you married in a proper way".

Except you are married according to what the US recognizes.  It is a similar situation that a same sex couple might encounter if one or both of them are in a country where this type of marriage is not recognized or legal.  The CO may ask about it, but they have to follow the laws of the US.  
 

The other thing that is an advantage for you and your significant other with the Zoom wedding is that you are both together, so you can file the I130 as soon as you have a copy of the marriage certificate.  Other couples that take this type of route and are physically apart have to make arrangements to meet physically after the ceremony to meet the requirements for USCIS.

 

Good Luck!

[my_gf_wants_cr1 13]

2 minutes ago, Dashinka said:

Except you are married according to what the US recognizes.  It is a similar situation that a same sex couple might encounter if one or both of them are in a country where this type of marriage is not recognized or legal.  The CO may ask about it, but they have to follow the laws of the US.  
 

The other thing that is an advantage for you and your significant other with the Zoom wedding is that you are both together, so you can file the I130 as soon as you have a copy of the marriage certificate.  Other couples that take this type of route and are physically apart have to make arrangements to meet physically after the ceremony to meet the requirements for USCIS.

 

Good Luck!

If we go this route, we plan on recording the Zoom wedding and have witnesses take pictures.

Obviously we still have the lease and the fact we are both in Israel to support us for the physical thing.

 

Thank you!

[millefleur 5,037]

9 hours ago, my_gf_wants_cr1 said:

I also assume they are aware; my issue is them saying "You are married enough in the eyes of Utah and USA, but you both live in Israel and were in Israel during the ceremony, and Israel does not recognize this marriage, and you are applying for I-130/CR-1 visa Israel, so we can't also recognise this marriage; please come back after this marriage is recognised by Israel or if you married in a proper way".

If it makes you feel at ease, DoS has protocol typed up for "proxy marriage" which is what a Zoom marriage would be:

https://fam.state.gov/fam/09FAM/09FAM010208.html

 

9 FAM 102.8-1(D)  Proxy Marriages

(CT:VISA-1272;   05-03-2021)

 

A marriage where one or both parties was not present (proxy marriage) is not valid unless the marriage was consummated. 

(1)  Consummated:  For the purpose of issuing a visa to a “spouse,” a proxy marriage that has been subsequently consummated is deemed to have been valid as of the date of the proxy ceremony.  A proxy marriage consummated prior to the proxy ceremony cannot be considered a valid marriage for visa adjudication purposes unless it has been consummated subsequently.

 

(2)  Unconsummated:  A proxy marriage that has not been subsequently consummated does not create or confer the status of “spouse” pursuant to INA 101(a)(35).  For IV cases, a party to an unconsummated proxy marriage may be processed as a nonimmigrant fiancé(e).  A proxy marriage celebrated in a jurisdiction recognizing such marriage is generally considered to be valid; thus, an actual marriage in the United States is not necessary if the applicant is admitted to the United States under INA provisions other than as a spouse.  (See 9 FAM 502.7-3(B) for additional information on fiancé classifications.) 

Edited December 22, 2021 by millefleur

[Ontarkie 13,918]

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