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Is a Zoom Marriage Valid for Immigration?

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Filed: IR-1/CR-1 Visa Country: Canada
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1 hour ago, Jorgedig said:

Sorry, but you are incorrect.  The adjudicators of the petitions are not the tier 1 or tier 2 customer service reps.  There is no route for the public to speak directly to adjudicators.

I'm sorry, maybe I needed to be more specific. I didn't mean the representatives on the phone are the ones handling your case, I meant USCIS evaluates your case files so some customer reps MAY be more in the know and MAY be able to offer some helpful hint or guidance.

 

I have mentioned before in this thread and to the OP, but I will reiterate again that I have no experience with this I am only providing advice based on my own experience and family members' who have been through the process.

 

I'm sure if the OP called they would tell her if they can't answer her query, or she might get someone who can provide a helpful hint (again a hint not necessarily an answer) and if you read my later replies to the OP you'd likely notice a reply that suggested to her not to even bother calling--so at this point, I am not sure why you and I are having a long drawn discussion about something that was a part of my initial advice which I later revised but wouldn't harm her even if she did try it.

 

I can only assume that the reason is that you are only trying to help and likely just trying to correct me where you are noticing I'm wrong in hopes of helping me in my journey. But I really do think it would be a more productive use of your time if you replied to the OP with your advice if you have any. But I really do appreciate you, thank you.

 

 

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February 2021 - Sent I-130

July 2021 - Sent expedite request

July 2021 - Approved 

August 2021 - NVC Welcome Letters

November 2021 - NVC requests missing documents

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May 2022  Notice of interview appointment

June 2022 - Interview + put in AP

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April 2023 - new medical submitted, visa status changed to issued

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1 minute ago, PZibran325 said:

I'm sorry, maybe I needed to be more specific. I didn't mean the representatives on the phone are the ones handling your case, I meant USCIS evaluates your case files so some customer reps MAY be more in the know and MAY be able to offer some helpful hint or guidance.

 

I have mentioned before in this thread and to the OP, but I will reiterate again that I have no experience with this I am only providing advice based on my own experience and family members' who have been through the process.

 

I'm sure if the OP called they would tell her if they can't answer her query, or she might get someone who can provide a helpful hint (again a hint not necessarily an answer) and if you read my later replies to the OP you'd likely notice a reply that suggested to her not to even bother calling--so at this point, I am not sure why you and I are having a long drawn discussion about something that was a part of my initial advice which I later revised but wouldn't harm her even if she did try it.

 

I can only assume that the reason is that you are only trying to help and likely just trying to correct me where you are noticing I'm wrong in hopes of helping me in my journey. But I really do think it would be a more productive use of your time if you replied to the OP with your advice if you have any. But I really do appreciate you, thank you.

 

 

Many of the corrections or responses made by senior members in these threads is for the benefit of future readers of the boards.  I was correcting the inference that one can get advice on "what USCIS considers acceptable" regarding zoom marriages by calling USCIS customer service, as well as that "they are the ones who evaluate your case files."

 

Maybe you didn't mean to suggest that the Tier1/Tier2 reps adjudicate petitions, but it came across that way, so I wanted to clarify that for others.  I would be shocked if someone called the customer service line and was told that a zoom marriage performed remotely in Utah would be acceptable.  That is legal advice, and that is not within their scope.

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Filed: Lift. Cond. (apr) Country: China
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**Bickering post removed**

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
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September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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  • Captain Ewok changed the title to Is a Zoom Marriage Valid for Immigration?
On 4/16/2021 at 12:49 AM, ilikepotatoes said:

I know there is a requirement to be physically present/to consummate the marriage in order for it to be recognized as a valid marriage. However, in our case we will actually be together in the same country during the ceremony, with the officiant in the US. Would this benefit us and be recognized as valid by USCIS? As long as that requirement is met, will our marriage be considered legitimate

I'm confused. Why not just get married in person if this is the case? 

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Filed: Citizen (apr) Country: Russia
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10 hours ago, LizaJane said:

I'm confused. Why not just get married in person if this is the case? 

It might be easier and less hassle to get a valid marriage certificate this way than in the country they are currently in.  

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

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Filed: Citizen (apr) Country: Russia
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On 4/17/2021 at 2:24 AM, ilikepotatoes said:

Thank you so much for your thoughtful responses. I appreciate the advice. I will definitely give them a call on Monday, as I assume they will be closed over the weekend. 
 

Where it becomes hazy to me is that...as far as I know, proxy marriages aren’t permitted in Utah, BUT they don’t consider a marriage over Zoom to be by proxy. And this is definitely legal in this particular county. It’s USCIS that considers it to be proxy. This is just my very vague understanding of the matter. However, when I spoke to the gentleman in Utah, he told me he didn’t think this would be an issue, as long as we can prove the consummation aspect of the marriage. So confusing. But since someone else seemed to have success going this route, that is at least a positive. 

This is not by definition a proxy marriage in that you or your fiancé are not having other people standing in for yourselves at the ceremony.  This type of marriage falls into a different category where all parties are in contact with each other remotely.  That being said, USCIS/NVC/Consulates still sort of treat it like a proxy marriage so the "consummation" portion is required.  As others have said, the details of the "consummation" are not required, but documenting that you and your now spouse have been physically present together after the ceremony and before you file the I130 is important.

 

Good Luck!

Edited by Dashinka

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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  • 2 weeks later...
On 4/26/2021 at 6:19 PM, Dashinka said:

This is not by definition a proxy marriage in that you or your fiancé are not having other people standing in for yourselves at the ceremony.  This type of marriage falls into a different category where all parties are in contact with each other remotely.  That being said, USCIS/NVC/Consulates still sort of treat it like a proxy marriage so the "consummation" portion is required.  As others have said, the details of the "consummation" are not required, but documenting that you and your now spouse have been physically present together after the ceremony and before you file the I130 is important.

 

Good Luck!

Thank you for your response! Everyone’s posts have helped us to stay positive. I am with him now, and the ceremony is next week, so proving that we have been together after the ceremony won’t be an issue. I’m actually going to extend my stay for an additional month too. So excited! 

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  • 4 weeks later...
Filed: IR-1/CR-1 Visa Country: Jamaica
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On 4/16/2021 at 11:11 AM, ilikepotatoes said:

I will be with him for over a month. And then I’m visiting him a second time to see him graduate about a month later. That’s still a red flag?

I marry my husband on our first visit and I am a citizen now.. we did not have any issues but after we marry we spent lots of time together by him visiting me in my country. The key is having evidence of time spent together and lots of pictures etc . 

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  • 1 month later...
On 4/17/2021 at 12:01 AM, ilikepotatoes said:

Thank you for responding. I’m from NY, but the marriage will be officiated “in” Utah, over zoom of course. The gentleman I spoke to said that they don’t consider it to be a proxy marriage, but immigration does. Would this still be considered legal? New York doesn’t allow proxy marriages but they do recognize them, from what I read.  

My concern how can u visit him after marriage of any kind. If you ha d a visitors visa that will cancel after marriage I believe. U will try to enter uA on what type of visa

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43 minutes ago, hannysgrammy@gmai said:

My concern how can u visit him after marriage of any kind. If you ha d a visitors visa that will cancel after marriage I believe. U will try to enter uA on what type of visa

That is not accurate. No visitor visa is cancelled simply because a person got married.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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44 minutes ago, hannysgrammy@gmai said:

Ok so if they marry she tells them she coming to visit with a spousal visa in process. Huh ok

Absolutely!

 

In fact, there are major threads on this site where people visit their loved ones during the process. Tons of people contributed in those threads about how they were able to continue to visit even after a I-130 is filled.

 

Visiting during the spousal visa process....

 

Here is one about people visiting during the fiance (K1) visa process...

 

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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9 hours ago, Unlockable said:

That is not accurate. No visitor visa is cancelled simply because a person got married.

Even if he can’t come to the US to see me, I can continue to go visit him in Ukraine after some months. He’s from Zimbabwe but was studying in Ukraine; he actually is going to extend his visa and work here, because it’s easier for me to visit him in Europe than it is in Africa….shorter and more inexpensive flights. He will travel back to his home country when the time comes for his interview. 

Edited by ilikepotatoes
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Filed: AOS (apr) Country: Philippines
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50 minutes ago, ilikepotatoes said:

Even if he can’t come to the US to see me, I can continue to go visit him in Ukraine after some months. He’s from Zimbabwe but was studying in Ukraine; he actually is going to extend his visa and work here, because it’s easier for me to visit him in Europe than it is in Africa….shorter and more inexpensive flights. He will travel back to his home country when the time comes for his interview. 

Why not interview in Kyiv?

YMMV

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8 hours ago, payxibka said:

Why not interview in Kyiv?

Is that possible? I’ve heard that it’s usually easier to interview in your home country. I will be hiring an immigration lawyer when I return to the states, because I’m too ocd and anxious to do this on my own 😂 but if he says it’s okay for him to interview in Kyiv then that would be awesome! Thanks for responding! 

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