Is a Zoom Marriage Valid for Immigration?

[PZibran325 112]

57 minutes ago, 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.  

I'm not even sure NY law factors much into it because when you get married you are not going to be in NY (you will be in a different country) and the marriage officiant is going to be in Utah and not with the two of you. Quite honestly I am not sure how this is going to work. why not get a marriage officiant where you both are going to be? 

 

As far as getting married on a first visit, in general, it is a red flag. Wouldn't it be if you had met someone in New York, and married them on a first date or within the first month? That's why it is a red flag, however, as someone mentioned before just because it might be a red flag doesn't mean your I-130 won't be approved. It is probably more common now with the fact that most of us sponsoring our spouses are long distance couples and there's a pandemic which causes a LOT of uncertainty with respect to which country comes up with which restrictions and when. SO i wouldn't worry about that part too much, just be prepared to provide evidence of a bona fide relationship. What I am more concerned is making sure your zoom marriage is acceptable with the officiant is going to be remote. What about witnesses? If I were you, i'd consider getting a local officiant and if you are set on the idea of the zoom marriage with a remote officiant, I might consider calling USCIS and asking about whether that is acceptable or doing research into what USCIS considers acceptable in terms of a marriage.

 

Please do check the attached image or the URL

 

https://www.fickeymartinezlaw.com/immigration/proxy-marriage-for-u-s-immigration/#:~:text=Does USCIS Recognize Proxy Marriage,if two elements are present.&text=Second%2C the proxy marriage is,by proxy) consummate the relationship.

Edited April 17, 2021 by PZibran325
adding info for proxy marriages

[ilikepotatoes 37]

3 minutes ago, PZibran325 said:

I'm not even sure NY law factors much into it because when you get married you are not going to be in NY (you will be in a different country) and the marriage officiant is going to be in Utah and not with the two of you. Quite honestly I am not sure how this is going to work. why not get a marriage officiant where you both are going to be? 

 

As far as getting married on a first visit, in general, it is a red flag. Wouldn't it be if you had met someone in New York, and married them on a first date or within the first month? That's why it is a red flag, however, as someone mentioned before just because it might be a red flag doesn't mean your I-130 won't be approved. It is probably more common now with the fact that most of us sponsoring our spouses are long distance couples and there's a pandemic which causes a LOT of uncertainty with respect to which country comes up with which restrictions and when. SO i wouldn't worry about that part too much, just be prepared to provide evidence of a bona fide relationship. What I am more concerned is making sure your zoom marriage is acceptable with the officiant is going to be remote. What about witnesses? If I were you, i'd consider getting a local officiant and if you are set on the idea of the zoom marriage with a remote officiant, I might consider calling USCIS and asking about whether that is acceptable or doing research into what USCIS considers acceptable in terms of a marriage.

Another user on VJ posted about her success going through this particular county in Utah with a Zoom ceremony. That’s where I got the idea in the first place. Witnesses can attend virtually, that is all organized ahead of time.

 

We have done so much research, and have tried to figure out how to have a traditional marriage either in his home country (Zimbabwe), or current country of residence (Ukraine). Both countries are very difficult to obtain marriage licenses from. Now throw a pandemic into the mix, and it’s even more of a mess. I’ve got  fingerprints, a background check, and a non impediment to marriage certificate sitting on my bookshelf, waiting to be mailed to Zimbabwe to get the marriage process going. But then I was told that we needed to be present in the country for at least 30 days, which just is not financially feasible. Then Zimbabwe banned marriages due to covid numbers. Ukraine is just as impossible. We feel trapped.  I was told that since the marriage is legal in this particular county in Utah, with the officiant in Utah, it would be considered legal. But now I’m getting a little nervous lol. I just don’t know what else to do.

[PZibran325 112]

2 minutes ago, ilikepotatoes said:

Another user on VJ posted about her success going through this particular county in Utah with a Zoom ceremony. That’s where I got the idea in the first place. Witnesses can attend virtually, that is all organized ahead of time.

 

We have done so much research, and have tried to figure out how to have a traditional marriage either in his home country (Zimbabwe), or current country of residence (Ukraine). Both countries are very difficult to obtain marriage licenses from. Now throw a pandemic into the mix, and it’s even more of a mess. I’ve got  fingerprints, a background check, and a non impediment to marriage certificate sitting on my bookshelf, waiting to be mailed to Zimbabwe to get the marriage process going. But then I was told that we needed to be present in the country for at least 30 days, which just is not financially feasible. Then Zimbabwe banned marriages due to covid numbers. Ukraine is just as impossible. We feel trapped.  I was told that since the marriage is legal in this particular county in Utah, with the officiant in Utah, it would be considered legal. But now I’m getting a little nervous lol. I just don’t know what else to do.

No need to get nervous. In this case, it seems you do not have much of a choice but to go this route. It is a risk, but it's worth taking. Such explanations will help you prove the validity of your zoom marriage, so I would go for it. Since it is legal in Utah and you are physically going to be together to consummate the marriage, all you need is:

 

1) Proof that it is legal in utah

2) attach proof of "being together" (pictures, receipts, etc) before and after the marriage (this will prove consummation)

3) the explanation you just provided me may be helpful to add with your application (this helps the immigration officers understand why you would choose to go this route)

 

I would also just to be safe call in to USCIS and ask about this situation. They do have a number, and I believe they have a chat option as well on their site. Not sure how helpful they are because I have never tried them, but it is worth a shot.

 

This is my opinion obviously and not legal advice lol

[ilikepotatoes 37]

5 minutes ago, PZibran325 said:

No need to get nervous. In this case, it seems you do not have much of a choice but to go this route. It is a risk, but it's worth taking. Such explanations will help you prove the validity of your zoom marriage, so I would go for it. Since it is legal in Utah and you are physically going to be together to consummate the marriage, all you need is:

 

1) Proof that it is legal in utah

2) attach proof of "being together" (pictures, receipts, etc) before and after the marriage (this will prove consummation)

3) the explanation you just provided me may be helpful to add with your application (this helps the immigration officers understand why you would choose to go this route)

 

I would also just to be safe call in to USCIS and ask about this situation. They do have a number, and I believe they have a chat option as well on their site. Not sure how helpful they are because I have never tried them, but it is worth a shot.

 

This is my opinion obviously and not legal advice lol

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. 

[PZibran325 112]

18 minutes ago, 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. 

Exactly it is very positive. 

 

See if you can get an affidavit from your officiant that indicates that zoom marriages are not considered proxy in Utah. This will also help you in the sense that even thought USCIS might consider it proxy but the jurisdiction in which the marriage was performed (i.e. Utah) it is not considered proxy. And I would be surprised anyway, if USCIS has not chilled out a bit with respect to such things considering that we are still fighting a pandemic. 

 

I'd not worry too much, I'd do the following:

 

1) call monday and see if you can get a response from them

2) but honestly regardless of the response this is pretty much your only option, so maybe skip calling them and just do it. It has obviously been done before and successfully.

3) then get an affidavit from your officiant that this is not considered proxy marriage in Utah

4) attach proof of "being together" (pictures, receipts, etc) before and after the marriage (this will prove consummation)

5) attach also an explanation why you had to pick this route (i.e. if you didn't go this route you wouldn't be getting married)

[ilikepotatoes 37]

18 hours ago, PZibran325 said:

Exactly it is very positive. 

 

See if you can get an affidavit from your officiant that indicates that zoom marriages are not considered proxy in Utah. This will also help you in the sense that even thought USCIS might consider it proxy but the jurisdiction in which the marriage was performed (i.e. Utah) it is not considered proxy. And I would be surprised anyway, if USCIS has not chilled out a bit with respect to such things considering that we are still fighting a pandemic. 

 

I'd not worry too much, I'd do the following:

 

1) call monday and see if you can get a response from them

2) but honestly regardless of the response this is pretty much your only option, so maybe skip calling them and just do it. It has obviously been done before and successfully.

3) then get an affidavit from your officiant that this is not considered proxy marriage in Utah

4) attach proof of "being together" (pictures, receipts, etc) before and after the marriage (this will prove consummation)

5) attach also an explanation why you had to pick this route (i.e. if you didn't go this route you wouldn't be getting married)

Thank you so much for these thoughtful responses. Definitely feeling less anxious now and more confident about our decisions! 

[PZibran325 112]

17 hours ago, ilikepotatoes said:

Thank you so much for these thoughtful responses. Definitely feeling less anxious now and more confident about our decisions! 

No problem at all. My pleasure ❤️

Edited April 18, 2021 by PZibran325

[ilikepotatoes 37]

On 4/18/2021 at 3:28 PM, PZibran325 said:

No problem at all. My pleasure ❤️

I truly appreciate it. One other question...we filed for the marriage license before meeting on this trip. The reason for this is simply because we didn’t want to lose the chance of getting a wedding date in May (I leave at the end of May). When I called Utah County, they said that they are booking up for May so far, and that they advised to try to set the date for a ceremony fairly soon. Do you think that they’ll be skeptical being that we filed for this license ahead of time? 

[Ryan H 3,790]

10 minutes ago, ilikepotatoes said:

Do you think that they’ll be skeptical being that we filed for this license ahead of time?

 

I doubt they'll care.

[ilikepotatoes 37]

2 minutes ago, Ryan H said:

 

I doubt they'll care.

Thank you! I think my OCD is the only thing that cares 😂

[PZibran325 112]

2 hours ago, ilikepotatoes said:

I truly appreciate it. One other question...we filed for the marriage license before meeting on this trip. The reason for this is simply because we didn’t want to lose the chance of getting a wedding date in May (I leave at the end of May). When I called Utah County, they said that they are booking up for May so far, and that they advised to try to set the date for a ceremony fairly soon. Do you think that they’ll be skeptical being that we filed for this license ahead of time? 

Honestly, i would be surprised if they even noticed it unless you brought it up. Let me tell you what can happen in such cases where the relationship is less than two years old. They will still approve the petition but grant a two-year conditional green card so that two years later you have to show proof of a bona fide relationship before the beneficiary spouse can get a permanent green card. They don't keep spouses apart unless the beneficiary spouse has a criminal history or the petitioning spouse cannot financially support them once they are here.

[SalishSea 16,770]

On 4/16/2021 at 10:54 PM, PZibran325 said:

I might consider calling USCIS and asking about whether that is acceptable or doing research into what USCIS considers acceptable in terms of a marriage.

 

USCIS does not accept such inquiries.  They don't offer legal advice or assistance of that type.

[ilikepotatoes 37]

3 hours ago, PZibran325 said:

Honestly, i would be surprised if they even noticed it unless you brought it up. Let me tell you what can happen in such cases where the relationship is less than two years old. They will still approve the petition but grant a two-year conditional green card so that two years later you have to show proof of a bona fide relationship before the beneficiary spouse can get a permanent green card. They don't keep spouses apart unless the beneficiary spouse has a criminal history or the petitioning spouse cannot financially support them once they are here.

Great thank you! That’s a relief! I over worry far to much lol

[PZibran325 112]

17 hours ago, Jorgedig said:

USCIS does not accept such inquiries.  They don't offer legal advice or assistance of that type.

I don't disagree with you but based on family members' experiences they do answer questions and can provide some amount of guidance or hints. It sometimes depends on who you get. They will say they can't provide legal advice but at the same time they are the ones who evaluate your case files so depending on who you get some officials are a bit more forthcoming with helpful hints/guidance. 

But as I mentioned to the OP in a later reply, it's better if she just goes that route she has chosen because she does not have another choice. Attach explanations and affidavits and submit her application. 

 

 

[SalishSea 16,770]

21 minutes ago, PZibran325 said:

They will say they can't provide legal advice but at the same time they are the ones who evaluate your case files so depending on who you get some officials are a bit more forthcoming with helpful hints/guidance. 

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.