Getting married in the USA online while still undergoing the K1 process?

[Rubbertoe32 2]

Hello I have a question that I might already know the answer to but I figured that I might as well ask here to see if anyone with a wider knowledge or experience base can enlighten me a bit. 

 

My fiancé (now wife) and I were undergoing the K1 process since February of last year (NOA 1 2/2/20 and NOA 2 6/18/20) and as many of you know, the process has slowed down to almost a halt, since the emergence of COVID. We feel we have been stuck at the NVC for ages!

 

At my fiancé's request we decided on foregoing the K1 and we got married last month through Utah's online marriage system.  However, we are now seeing movement in our embassy (Manila) and we were wondering if the K1 was still valid since we got married in the US and not in a foreign country. We are legally married in the US but not yet in the Philippines. My gut tells me that our K1 has been voided although we haven't officially withdrawn. I know that we could choose to continue the K1 but there could be issues down the line especially during the adjustment of status if they notice that the official wedding date was before she arrived in the United States. 

 

Does anyone know if our K1 has been officially voided? Or did we just discover a loophole due the novel emergence of online weddings?

[Just Paul 4,591]

A marriage any where is a marriage.  Your K1 is voice.  Withdraw it and File an I-130.

[Crazy Cat 39,285]

16 minutes ago, Rubbertoe32 said:

Hello I have a question that I might already know the answer to but I figured that I might as well ask here to see if anyone with a wider knowledge or experience base can enlighten me a bit. 

 

My fiancé (now wife) and I were undergoing the K1 process since February of last year (NOA 1 2/2/20 and NOA 2 6/18/20) and as many of you know, the process has slowed down to almost a halt, since the emergence of COVID. We feel we have been stuck at the NVC for ages!

 

At my fiancé's request we decided on foregoing the K1 and we got married last month through Utah's online marriage system.  However, we are now seeing movement in our embassy (Manila) and we were wondering if the K1 was still valid since we got married in the US and not in a foreign country. We are legally married in the US but not yet in the Philippines. My gut tells me that our K1 has been voided although we haven't officially withdrawn. I know that we could choose to continue the K1 but there could be issues down the line especially during the adjustment of status if they notice that the official wedding date was before she arrived in the United States. 

 

Does anyone know if our K1 has been officially voided? Or did we just discover a loophole due the novel emergence of online weddings?

Your K-1 was voided as soon as you married.  You no longer qualify for a K-1.  You can NOT choose to continue the K-1.  Now, you must meet to complete the marriage before you can file an I-130 (to start the CR-1 process).  

Edited October 27, 2021 by Crazy Cat

[Pupmom 24]

When you had the online wedding, were you both physically present in the same location? If not, you may run into married for K-1 and not married enough for CR-1. For the marriage to be considered for immigration purposes, you should be present in the same location after the marriage ceremony for 'consummation'. Keep that in mind as you file I-130.

[Just Paul 4,591]

Ok, file the Report of Marriage at the Filipino Consulate, get a 9A visa, meet you wife and then file the I-130.

[Adventine 3,187]

The K1 process was gone as soon as you got married. You are now legally married everywhere in the world.

 

Your only choice now is to proceed with the spousal visa process, as others have said.

[Dashinka 23,252]

I will just reiterate, unless you were both together (in person) during the online ceremony, you cannot even file the I130 for the CR1/IR1 until you have met in person physically.  I agree with the others, the K1 is no longer an option.

 

Good Luck!

[Rubbertoe32 2]

I guess there wasn't any loophole we could squeeze through (as expected). Now to begin my paperwork for the 9a and start our CR1 process!

 

Thanks guys for the clarity!

[SalishSea 16,777]

4 hours ago, Rubbertoe32 said:

I know that we could choose to continue the K1 but there could be issues down the line especially during the adjustment of status if they notice that the official wedding date was before she arrived in the United States. 

Incorrect.  You are no longer eligible for the K-1 visa, and unfortunately you cannot even file for the CR-1 until you meet in person.  Kind of shot yourself in the foot there.

Edited October 27, 2021 by Jorgedig

[Rubbertoe32 2]

7 minutes ago, Jorgedig said:

Incorrect.  You are no longer eligible for the K-1 visa, and unfortunately you cannot even file for the CR-1 until you meet in person.  Kind of shot yourself in the foot there.

We are well aware of that. We have already started collecting paperwork for our ROM and 9A Visa. 

[HRQX 4,145]

*** Moved to Philippines regional forum because next steps are ROM and 9A visa ***