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Kim Oppn

Utah Online marriage DV visas - LGBTQ

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Filed: Other Country: Thailand
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I'm a Diversity Immigrant Visa Progam selectee. As I checked the instruction, a spouse can be included in DV visas. However I and my girlfriend are LGBTQ that we couldn't get marriage certificate from our country government.

Then I found that Utah county can provide the marriage certification by online. Couple don't need to be at there. 

https://www.utahcounty.gov/Dept/clerkaud/PassMarr/OnlineMarriage.asp

Whether this certification and be used for included my girlfriend to DV visa as my spouse or not.

Is it work even though I and my girlfriend havn't been at Utah? (We're live together at Thailand for 10 years)

If it doesn't work finally, our visas will be rejected both or I still can have it?

 

We're looking for a way to make family life together. Welcome for all replied. Please shared your experience and comment.

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Filed: Country: Vietnam (no flag)
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I don't think anyone can answer your question.  Don't know how the US Embassy would view two Thais with a Utah wedding certificate.


You are the only one who can say if immigrating together is worth risking your chance to immigrate to the US.

 

I propose a different plan.  Immigrate to the US as a single person, get your green card, fly back and do your Zoom wedding as an LPR, file for your spouse in the F2a category, and get a Re-Entry Permit.  

If it was me, I would take the path safely traveled on of a US LPR/Zoom wedding vs. the unknown of two Thais/Zoom wedding.

This is ultimately your choice.


Good luck.

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Filed: Country: Vietnam (no flag)
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Posted (edited)
6 minutes ago, Kim Oppn said:

My friend called Utah office, they don't  requires to be a US citizen.

The Utah office doesn't decide if you and your spouse would get visas after a Zoom wedding.


The US Embassy will decide whether you and your spouse will get visas.  How do you think they would view two Thais who have ZERO connections to the US, neither are US residents or citizens, probably never been to the US, getting marry via a Utah Zoom wedding after winning the DV lottery visa?  Do you want to be the test case?

Edited by aaron2020

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1 hour ago, Kim Oppn said:

My friend called Utah office, they don't  requires to be a US citizen.

Well, I do believe you may be the first and I see nothing standing in your way . I don’t see how they can refuse to recognize  the Utah marriage in your case and it’s an excellent solution for same sex marriage in countries that do not allow such.  

The consulates do recognize same sex marriages even in countries that do not allow such…when the couple presents a  traditional marriage certificate obtained in other countries where it is permitted. 
 

There is nothing that would permit DOS/USCIS to differentiate between a USC , LPR or principal beneficiary of an immigrant visa ( DV) being able to do the UTAH online marriage. ( it’s basically a consummated proxy marriage) … and since Utah confirmed you can, then I say “ Why not be the first to do so! “ 

 

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

 

https://lawandborder.com/is-a-utah-marriage-over-zoom-valid-for-immigration-purposes/
 

 

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Filed: Citizen (apr) Country: Russia
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I agree with @Family, foreigners come to the US and get married, so I don’t see why the Utah Zoom wedding would not work for you.

 

Good luck and let us know how it works out.


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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Filed: IR-1/CR-1 Visa Country: Norway
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8 hours ago, Kim Oppn said:

My friend called Utah office, they don't  requires to be a US citizen.

If you have a Facebook account I suggest you join the group "Utah Marriages- Support and Advice"! I believe there are multiple couples residing outside of the US that actually have gotten married this way, including LGBTQ :) The people performing the ceremonies are also members of this group and answer questions that comes up. However, a republican candidate is (most likely) taking office in January, he is against the concept and wants it discontinued  https://davidsonclerk.com/?fbclid=IwAR2mXWNKAbO3_LqjoPiNiFQXfNgdl0cvBXctHpdwm7GQ9wZJXbFvq3e1apk  (see the Against Universal Marriage Licenses For All tab). This will not affect marriages that have already taken place. 

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Posted (edited)
2 hours ago, AnnaCa said:

  However, a republican candidate is (most likely) taking office in January, he is against the concept and wants it discontinued  https://davidsonclerk.com/?fbclid=IwAR2mXWNKAbO3_LqjoPiNiFQXfNgdl0cvBXctHpdwm7GQ9wZJXbFvq3e1apk  (see the Against Universal Marriage Licenses For All tab). This will not affect marriages that have already taken place. 

So IOW  best to get married now before he takes office and ends it.  
 

I will be surprised if out of a 1000+ counties in the USA, another county doesn’t step up. 
 

There are 4 people running. One of them, https://www.russjrampton.com seems to have invented Utah remote presence marriage and fully supports it. 

Edited by Mike E

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3 hours ago, AnnaCa said:

However, a republican candidate is (most likely) taking office in January 

Are there many/any elected representatives in Utah who aren’t  republican?

 

 

If it’s legal, go ahead and do it. Another option is to find a country you can visit and marry in person, if that’s feasible? I definitely think you should marry before you get the visa, as it is so much easier, cheaper and no extra time to do it this way, vs getting a diversity visa as single and then sponsoring a spouse via F2A.

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Filed: Country: Vietnam (no flag)
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Final post.

 

Utah uber alles.  The laws of Utah are supreme.   If gay marriages is illegal in your country, you've have zero connection to the US, and never been there.  Screw the laws of the world, the Utah marriage certificate saids you are marry.   Go with this and you'll be fine.  

We know the Utah marriage law works when one person is from the US.  People have gotten visas based on this.

NO ONE HAS SEEN A SINGLE CASE OF TWO FOREIGNERS WHO HAVE NO CONNECTION TO THE US BE SUCCESSFUL IN GETING VISAS WHEN THEIR MARRIAGE CAN NOT HAPPEN IN THEIR COUNTRY.  

There's a safe path - F2a.  Then, there is the unknown.  

Your choice.  Good luck.   

 

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Filed: AOS (apr) Country: Germany
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19 minutes ago, aaron2020 said:

NO ONE HAS SEEN A SINGLE CASE OF TWO FOREIGNERS WHO HAVE NO CONNECTION TO THE US BE SUCCESSFUL IN GETING VISAS WHEN THEIR MARRIAGE CAN NOT HAPPEN IN THEIR COUNTRY.  

No one in the whole world or no one on this page? 

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55 minutes ago, aaron2020 said:

There's a safe path - F2a.  Then, there is the unknown.  

Your choice.  Good luck.   

There’s another safe path. It’s going to end up being way easier and probably cheaper for them to visit a country where they can get married legally now and go through the DV process as married, than go through the F2A process.

 

 

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Traveling to another country that allows same sex marriages , to obtain a “ traditional “ marriage certificate “  is not always practical for most , as there are only 30 such countries and require $,, travel  visas and hurdles of logistics. ..Travel restrictions of the pandemic gave birth to Utah online marriage and until it’s done away with, it’s valid. 

DOS/USCIS recognizes the validity of  marriages as per the FAM link and does not require either party to have “ ties” to the “place of celebration “ / marriage location. 

It cannot recognize Utah marriage only for IR’s , while refusing to recognize it for a F-3 ( for example if a theoretical daughter of USC wanted to marry her same sex partner in Thailand via Utah  ) or in this case DV principal applicant. 

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Posted (edited)
2 hours ago, Family said:

Traveling to another country that allows same sex marriages , to obtain a “ traditional “ marriage certificate “  is not always practical for most , as there are only 30 such countries and require $,, travel  visas and hurdles of logistics. ..Travel restrictions of the pandemic gave birth to Utah online marriage and until it’s done away with, it’s valid. 
 

It’s just another destination wedding, like many do. Don’t think many if any of the countries that recognize same sex marriage still have pandemic travel restrictions. Anyway the point was that F2A is not the only other option to Utah. And yes it requires $, logistics, forms etc, but what on earth do you think sponsoring for F2A involves, including visiting each other during the 2-3 years they’re waiting for the process to play out - you don’t seriously think it’s the cheaper option, do you? (Please note that my answer was solely in response to and in the context of an alternative to a remote marriage. I have no insight as to whether the latter is legal for this case.)

 

Edited by SusieQQQ

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