Utah Online Marraige (merged)

[emilyneff 2]

2 hours ago, blchaddy said:

Neither is fraud. It would only be fraud if you intended on having him adjust status while here to permanently stay in the US. 

Thank you. The post i had been responding to really scared me so I appreciate you clarifying. 

[emilyneff 2]

2 hours ago, ROK2USA said:

Issue is they might suspect fraud as OP's partner has a pending K1 petition on file. 

If he enters and they ask him the reason for his visit he needs to reply "I'm planning on getting married" If that is the purpose of his visit. 

This could lead to a denial. 

Same thing could happen if he enters on B2 and when asked why he is visiting he replies "to see my wife". They see he has a K1 on file and say "you can't enter because we suspect you plan to adjust". 

Good point. We're revoking our pending k-1 and not planning on doing anything else until we get confirmation that it's been revoked 

[Family 3,483]

32 minutes ago, emilyneff said:

Good point. We're revoking our pending k-1 and not planning on doing anything else until we get confirmation that it's been revoked 

If the intent is to marry, and K-1 has already been filed , I still have not read what the reason for withdrawing the K-1 is.
The record will remain something that WILL INDICATE the relationship still exists , but we are withdrawing the I-129 F “ cause it’s not fast enough, don’t want problems traveling, want to get married and file an I-130?….or.). NONE of those reasons will make a POE Officer more comfortable…than simply disclosing that WE ALREADY HAVE a properly filed K-1 and are pursuing the legal path and I am entering for short period to visit.

 

How long has your I-129 F been pending? ..you lose all that time and start from zero when filing an I-130 Why are thinking it will help to withdraw? ( I know it’s semantics but you get to “ withdraw” and only USCIS gets to “ revoke”) If you have a good case and even a tough consulate, you can just prepare a good packet for his interview and even plan to fly there for the interview so he can tell the officer, my fiancée is outside waiting for you to approve us. 
 

 

 

[emilyneff 2]

9 minutes ago, Family said:

If the intent is to marry, and K-1 has already been filed , I still have not read what the reason for withdrawing the K-1 is.
The record will remain something that WILL INDICATE the relationship still exists , but we are withdrawing the I-129 F “ cause it’s not fast enough, don’t want problems traveling, want to get married and file an I-130?….or.). NONE of those reasons will make a POE Officer more comfortable…than simply disclosing that WE ALREADY HAVE a properly filed K-1 and are pursuing the legal path and I am entering for short period to visit.

 

How long has your I-129 F been pending? ..you lose all that time and start from zero when filing an I-130 Why are thinking it will help to withdraw? ( I know it’s semantics but you get to “ withdraw” and only USCIS gets to “ revoke”) If you have a good case and even a tough consulate, you can just prepare a good packet for his interview and even plan to fly there for the interview so he can tell the officer, my fiancée is outside waiting for you to approve us. 
 

 

 

Our reason is we are two months into the K-1 process and found out that certain things aren't the way we thought they were, and the Cr-1 is the best for us. He has a job in South Africa, he has family that relies on him there, and he goes to school there. I don't feel, with all that, there are causes for alarm just because we have been married online and have a withdrawn i-129f. I have no problems with him telling the customs officer, "Yeah, we withdrew our K-1 because of processing times, we got married online and I'm here just to visit." People with pending Cr-1's successfully use their tourist visas to go see their spouses. Do you see any new concerns with that? 

[Family 3,483]

3 minutes ago, emilyneff said:

Our reason is we are two months into the K-1 process and found out that certain things aren't the way we thought they were, and the Cr-1 is the best for us. He has a job in South Africa, he has family that relies on him there, and he goes to school there. I don't feel, with all that, there are causes for alarm just because we have been married online and have a withdrawn i-129f. I have no problems with him telling the customs officer, "Yeah, we withdrew our K-1 because of processing times, we got married online and I'm here just to visit." People with pending Cr-1's successfully use their tourist visas to go see their spouses. Do you see any new concerns with that? 

Good to hear you did not lose too much time waiting on K-1. It’s a perfectly sound decision to marry and switch to I-130 so no concerns there. .you don’t need to wait to marry or for a confirmation from USCIS that I-129 F is canceled ( they don’t actually send you anything) . Only fly in the ointment w online marriage is that you can’t file I-130 before he visits ( are together in person to consummate )… even if you married today.  
I would not withdraw the I-129 F at all until you are able to consummate ( meet in person) and file the I-130 . ..an unconsummated proxy marriage does invalidate an I-129 F …

.Full speed ahead and Congratulations. 
 

[emilyneff 2]

8 minutes ago, Family said:

Good to hear you did not lose too much time waiting on K-1. It’s a perfectly sound decision to marry and switch to I-130 so no concerns there. .you don’t need to wait to marry or for a confirmation from USCIS that I-129 F is canceled ( they don’t actually send you anything) . Only fly in the ointment w online marriage is that you can’t file I-130 before he visits ( are together in person to consummate )… even if you married today.  
I would not withdraw the I-129 F at all until you are able to consummate ( meet in person) and file the I-130 . ..an unconsummated proxy marriage does invalidate an I-129 F …

.Full speed ahead and Congratulations. 
 

Thank you for explaining that and for your well wishes! Would we not want the i-129f to be invalidated as soon as possible? We are planning on getting married online in June and consummating in July. I actually was worried that our k-1 wouldn't be revoked in time. 

[Family 3,483]

As I see it , withdrawal/ canceling of I-129 F , does NOT eliminate the additional scrutiny of declared immigrant intent…But coming in to “ consummate marriage “ is new territory for POE, so I also think you are doing everything possible to research and plan for contingencies. 
Enjoy the new world without boundary marriage and keep posting your journey. 

[emilyneff 2]

Hi all, has anyone married through Utah web, then met in person in the USA to consummate (validate) that marriage, then filed for the Cr-1? We're going to do that but I'm worried about them questioning him at the border, and I'm looking for personal experiences from others to see how others have done it. I looked in the forums here but most stories have been about people applying for the tourist visa, and my international partner already has his (plus many ties to his home country). 

 

We also considered me meeting him in-person to validate the marriage in his home country, but there are many problems to this due to our personal situation. 

[pushbrk 12,115]

17 minutes ago, emilyneff said:

Hi all, has anyone married through Utah web, then met in person in the USA to consummate (validate) that marriage, then filed for the Cr-1? We're going to do that but I'm worried about them questioning him at the border, and I'm looking for personal experiences from others to see how others have done it. I looked in the forums here but most stories have been about people applying for the tourist visa, and my international partner already has his (plus many ties to his home country). 

 

We also considered me meeting him in-person to validate the marriage in his home country, but there are many problems to this due to our personal situation. 

If your fiancé can enter the US as a visitor, there's no immigration related reason to use the Utah marriage.  Just get married while he's visiting and he goes home to wait out the visa process.  A person needs no special visa to marry in the USA.  The fiancé visa is for marrying and then staying to adjust status. 

[emilyneff 2]

4 minutes ago, pushbrk said:

If your fiancé can enter the US as a visitor, there's no immigration related reason to use the Utah marriage.  Just get married while he's visiting and he goes home to wait out the visa process.  A person needs no special visa to marry in the USA.  The fiancé visa is for marrying and then staying to adjust status. 

Hi. Yes, we've thought about just doing it like this and are considering that too. I am worried about him telling customs "I am here to get married" and then them having reason to think he'll stay for AOS / think it's weird he's not just doing K-1 and deny him. I suppose they'll think he may stay for AOS if he says "I am here to see my wife", but to my understanding a lot of married people are using tourist visas to see their partners as they wait out the Cr-1 process anyway. 

[pushbrk 12,115]

3 minutes ago, emilyneff said:

Hi. Yes, we've thought about just doing it like this and are considering that too. I am worried about him telling customs "I am here to get married" and then them having reason to think he'll stay for AOS / think it's weird he's not just doing K-1 and deny him. I suppose they'll think he may stay for AOS if he says "I am here to see my wife", but to my understanding a lot of married people are using tourist visas to see their partners as they wait out the Cr-1 process anyway. 

Is getting married the only possible true answer when asked the purpose of his visit.  No, it's not.  If he's been here before and left, that makes it easier.  He should bring evidence of his job and return ticket for a brief visit.  When asked the purpose of his visit, he can give a more generic but true answer, like "on holiday" and mention the length of his stay if they haven't already asked that.  Visiting friends and family, going to (wherever your honeymoon is going to be) are all truthful answers that don't raise the red flag that worries you.  In short, his reasons can be the same as they would be AFTER the Utah marriage.  

 

A person is no more obligated to mention they will attend a wedding (even their own) than they are to mention they will visit a public library.  Generic and truthful are the keys for EVERY entry by a visitor under ANY circumstances.

[emilyneff 2]

2 minutes ago, pushbrk said:

Is getting married the only possible true answer when asked the purpose of his visit.  No, it's not.  If he's been here before and left, that makes it easier.  He should bring evidence of his job and return ticket for a brief visit.  When asked the purpose of his visit, he can give a more generic but true answer, like "on holiday" and mention the length of his stay if they haven't already asked that.  Visiting friends and family, going to (wherever your honeymoon is going to be) are all truthful answers that don't raise the red flag that worries you.  In short, his reasons can be the same as they would be AFTER the Utah marriage.  

 

A person is no more obligated to mention they will attend a wedding (even their own) than they are to mention they will visit a public library.  Generic and truthful are the keys for EVERY entry by a visitor under ANY circumstances.

I guess he is also here on holiday, I just don't want to be caught lying by omission - especially because we have a previous k-1 on file (it has been withdrawn). I've read before that people who do this (get married on a tourist visa) try to strategically get married toward the end of their stay so that it doesn't look intentional. It weighs on my conscious because we do have that intention. 

 

Like you said, we could tell them a generic answer like "on holiday" or "visiting friends and family" even after we've married through Utah? We are not obligated to tell them we are married? I really appreciate you talking to me and laying all this out. I just don't want to get my partner in any trouble, so I want to be as honest as possible to customs (without telling them all of our business of course). 

[pushbrk 12,115]

3 minutes ago, emilyneff said:

I guess he is also here on holiday, I just don't want to be caught lying by omission - especially because we have a previous k-1 on file (it has been withdrawn). I've read before that people who do this (get married on a tourist visa) try to strategically get married toward the end of their stay so that it doesn't look intentional. It weighs on my conscious because we do have that intention. 

 

Like you said, we could tell them a generic answer like "on holiday" or "visiting friends and family" even after we've married through Utah? We are not obligated to tell them we are married? I really appreciate you talking to me and laying all this out. I just don't want to get my partner in any trouble, so I want to be as honest as possible to customs (without telling them all of our business of course). 

The fact that you previously filed a petition for him could add a wrinkle.  Probably not a problem if the petition was withdrawn before approval.  Bigger problem if the visa was denied after petition approval.

 

Let's be clear though.  It is fine to have the intention to marry during a visit.  People come here often for destination weddings (Las Vegas etc.) but then they leave.  What is NOT OK is to enter with the intention of marrying AND staying to adjust status.

 

What reason were you imagining he would give upon entry if you were already married?  "I'm coming to consummate my marriage."  😉 

 

Intent to marry and already married to a US Citizen are pretty much the same red flag.  If you're really concerned about it, go ahead with the Utah marriage, then you visit HIM in his or another country to consummate the marriage.

[emilyneff 2]

1 minute ago, pushbrk said:

The fact that you previously filed a petition for him could add a wrinkle.  Probably not a problem if the petition was withdrawn before approval.  Bigger problem if the visa was denied after petition approval.

 

Let's be clear though.  It is fine to have the intention to marry during a visit.  People come here often for destination weddings (Las Vegas etc.) but then they leave.  What is NOT OK is to enter with the intention of marrying AND staying to adjust status.

 

What reason were you imagining he would give upon entry if you were already married?  "I'm coming to consummate my marriage."  😉 

 

Intent to marry and already married to a US Citizen are pretty much the same red flag.  If you're really concerned about it, go ahead with the Utah marriage, then you visit HIM in his or another country to consummate the marriage.

Hahaha I actually was imagining how awkward it would be to tell a customs officer that lol

 

We withdrew the petition two months after getting notice that their offices received it, so no issues there. It is, though, a big reason why I want to go Utah instead of just getting married here. I was worried it wouldn't go well if he said "I'm just here to see my girlfriend/fiance but we're not planning anything" so shortly after a K-1 was filed. Like it wouldn't look quite right, you know? Or... maybe my partner is right and I'm overthinking everything haha

 

I was worried about us already being married as being the same red flag, as you said, but I have seen a lot of others who are already married visiting their spouses in the US while they wait for their Cr-1's. So I thought it would be maneuverable since we'd just say what those people are saying to customs. 

[pushbrk 12,115]

2 minutes ago, emilyneff said:

Hahaha I actually was imagining how awkward it would be to tell a customs officer that lol

 

We withdrew the petition two months after getting notice that their offices received it, so no issues there. It is, though, a big reason why I want to go Utah instead of just getting married here. I was worried it wouldn't go well if he said "I'm just here to see my girlfriend/fiance but we're not planning anything" so shortly after a K-1 was filed. Like it wouldn't look quite right, you know? Or... maybe my partner is right and I'm overthinking everything haha

 

I was worried about us already being married as being the same red flag, as you said, but I have seen a lot of others who are already married visiting their spouses in the US while they wait for their Cr-1's. So I thought it would be maneuverable since we'd just say what those people are saying to customs. 

Maneuverable  still requires maneuvering.  "Lies of omission" are not an issue in this context.  I already explained with the public library example.  Key considerations are whether he's ever come and gone from the USA before.  If he's entered and left on time several times before, "on holiday" is probably going to work just fine, or any other "reason" that has worked for him in the past.  If it's his first visit, can be more complicated.  So, the belt and suspenders approach is Utah marriage and Consummation outside the USA.