Can we use an online marriage when filing for a fiance visa? Because the marriage is not yet consummated

[Kanny Dale 4]

My fiance and I is planning to do this online marriage for the purpose of being together after the marriage but we cant consummate it because he cant come here in the Philippines. Can we use it instead, as a requirement for a fiance visa (not a spousal visa) so that i'll be able to come to the US 

Edited May 23, 2022 by Kanny Dale

[Mike E 11,741]

18 minutes ago, Kanny Dale said:

My fiance and I is planning to do this online marriage for the purpose of being together after the marriage but we cant consummate it because he cant come here in the Philippines. Can we use it instead, as a requirement for a fiance visa (not a spousal visa) so that i'll be able to come to the US 

I’m not sure what you are asking.  
 

If you are asking if you can be married online and still file for and receive a K-1 visa, surprisingly the answer is yes provided that between the time of ceremony and the time the K-1 visa holder enters the USA, the citizen petitioner and K-1 visa holder do not meet in person.  See an oldie but a goldie: 

If you are asking if you can use online marriage to avoid the need for meeting at least once in the 2 years before filing I-129F the answer is no.  

Edited May 23, 2022 by Mike E

[Dashinka 24,609]

I don't believe USCIS accepts Zoom meetings as in person meetings for either adhering to the 2 year K1 rule, or for the purposes of filing for a spousal visa.

[Redro 4,611]

1 hour ago, Kanny Dale said:

My fiance and I is planning to do this online marriage for the purpose of being together after the marriage but we cant consummate it because he cant come here in the Philippines. Can we use it instead, as a requirement for a fiance visa (not a spousal visa) so that i'll be able to come to the US 

Have you ever met your fiance in person? Or have you just had an online relationship...

If you have never met face-to-face you should meet at least once before filing K1 or spousal. 

[jan22 3,056]

2 hours ago, Mike E said:

I’m not sure what you are asking.  
 

If you are asking if you can be married online and still file for and receive a K-1 visa, surprisingly the answer is yes provided that between the time of ceremony and the time the K-1 visa holder enters the USA, the citizen petitioner and K-1 visa holder do not meet in person.  See an oldie but a goldie: 

If you are asking if you can use online marriage to avoid the need for meeting at least once in the 2 years before filing I-129F the answer is no.  

I would be cautious assuming that the proxy marriage in 2011 referenced above would equate to today's Utah ZOOM marriage.  If the 2011 case was truly a proxy wedding, where one person is represented by someone else, as opposed to the Utah wedding where both people are present on-line, it likely won't be treated the same.  That's why Utah states that the ceremony is not a proxy wedding.  Only four states recognize proxy marriages. 

 

The Utah marriage uses the same licensing procedure and results in the same marriage certificate as any other marriage in Utah, and both parties must "attend".  It should, therefore, be recognized as a valid marriage anywhere in the US -- and will be for immigration purposes once they meet after the wedding.  There is, IMO, a real impediment to claiming you are free to marry once entering the US because you have not consumated your legal-in-the-US  marriage.  VJ has seen a lot of cases where someone is too married for a K-1, but not married enough for a spousal visa.  This may  become a new category of that genre.

Edited May 23, 2022 by jan22

[Redro 4,611]

6 minutes ago, jan22 said:

I would be cautious assuming that the proxy marriage in 2011 referenced above would equate to today's Utah ZOOM marriage.  If the 2011 case was truly a proxy wedding, where one person is represented by someone else, as opposed to the Utah wedding where both people are present on-line, it likely won't be treated the same.  That's why Utah states that the ceremony is not a proxy wedding.  Only four states recognize proxy marriages. 

 

The Utah marriage uses the same licensing procedure and results in the same marriage certificate as any other marriage in Utah, and both parties must "attend".  It should, therefore, be recognized as a valid marriage anywhere in the US -- and will be for immigration purposes once they meet after the wedding.  There is, IMO, a real impediment to claiming you are free to marry once entering the US because you have not consumated your legal-in-the-US  marriage.  VJ has seen a lot of cases where someone is too married for a K-1, but not married enough for a spousal visa.  This may  become a new category of that genre.

I am too lazy to search for it... and this is of course 4th hand knowledge... but a couple successfully obtained a K1 after they married via Utah. They had not met in person so it was all good to go~

This was reported in the Philippines forum  by one of the posters... I think it was either @RO_AH or @flicks1998 or @top_secret not sure... maybe one of you guys can help me find the post? 

[Mike E 11,741]

When I enter this into  search engine:

 

consummation site:state.gov

 

i get only this;

 

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

which says:

 

“A marriage where one or both parties was not present (proxy marriage) is not valid unless the marriage was consummated. ”

So to DoS online marriages are proxy marriages.  
 

Similarly USCIS has:

 

https://www.uscis.gov/sites/default/files/document/policy-manual-afm/afm21-external.pdf

 

“Proxy Marriages .
Section 101(a)(35) of the Act provides that the term "spouse", "wife", or "husband" does not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present together at the ceremony, unless the marriage has been consummated afterwards. (Note: Consummation of a marriage can only occur after the ceremony, there is no such thing as “pre- consummation” of a marriage.)”

 

In neither document do I find “online” or “virtual” juxtaposed with “consummated”

 

We already know that USCIS, CBP, and  State do kit consider unconsummated online  marriages as valid marriages.  We already know that the basis for these rulings was the policy  for unconsummated proxy marriages. 

 

So I have  no reason to be fearful, uncertain, or doubtful that a properly trained officer will deny a K-1 benefit to an alien in an unconsummated online marriage. 

 

 

[Redro 4,611]

Found the thread:

 

 

 

 

[Kanny Dale 4]

41 minutes ago, ROK2USA said:

I am too lazy to search for it... and this is of course 4th hand knowledge... but a couple successfully obtained a K1 after they married via Utah. They had not met in person so it was all good to go~

This was reported in the Philippines forum  by one of the posters... I think it was either @RO_AH or @flicks1998 or @top_secret not sure... maybe one of you guys can help me find the post? 

Wow really? Can someone help me find the couple? It'll be a big big help

[Dashinka 24,609]

6 minutes ago, Kanny Dale said:

Wow really? Can someone help me find the couple? It'll be a big big help

The reference was already posted by @ROK2USA.  It seems if someone conducts a Utah Zoom wedding, and then sends in a P129F before they couple subsequently met in person, USCIS will process it as a K1 visa.  The only issue I see with this is that you still need to meet the requirements of the P129F, namely, having met in person within 2 years.  I don't think USCIS accepts the Utah Zoom marriage as an in person meeting as if they did, people could claim to have met on Skype, WhatsApp, etc.  However, if you meet the 2 year requirement, then when the K1/I129F petition gets to the consulate, and you still have not met in person, I believe they will deny a K1 application as the couple is married already.

Edited May 23, 2022 by Dashinka

[Redro 4,611]

@Kanny Dale have you met your partner in person? 

[Kanny Dale 4]

25 minutes ago, ROK2USA said:

@Kanny Dale have you met your partner in person?

@ROK2USA sad to say, not yet

[Redro 4,611]

7 minutes ago, Kanny Dale said:

@ROK2USA sad to say, not yet

Ok~ if you want to move to the US on K1 or spousal you will have to meet in person at least once. 

The case I was talking about involved a couple who had met before filing K1 but then married and not met after marriage... 

[Dashinka 24,609]

53 minutes ago, Kanny Dale said:

@ROK2USA sad to say, not yet

I agree with @ROK2USA, you will need to meet in person and the your USC fiancé needs to file the I129F within 2 years of that meeting.  You could also do a Utah Zoom wedding and your USC spouse can file the I130.  I have not heard of any successes with getting around the 2 year in person meeting for the I129F regardless of Covid.

 

Good Luck!

[SteveInBostonI130 3,468]

6 hours ago, Kanny Dale said:

My fiance and I is planning to do this online marriage for the purpose of being together after the marriage but we cant consummate it because he cant come here in the Philippines. Can we use it instead, as a requirement for a fiance visa (not a spousal visa) so that i'll be able to come to the US 

 

Typically people do the online marriage for the USC spouse to obtain the visa to be able to visit the Philippines.  In your case, because you never met in person, both the fiance visa and spouse visa are not an option.  If you do the online marriage, then you need to meet in your country or in a 3rd country and pursue the spouse visa path.  If you want to do the fiance visa, then DO NOT marry online.  Go meet in a third country and have your USC fiance file the I-129F.