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

[Chancy 6,233]

6 hours ago, Kanny Dale said:

he cant come here in the Philippines.

 

Why can't he?  Is he so sick that he's bedridden?  That's the only confirmed reason I know of that USCIS would waive the 2-year meeting requirement for the I-129F fiancee petition.  "Needing to work" will not be an acceptable excuse for USCIS.  US workers are also allowed vacation/personal leaves.

 

Also, for US immigration purposes, your in-person meeting doesn't need to be in the Philippines.  You may meet in any country that the two of you can get to, like say, Costa Rica or Singapore or Maldives.  Tell your fiance that you need to meet in person at least once, for you to be able to start the immigration process.

 

[Crazy Cat 39,597]

3 hours ago, Kanny Dale said:

@ROK2USA sad to say, not yet

Then you don't qualify to start  the K-1 process until you have met, and any online marriage will not be recognized by USCIS until you have met.

Edited May 23, 2022 by Crazy Cat

[Mike E 11,726]

7 hours ago, Kanny Dale said:

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

Here are the links to the comments on that thread where VJ

members asserts

first hand knowledge of an unnamed couple who successfully got a K-1 despite disclosing the unconsummated online marriage. 
 

https://www.visajourney.com/forums/topic/768150-utah-county-proxy-zoom-wedding/?do=findComment&comment=10593888

 

and 

 

https://www.visajourney.com/forums/topic/768150-utah-county-proxy-zoom-wedding/?do=findComment&comment=10594774

 

I aware of this thread but not aware that went down that rabbit hole. The rabbit hole that I asserted at the start of this thread existed. 

 

[JeanneAdil 6,244]

Online marriage / then meeting in person,  that would require a CR1

not going to do K1 without a meeting

[Mike E 11,726]

4 minutes ago, JeanneAdil said:

Online marriage / then meeting in person,  that would require a CR1

not going to do K1 without a meeting

A different, shallower, and more broadly understood rabbit hole than that of OP. 

[Dashinka 23,355]

58 minutes ago, Mike E said:

Here are the links to the comments on that thread where VJ

members asserts

first hand knowledge of an unnamed couple who successfully got a K-1 despite disclosing the unconsummated online marriage. 
 

https://www.visajourney.com/forums/topic/768150-utah-county-proxy-zoom-wedding/?do=findComment&comment=10593888

 

and 

 

https://www.visajourney.com/forums/topic/768150-utah-county-proxy-zoom-wedding/?do=findComment&comment=10594774

 

I aware of this thread but not aware that went down that rabbit hole. The rabbit hole that I asserted at the start of this thread existed. 

 

That is a wild situation (I missed the thread when it originally posted back in December).  The only thing I can figure out is that the consulate treats this differently than say a religious ceremony where both parties are present even if it is not a legally recognized marriage in the country it occurred in.  DoS seems to treat unconsummated proxy marriages differently then those other situations.  Regardless, the couple still needed to meet the I129F 2 year requirement which in the case of the referenced threads, they did, but in the case of the OP, they do not.  Not really sure why this couple decided to take the unconsummated Utah Zoom/K1 route except maybe to avoid dealing with a wedding after K1 arrival.

Edited May 23, 2022 by Dashinka

[SalishSea 16,862]

12 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 

Without meeting in person during the immediate preceding two years, you’re not eligible for a K-1.   Period.   An online ‘wedding’ does not count as the in-person meeting, just as FaceTime, Zoom etc  do not count.

[Kanny Dale 4]

8 hours ago, ROK2USA said:

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... 

Oh okay, if we do this online marriage then meet in a third country to consummate it. Then we can apply for a spousal visa? He can't come here in my country because he's not vaccinated

[SteveInBostonI130 3,328]

1 hour ago, Kanny Dale said:

Oh okay, if we do this online marriage then meet in a third country to consummate it. Then we can apply for a spousal visa? He can't come here in my country because he's not vaccinated

Yes.

 

However, if you have never met in person, perhaps meeting first before the online marriage might be prudent.  If all goes well at the meeting, you can do the online marriage together from that 3rd country and still do the CR1 path, if that is what you both desire.

 

[milimelo 4,245]

2 hours ago, Kanny Dale said:

Oh okay, if we do this online marriage then meet in a third country to consummate it. Then we can apply for a spousal visa? He can't come here in my country because he's not vaccinated

Find a third country that doesn’t require vaccination for visiting. Egypt is one and I’m sure there are others too. You can meet there. 

[Mike E 11,726]

11 hours ago, Dashinka said:

That is a wild situation (I missed the thread when it originally posted back in December).  The only thing I can figure out is that the consulate treats this differently than say a religious ceremony where both parties are present even if it is not a legally recognized marriage in the country it occurred in.  DoS seems to treat unconsummated proxy marriages differently then those other situations.  Regardless, the couple still needed to meet the I129F 2 year requirement which in the case of the referenced threads, they did, but in the case of the OP, they do not.  Not really sure why this couple decided to take the unconsummated Utah Zoom/K1 route except maybe to avoid dealing with a wedding after K1 arrival.

The DoS and USCIS policy manuals note that Congress failed to define what a valid marriage is. So jointly the two agencies have the base requirement of consummation before granting an immigration benefit. Given proxy marriages existed before the Internet, that online marriages are treated the same way isn’t so wild to me. 
 

This is the wild part to me:
 

Lets say  Mary and Joe meet in Paris on 1/1/20222 and take a selfie in front of the Eiffel Tower.  Mary, a citizen returns to the US. Mary and Joe do Utah online wedding on 1/15:/2022.  
 

Mary files I-129F with a receipt date of 1/20/2022 and includes the marriage certificate

 

That meeting in Paris was the last time they meet until Joe enters the USA on his K-1 visa on 7/15/2023

 

They file I-485 on 7/30/2023.  They have an interview on 1/30/2024 and are approved.  Gc shows up a week later and it is a 10 year green card. Because they have been married more than 2 years. 

Edited May 24, 2022 by Mike E

[Dashinka 23,355]

53 minutes ago, Mike E said:

The DoS and USCIS policy manuals note that Congress failed to define what a valid marriage is. So jointly the two agencies have the base requirement of consummation before granting an immigration benefit. Given proxy marriages existed before the Internet, that online marriages are treated the same way isn’t so wild to me. 
 

This is the wild part to me:
 

Lets say  Mary and Joe meet in Paris on 1/1/20222 and take a selfie in front of the Eiffel Tower.  Mary, a citizen returns to the US. Mary and Joe do Utah online wedding on 1/15:/2022.  
 

Mary files I-129F with a receipt date of 1/20/2022 and includes the marriage certificate

 

That meeting in Paris was the last time they meet until Joe enters the USA on his K-1 visa on 7/15/2023

 

They file I-485 on 7/30/2023.  They have an interview on 1/30/2024 and are approved.  Gc shows up a week later and it is a 10 year green card. Because they have been married more than 2 years. 

It is an odd category, the consulate treats it like a K1 and USCIS sort of treats it like a K3.

[John & Rose 7,239]

I am the one who talked with the couple.  It was allowed because they did meet in person prior to filing and since they did not meet after the wedding they were not "married enough" to prohibit the K-1.  It blew my mind but they are here now and we are all watching to see what AOS will be like.  The State Department may look at things differently than USCIS.  

 

Online marriages were used to allow the US citizen to visit the beneficiary during Covid restrictions.  Those have mostly been lifted so now US citizens can travel to visit the beneficiary.  We don't hear too much about online wedding anymore unless they are military related.

[SalishSea 16,862]

3 hours ago, John & Rose said:

I am the one who talked with the couple.  It was allowed because they did meet in person prior to filing and since they did not meet after the wedding they were not "married enough" to prohibit the K-1.  It blew my mind but they are here now and we are all watching to see what AOS will be like.  The State Department may look at things differently than USCIS.  

 

Online marriages were used to allow the US citizen to visit the beneficiary during Covid restrictions.  Those have mostly been lifted so now US citizens can travel to visit the beneficiary.  We don't hear too much about online wedding anymore unless they are military related.

The date discrepancy should get some scrutiny.   How can it possibly be legal to gain an immigrant benefit (unconditional GC) solely based on a date, when the applicant was not eligible for the same benefit (visa requiring both parties to be unmarried at the time it is issued) ?   
 

If this is in fact going to be legal going forward, then it will be a huge loophole that K1s could exploit to save significant time and money.

[beloved_dingo 1,939]

On 5/23/2022 at 7:40 PM, Kanny Dale said:

Oh okay, if we do this online marriage then meet in a third country to consummate it. Then we can apply for a spousal visa? He can't come here in my country because he's not vaccinated

I cannot advise strongly enough that you meet in person before marriage. It is extremely difficult to know if you are both truly compatible until you get some time together face to face. Unfortunately, many relationships that begin online fall apart after meeting in person. On the flip side, meeting in person can also confirm all of your feelings and commitments to each other. You have to meet in person either way, so why not make that happen before committing to spend your life with someone?