had online wedding before K1 visa issued, now waiting for AOS (split topic)

[whackytech 2]

I met my wife online and spent 3 months in the Philippines together. When I got back to the states, we got married in an online zoom call. We filed a K1 visa and was approved. We are now waiting on the AoS approval. 

[Crazy Cat 44,812]

34 minutes ago, whackytech said:

I met my wife online and spent 3 months in the Philippines together. When I got back to the states, we got married in an online zoom call. We filed a K1 visa and was approved. We are now waiting on the AoS approval. 

 How did you qualify for a K-1?  You filed for a K-1 prior to consummation of the online marriage?   

Edited Sunday at 09:58 PM by Crazy Cat

[whackytech 2]

Essentially, an unconsummated marriage for immigration purposes does not confer the status of "spouse". I found another post on this board that addresses this issue from around 10yrs ago. I'm not able to find it now.  Attached is the letter I included with my I-129F Petition. ProxyLetter.pdf

[Crazy Cat 44,812]

4 minutes ago, whackytech said:

Essentially, an unconsummated marriage for immigration purposes does not confer the status of "spouse". I found another post on this board that addresses this issue from around 10yrs ago. I'm not able to find it now.  Attached is the letter I included with my I-129F Petition. ProxyLetter.pdf

OK.  So you never consummated the online marriage.  Then your online marriage was never valid for USCIS purposes....and, as such, was totally  irrelevant to immigration.

Edited Sunday at 10:05 PM by Crazy Cat

[S2N 355]

That’s odd. Some engagement ceremonies make one too married for K-1 but not married enough for CR-1. If it worked for you that’s a good data point, though.

[Crazy Cat 44,812]

12 minutes ago, S2N said:

That’s odd. Some engagement ceremonies make one too married for K-1 but not married enough for CR-1. If it worked for you that’s a good data point, though.

Based on what I have seen, that usually applies to traditional "engagements/marriages" outside the US.  @whackytech's "marriage" never qualified as a valid marriage.....and is actually irrelevant to the OP's situation as it cannot be considered a marriage.

Edited Sunday at 10:17 PM by Crazy Cat

[S2N 355]

16 minutes ago, Crazy Cat said:

Based on what I have seen, that usually applies to traditional "engagements/marriages" outside the US.  @whackytech's "marriage" never qualified as a valid marriage.....and is actually irrelevant to the OP's situation as it cannot be considered a marriage.

Right. We agree on all that. I just think it’s odd they don’t allow traditional betrothal ceremonies for K-1 but unconsummated Utah weddings are allowed.

 

Put in government terms: the IRS would consider you married for a 1040 but USCIS unmarried for I-129F. That’s an odd inconsistency.

Edited Sunday at 10:25 PM by S2N

[pushbrk 13,665]

1 hour ago, S2N said:

Right. We agree on all that. I just think it’s odd they don’t allow traditional betrothal ceremonies for K-1 but unconsummated Utah weddings are allowed.

 

Put in government terms: the IRS would consider you married for a 1040 but USCIS unmarried for I-129F. That’s an odd inconsistency.

Best guess is the proxy marriage was not disclosed.  OP, please clarify.

[Crazy Cat 44,812]

18 minutes ago, pushbrk said:

Best guess is the proxy marriage was not disclosed.  OP, please clarify.

My thoughts as well.

[whackytech 2]

I disclosed everything. In my post, You can read the letter I included with my petition. I even included the marriage certificate. The original intent was to get married in the Philippines when I was there for 3 months, but things happened and we ran out of time before I had to return home. She wanted to be married, so we chose the remote marriage path, not thinking about the immigration process. I never did any research until after the fact. Based on my research the K1 visa was the path forward.

[pushbrk 13,665]

25 minutes ago, whackytech said:

I disclosed everything. In my post, You can read the letter I included with my petition. I even included the marriage certificate. The original intent was to get married in the Philippines when I was there for 3 months, but things happened and we ran out of time before I had to return home. She wanted to be married, so we chose the remote marriage path, not thinking about the immigration process. I never did any research until after the fact. Based on my research the K1 visa was the path forward.

The question is whether USCIS and the Consular Officer were aware of the Utah marriage taking place, when the petition and visa were approved?

[W199 473]

26 minutes ago, pushbrk said:

The question is whether USCIS and the Consular Officer were aware of the Utah marriage taking place, when the petition and visa were approved?

Are you implying that it was possible that USCIS and/or the embassy didn't read the letter or notice the marriage certificate in the I-129F package that he submitted?  

 

The letter added to his I-129F package was certainly very convincing, and pointed out the legal reasons why the marriage was not vaiid for USCIS purposes and still qualified for a K-1 VISA.   I can certainly see how the USA embassy would have most likely missed that fact. 

 

This is going to be very weird .... 

   - When they apply for the I-485, the marriage certificate will be dated before she arrived in the USA.   You better enclose that same letter. Personally, I'd have a lawyer re-write it for you because you risk getting ithe AOS denied and then having to do an appeal, or having to file an I-130.  Probably should consult with several attorneys about this. 

 

[Ryan H 3,911]

** Post and subsequent replies split from unrelated thread. **

[Boiler 47,615]

Why go half way with the potential nasty consequences? 
 

Do you plan to use that after she arrives to file to adjust?

 

I shake my head.

[Dashinka 25,957]

8 hours ago, S2N said:

Right. We agree on all that. I just think it’s odd they don’t allow traditional betrothal ceremonies for K-1 but unconsummated Utah weddings are allowed.

 

Put in government terms: the IRS would consider you married for a 1040 but USCIS unmarried for I-129F. That’s an odd inconsistency.

Might be related to those ceremonies being in person, and not remote or by proxy.  I think @W199 might have a point that AOS might be a challenge based on the dates.  I would definitely have a lawyer review everything here.