whackytech

Looks like some information was lost when this was split into it's own topic. I'll try and post what we did. This was not something we did on purpose and was not our intended path when we first met. We intended to get married when I was in the Philippines, but time and red tape prevented that from happening. When I got back to the US we decided to get married online, not realizing the ramifications. At first we thought we could just file an I-130. I started my research and realized we were wrong. I stumbled on a post that got me started on the K-1 visa journey. The post is old so I did more research confirming if this process was still valid. First, we see the definition of spouse as written in immigration law. “The term ‘spouse’… does not include a spouse… by reason of any marriage ceremony where the contracting parties… are not physically present… unless the marriage shall have been consummated.” — INA § 101(a)(35), 8 U.S.C. § 1101(a)(35) Next we find in the FAM: “A proxy marriage that has not been consummated does not create or confer the status of ‘spouse’ pursuant to INA 101(a)(35). For IV [immigrant visa] cases, a party to an unconsummated proxy marriage may be processed as a nonimmigrant fiancé(e).” — 9 FAM 102.8-1(D), Proxy Marriages (official FAM link) The wording in the FAM is what I based my whole process on. There were other things I read that confirmed what I was doing was the best way forward for us. Attached is the letter I included with my filing. I filed the I-129F explicitly telling them we got married online and included the marriage certificate. We didn't lie or hide anything during this process. I don't believe the AOS will be affected. I'm using a rule they wrote. I hope this clears things up. Thanks, ProxyLetter.pdf

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.

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

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.