Marriage on line and apply for cr-1

[Sassou75 9]

Hi everyone iam not yet in the process of the spousal visa but I need an important information to start it hope I can find some help. Iam living in France 🇫🇷 and my fiancée is in the 🇺🇸. Because of the travel ban we can’t see each other and the 3rd country option to meet is not possible for now . We plan to get married through Utah county clerk (on line marriage ) they also give you marriage license /apostille. And then file the cr1 visa . But will this marriage be recognized buy the American administration (uscis) and then is it ok? We don’t’ want mess up and wait time 😕thank you so much . 

[Crazy Cat 41,880]

13 minutes ago, Sassou75 said:

Because of the travel ban we can’t see each other and the 3rd country option to meet is not possible for now

Mexico?   I would not go the "online marriage" route........

 

Was the waiver approved?

Edited September 24, 2020 by Lucky Cat

[JeanneAdil 6,509]

No  as you can not consummate the marriage  (make (a marriage or relationship) complete by having sexual intercourse.)

 

[Lucky2Lucky 2,526]

15 minutes ago, Sassou75 said:

Hi everyone iam not yet in the process of the spousal visa but I need an important information to start it hope I can find some help. Iam living in France 🇫🇷 and my fiancée is in the 🇺🇸. Because of the travel ban we can’t see each other and the 3rd country option to meet is not possible for now . We plan to get married through Utah county clerk (on line marriage ) they also give you marriage license /apostille. And then file the cr1 visa . But will this marriage be recognized buy the American administration (uscis) and then is it ok? We don’t’ want mess up and wait time 😕thank you so much . 

You can't use solely an online marriage for a visa application. You need to consummate the marriage for it to be binding- so you need to meet in person either way. 

[carmel34 3,633]

Just read your previous posts OP.  This may be one of those situations where a K-1 might be better, if you can't figure out a way to meet somewhere to get married, like Mexico, which would be the best option IMO.  I'm not sure how the 601 or 601A waiver would work if you go for a K-1, maybe ask your attorney if that's even an option for you with the ESTA overstay on your record and 3 year bar.

 

Good luck!

Edited September 24, 2020 by carmel34

[igoyougoduke 1,656]

1 hour ago, Sassou75 said:

Hi everyone iam not yet in the process of the spousal visa but I need an important information to start it hope I can find some help. Iam living in France 🇫🇷 and my fiancée is in the 🇺🇸. Because of the travel ban we can’t see each other and the 3rd country option to meet is not possible for now . We plan to get married through Utah county clerk (on line marriage ) they also give you marriage license /apostille. And then file the cr1 visa . But will this marriage be recognized buy the American administration (uscis) and then is it ok? We don’t’ want mess up and wait time 😕thank you so much . 

getting marriage license online is not the same as getting married online. USCIS does not recognize online marriage. A license is the permit to get married and it does not mean you are married once license is issued online 

[geowrian 22,337]

Sounds like another WebWed setup...especially since the Utah county was mentioned.

 

No, this will not work for US immigration purposes unless you subsequently consummate the marriage prior to filing. So you're adding complexity and requirements and not able to start a day sooner on the process. Not worth it.

 

INA 101 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim

Quote

(35) The term "spouse", "wife", or "husband" do not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage shall have been consummated.

Whether it is a "proxy" marriage or only a "virtual" marriage doesn't matter. You must be in the physical presence of each other.

[Sassou75 9]

Thank you every one for your response so what is we married online and then meet up in person it will be ok? Or I definitely forget this option and wait till my fiancé can come and get married here . 

[Sassou75 9]

3 hours ago, carmel34 said:

Just read your previous posts OP.  This may be one of those situations where a K-1 might be better, if you can't figure out a way to meet somewhere to get married, like Mexico, which would be the best option IMO.  I'm not sure how the 601 or 601A waiver would work if you go for a K-1, maybe ask your attorney if that's even an option for you with the ESTA overstay on your record and 3 year bar.

 

Good luck!

Yes I can apply for a 601 waiver enven with a k-1 visa but I prefer the cr-1 since now it is approximately the same waiting time . We first thought about the k-1 but this pandemic the waiting have increase and this option was for me the faster way to be in the us but in fact not at this time 

[Sassou75 9]

2 hours ago, geowrian said:

Sounds like another WebWed setup...especially since the Utah county was mentioned.

 

No, this will not work for US immigration purposes unless you subsequently consummate the marriage prior to filing. So you're adding complexity and requirements and not able to start a day sooner on the process. Not worth it.

 

INA 101 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim

Whether it is a "proxy" marriage or only a "virtual" marriage doesn't matter. You must be in the physical presence of each other.

Thank you for your explanation I have have read in some fb groups so many people doing it and then they want to file for a cr1 that I thought it can be a good option mairies online even if we  are not in the same place and after that seeing each other but I definitely now forget this option with what you all said thank you 

[geowrian 22,337]

2 minutes ago, Sassou75 said:

Thank you every one for your response so what is we married online and then meet up in person it will be ok? Or I definitely forget this option and wait till my fiancé can come and get married here . 

You can get married online, meet up in person, then file the I-130 packet. You would need to show all the normal requirements plus having met up in person plus that you reasonable were able to consummate the marriage.

OR You can just meet up and marry in person like >99% of couples, avoid the extra requirements above, and avoid any additional questions or scrutiny that may come with it.

 

I'd highly suggest taking the path much more traveled. Don't add unnecessary complexity to a process that tends to cause anxiety already.

 

2 minutes ago, Sassou75 said:

Thank you for your explanation I have have read in some fb groups so many people doing it and then they want to file for a cr1 that I thought it can be a good option mairies online even if we  are not in the same place and after that seeing each other but I definitely now forget this option with what you all said thank you 

I know of at least one case where this did work, but they were immigrating to a country that did not have the physical presence requirement. Had they tried to immigrate in the other direction (to the US), then they would have hit the issue noted above.

[Sassou75 9]

3 minutes ago, geowrian said:

You can get married online, meet up in person, then file the I-130 packet. You would need to show all the normal requirements plus having met up in person plus that you reasonable were able to consummate the marriage.

OR You can just meet up and marry in person like >99% of couples, avoid the extra requirements above, and avoid any additional questions or scrutiny that may come with it.

 

I'd highly suggest taking the path much more traveled. Don't add unnecessary complexity to a process that tends to cause anxiety already.

 

I know of at least one case where this did work, but they were immigrating to a country that did not have the physical presence requirement. Had they tried to immigrate in the other direction (to the US), then they would have hit the issue noted above.

I agree I don’t want make thing complicated as they are already .. I feel more confortable know. I think that with all the situation. Around the travel ban and other things in everyone life’s sometimes we want to find a quick solution .. heart is taking advantage on the brain ! Thank you for your advice I appreciate

[Crazy Cat 41,880]

1 minute ago, Sassou75 said:

I don’t want make thing complicated as they are already ..

Any kind of proxy marriage or online marriage could make it a lot more complicated.  Sometimes, patience is the best option.  Good luck in your journey.

[Sassou75 9]

8 minutes ago, Lucky Cat said:

Any kind of proxy marriage or online marriage could make it a lot more complicated.  Sometimes, patience is the best option.  Good luck in your journey.

Patient is the key word especially in this time .. thank you 😊 

[SalishSea 17,832]

1 hour ago, Sassou75 said:

Thank you every one for your response so what is we married online and then meet up in person it will be ok? Or I definitely forget this option and wait till my fiancé can come and get married here . 

How will that save any time?  You still won't be able to file until after meeting in person.