Is a Zoom Marriage Valid for Immigration?

[ilikepotatoes 57]

I’ve already written about this before in a separate thread, but this is kind of a different question. I’m staying with my fiancé for about a month and a half, and we’ve decided to definitely go for the Zoom marriage option sometime at the beginning of May. This is our first meeting, but we really do want to marry, and due to the unpredictability of the pandemic, we feel like this is a good option for our circumstances.

 

I know there is a requirement to be physically present/to consummate the marriage in order for it to be recognized as a valid marriage. However, in our case we will actually be together in the same country during the ceremony, with the officiant in the US. Would this benefit us and be recognized as valid by USCIS? As long as that requirement is met, will our marriage be considered legitimate?

 

I also plan to go back to visit with him for a few weeks to see him graduate from medical school in the summertime. Are we on the right track? Thanks in advance. 

[PZibran325 112]

Hi there!

 

I don't have an exact answer to your specific question, but I know someone else did a zoom marriage and they've even gone through the interview stage now. It might be helpful to you to go through her thread a little and see if it helps answer your question.

 

 

[ilikepotatoes 57]

29 minutes ago, PZibran325 said:

Hi there!

 

I don't have an exact answer to your specific question, but I know someone else did a zoom marriage and they've even gone through the interview stage now. It might be helpful to you to go through her thread a little and see if it helps answer your question.

 

 

Hello! Thank you for responding. This is actually the post that we saw that made us decide to go this route. It certainly sounds hopeful!

[Crazy Cat 41,851]

6 hours ago, ilikepotatoes said:

I’ve already written about this before in a separate thread, but this is kind of a different question. I’m staying with my fiancé for about a month and a half, and we’ve decided to definitely go for the Zoom marriage option sometime at the beginning of May. This is our first meeting, but we really do want to marry, and due to the unpredictability of the pandemic, we feel like this is a good option for our circumstances.

 

I know there is a requirement to be physically present/to consummate the marriage in order for it to be recognized as a valid marriage. However, in our case we will actually be together in the same country during the ceremony, with the officiant in the US. Would this benefit us and be recognized as valid by USCIS? As long as that requirement is met, will our marriage be considered legitimate?

 

I also plan to go back to visit with him for a few weeks to see him graduate from medical school in the summertime. Are we on the right track? Thanks in advance. 

A bigger issue will the red flag of marrying on the first visit.  It sounds like the Zoom marriage will be OK since you both will be actually be together during and after the marriage.  Good luck.

[ilikepotatoes 57]

3 hours ago, Lucky Cat said:

A bigger issue will the red flag of marrying on the first visit.  It sounds like the Zoom marriage will be OK since you both will be actually be together during and after the marriage.  Good luck.

I will be with him for over a month. And then I’m visiting him a second time to see him graduate about a month later. That’s still a red flag?

[Strawberrymermaid 346]

1 hour ago, ilikepotatoes said:

I will be with him for over a month. And then I’m visiting him a second time to see him graduate about a month later. That’s still a red flag?

What country?

[Chancy 6,241]

55 minutes ago, ilikepotatoes said:

I will be with him for over a month. And then I’m visiting him a second time to see him graduate about a month later. That’s still a red flag?

 

Will marrying on the first visit be a red flag?  Yes.  Will it be impossible to get a visa with that red flag?  No.  The key to overcoming most red flags is to spend lots of time together in person.  How much time together will convince the consul officer that your relationship is bona fide?  No one but the CO will know.  Just spend as much time together as you can, then bring evidence of that to the interview.

 

[milimelo 4,479]

Why not marry at the second visit in his country? 

[carmel34 3,630]

58 minutes ago, Strawberrymermaid said:

What country?

Earlier post said studying in Ukraine, from Zimbabwe.  OP received lots of good advice in that post if I recall about the red flags involved in this case.

[ilikepotatoes 57]

41 minutes ago, carmel34 said:

Earlier post said studying in Ukraine, from Zimbabwe.  OP received lots of good advice in that post if I recall about the red flags involved in this case.

Yes I did. I was told that the amount of time I’ll be spending with him will be beneficial to our case. Several users did say that it won’t necessarily be a red flag, and that other couples have had success with shorter periods of time together. We are continuing to gather evidence, and I will go back and visit with him as much as I can. 

[Cathi 5,748]

I married my husband on my first visit and we didn't have any issues.

[Nitas_man 3,100]

10 hours ago, Chancy said:

 

Will marrying on the first visit be a red flag?  Yes.  Will it be impossible to get a visa with that red flag?  No.  The key to overcoming most red flags is to spend lots of time together in person.  How much time together will convince the consul officer that your relationship is bona fide?  No one but the CO will know.  Just spend as much time together as you can, then bring evidence of that to the interview.

 

We married on the first visit.  No flags.  Relax LOL

[Nitas_man 3,100]

8 hours ago, ilikepotatoes said:

Yes I did. I was told that the amount of time I’ll be spending with him will be beneficial to our case. Several users did say that it won’t necessarily be a red flag, and that other couples have had success with shorter periods of time together. We are continuing to gather evidence, and I will go back and visit with him as much as I can. 

This is my understanding based on 15 years here.

 

1.  Proxy marriages must be legal in your state or held in a state where they are legal.

2.  After the marriage, you have to show proof you have spent time together physically (considered proof of consummation but details not required LOL) before you file.  That time together “legalizes” it in the eyes of USCIS.

 

The thread you referenced is exactly the way to do it.  Making sure the marriage is “legal” takes a little research.

 

While time together is valuable, we and many others did not have that much time and in our case married first visit because her family wanted it that way and I had one block of vacation for one trip and used it to get married and honeymoon.  We have never had a sniff of an issue with any immigration case or step.  
 

Good luck!

Edited April 17, 2021 by Nitas_man

[pushbrk 12,883]

11 hours ago, ilikepotatoes said:

I will be with him for over a month. And then I’m visiting him a second time to see him graduate about a month later. That’s still a red flag?

No, not really.  Depending on the rest of the circumstances, marriage during the first SHORT visit CAN BE a red flag.  Red flag and reason for denial are not the same thing.

[ilikepotatoes 57]

2 hours ago, Nitas_man said:

This is my understanding based on 15 years here.

 

1.  Proxy marriages must be legal in your state or held in a state where they are legal.

2.  After the marriage, you have to show proof you have spent time together physically (considered proof of consummation but details not required LOL) before you file.  That time together “legalizes” it in the eyes of USCIS.

 

The thread you referenced is exactly the way to do it.  Making sure the marriage is “legal” takes a little research.

 

While time together is valuable, we and many others did not have that much time and in our case married first visit because her family wanted it that way and I had one block of vacation for one trip and used it to get married and honeymoon.  We have never had a sniff of an issue with any immigration case or step.  
 

Good luck!

Thank you for responding. I’m from NY, but the marriage will be officiated “in” Utah, over zoom of course. The gentleman I spoke to said that they don’t consider it to be a proxy marriage, but immigration does. Would this still be considered legal? New York doesn’t allow proxy marriages but they do recognize them, from what I read.  

Edited April 17, 2021 by ilikepotatoes