Does marrying online voids fiance visa if we didn't meet after?

[Will&Christine 52]

We married online a while ago through Utah because we haven't heard progress on fiance visa for couple years. But then not long after marriage we got a news that embassy have received our application. I still haven't go to Philippines to meet her to consummate marriage for spouse visa. Is our fiance visa application void or still possible to receive it since our marriage hasn't consummated?

[Boiler 45,486]

Meet and file CR1

[JeanneAdil 6,498]

you are too married for a K1 visa

[Rocio0010 5,579]

3 hours ago, Will&Christine said:

We married online a while ago through Utah because we haven't heard progress on fiance visa for couple years. But then not long after marriage we got a news that embassy have received our application. I still haven't go to Philippines to meet her to consummate marriage for spouse visa. Is our fiance visa application void or still possible to receive it since our marriage hasn't consummated?

Fiancé visa is not an option anymore because you are married. Your only option now is the CR1

[Mike E 11,739]

3 hours ago, Will&Christine said:

We married online a while ago through Utah because we haven't heard progress on fiance visa for couple years. But then not long after marriage we got a news that embassy have received our application. I still haven't go to Philippines to meet her to consummate marriage for spouse visa. Is our fiance visa application void or still possible to receive it since our marriage hasn't consummated?

I disagree with everyone else (and folks we’ve been here before). 
 

Before the age of the Internet, unconsummated proxy marriages didn’t void a K-1 visa application, so I don’t see why unconsummated Utah online marriages void a K-1 visa application.  And at least one couple’s lawyer agrees with me. 

 

 

 

 

[Mike E 11,739]

Here jump to the punch line:

 

“Successful”

[Nuba 57]

In the eyes of the state of Utah and many institutions you are married. However, the USCIS does not consider you to be married via a virtual Utah wedding, or any proxy wedding, until the marriage is consummated. In practice, this means you must meet in person *after* the on-line weeding took place.  For those saying the virtual wedding itself voids the K! application and to file a CR-1, consider that the USCIS will deny the CR-1 unless the marriage has been consummated. This is well documented.

 

To the OP: do a search and you will find other immigration attorneys who say the same as in Mike E's post.   This is a very recent development and you might want to consult an experienced attorney on how best to present your case whether you go for K1 or CR1.

Edited June 26, 2022 by Nuba

[Boiler 45,486]

All that is needed is for the Consulate to ask for evidence you did not meet.

 

You went through with the Utah marriage presumably for a reason

[Ontarkie 14,221]

1 hour ago, Mike E said:

Here jump to the punch line:

 

“Successful”

They did get the K1 but we cannot say it was successful until AOS is complete. 

[Adventine 3,196]

2 hours ago, Ontarkie said:

They did get the K1 but we cannot say it was successful until AOS is complete. 

I've been watching for news on that case, too. Although the K1 visa was successfully granted by Dept of State, I personally wouldn't consider it a completely successful process until AOS is approved by USCIS.

Edited June 27, 2022 by Adventine

[Mike E 11,739]

3 hours ago, Boiler said:

All that is needed is for the Consulate to ask for evidence you did not meet.

 

You went through with the Utah marriage presumably for a reason

How do you prove a negative?

[Boiler 45,486]

16 minutes ago, Mike E said:

How do you prove a negative?

My thought is why go through this very long process and have to?

 

Why complicate matters?

 

[Mike E 11,739]

1 hour ago, Boiler said:

My thought is why go through this very long process and have to?

 

Why complicate matters?

 

There’s no evidence DoS asks to prove this negative. 
 

OP complicated matters because there was no light at the end of the K-1 tunnel. So they married online.  Presumably they were planning their meeting in order file I-130.  Instead light popped up. 
 

The online marriage was a superb hedge that did no harm.  Well played OP.  
 

Advising this couple to meet now, file I-130 and drag this out doesn’t make any sense to me.  

[RO_AH 1,659]

What others are saying makes a lot of sense. How could they say that you are not married enough for a spouse visa and at the same time say that you are too married for a fiance visa. I would think that you go forward with fiance visa and once she arrives you are consummated. In the ens the only issue that I see is your marriage date is before her arrival date.

[arken 4,197]

20 hours ago, Ontarkie said:

They did get the K1 but we cannot say it was successful until AOS is complete. 

 

17 hours ago, Adventine said:

I've been watching for news on that case, too. Although the K1 visa was successfully granted by Dept of State, I personally wouldn't consider it a completely successful process until AOS is approved by USCIS.

Agreed. Imagine the IO processing the AOS seeing the marriage date earlier than the K1 visa issue date or K1 admission date. Does it ask on i485 anywhere when they consummated? No. I don't think the IO can simply approve it assuming they didn't consummate until getting admitted as K1. It may probably be approved ultimately after couple of back and forth but guarantees an RFE for sure.

 

 

Edited June 27, 2022 by arken