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

[Boiler 45,486]

The OP may be fine with a K1 Or not.

 

If there was an official pronouncement that it is OK I would take a different view.

 

USCIS etc seem easily confused, they could just sit on it.

 

Also of course means you can not see each other until you enter.

 

There see enough issues with a K1 without adding more

 

 

 

 

[Mike E 11,739]

3 hours ago, arken said:

 

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.

 

 

And yet proxy marriages have worked for the K-1/I-485 path.  
 

i am mystified as to why the introduction of circa 1995 technology to marriage officiating where both parties are presented by their live transmitted images instead of flesh and blood human representatives makes a difference.  Next you will be telling that because the framers of the US constitution could not image an entity such as Space Force, that Congress had no authority to establish it.
 

The IO processing it might defer to the grey haired IO who has done it all, heard it all, and seen it all and realize this is no different than the primacy marriage case she adjudicated back in 1988.   

Edited June 27, 2022 by Mike E

[Will&Christine 52]

Thank you for all the replies. My wife and I have been debating and now leading towards going for spouse visa. I plan to go to Philippines in few months and stay there with her until we get spouse visa. We felt fiance visa seems risky especially on AOS part. We'll keep an eye on other couple's progress. At least with spouse visa she can get a green card within couple weeks and no paying around 1200 for AOS filing.

[John & Rose 7,239]

On 6/26/2022 at 10:55 PM, Mike E said:

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.  

Correct.  While we are all waiting to see what AOS is like, they should stay the course and complete the K-1.  I would have to think the AOS may have challenges but I am not sure DoS would ultimately deny the green card.  It may be a battle but I believe the original filers and the OP can end up victorious.

 

[Adventine 3,196]

This leads me to wonder: say that this couple is fine with NOT meeting again until the K1 visa is granted, the K1 visa is granted and the beneficiary travels to the States. And say that, at the POE, the CBP officer decides to ask a few questions. The typical ones that we hear about on VJ, like "When do you plan to get married?"

 

And the beneficiary has no choice but to say "We're already married."

 

And then I assume there would be a long discussion with CBP about the technicality, "but we haven't met in person yet since the marriage."

 

I personally would not want to be the beneficiary who needs to explain all that to CBP.

 

 

 

 

[Mike E 11,739]

3 hours ago, Adventine said:

This leads me to wonder: say that this couple is fine with NOT meeting again until the K1 visa is granted, the K1 visa is granted and the beneficiary travels to the States. And say that, at the POE, the CBP officer decides to ask a few questions. The typical ones that we hear about on VJ, like "When do you plan to get married?"

 

And the beneficiary has no choice but to say "We're already married."

 

And then I assume there would be a long discussion with CBP about the technicality, "but we haven't met in person yet since the marriage."

 

I personally would not want to be the beneficiary who needs to explain all that to CBP.

 

 

 

 

The correct answer to that question is “immediately” because a CBPO is an immigration officer and under INA they are not married until consummation.  
 

Remember when

 

* we had a Covid ban on travel

 

* the ban excluded people married to US citizens.
* some people tried to skirt this ban with an online marriage

* CBP caught on to this and determined unconsummated marriages don’t count  

 

We’ve one, well documented case, of a proxy marriage / K-1 successfully doing I-485 and I-751 

 

https://www.visajourney.com/forums/topic/269618-proxy-wedding-and-k-1-form/?do=findComment&comment=4127685

 

“A proxy marriage, that has not been subsequently consummated, does not

create or confer the status of “spouse” for immigration purposes pursuant to

INA 101(a)(35). A party to an unconsummated proxy marriage may be

processed as a nonimmigrant fiancé(e)”

 

In that same thread people insisted it wouldn’t work. Including at least one person posting on this thread.  
 

Well it did work.  
 

Space Force is constitutional.  

[Adventine 3,196]

@Mike E thanks for the linked timeline in that 2010 thread. That was an interesting read.

 

I still doubt how the answer "Immediately" can be truthful if they've already married. But those are semantics. 

 

Continuing with the existing K1 visa is still too risky for my taste, although if OP wants to try it, I hope they come back and report on their experience.

 

Plus the one crucial aspect for the plan to work: they cannot see each other until the K1 beneficiary lands in the States. We don't know how long they've been separated. For some couples, still not being able to see each other even if the Philippines is open for US tourists would be way too difficult (emotionally). 

[Will&Christine 52]

1 hour ago, Adventine said:

@Mike E thanks for the linked timeline in that 2010 thread. That was an interesting read.

 

I still doubt how the answer "Immediately" can be truthful if they've already married. But those are semantics. 

 

Continuing with the existing K1 visa is still too risky for my taste, although if OP wants to try it, I hope they come back and report on their experience.

 

Plus the one crucial aspect for the plan to work: they cannot see each other until the K1 beneficiary lands in the States. We don't know how long they've been separated. For some couples, still not being able to see each other even if the Philippines is open for US tourists would be way too difficult (emotionally). 

Last time we were together is January 2020 my third trip to Philippines. So 2 and half years.

[AnnamaeRobert 11]

8 hours ago, Will&Christine said:

Thank you for all the replies. My wife and I have been debating and now leading towards going for spouse visa. I plan to go to Philippines in few months and stay there with her until we get spouse visa. We felt fiance visa seems risky especially on AOS part. We'll keep an eye on other couple's progress. At least with spouse visa she can get a green card within couple weeks and no paying around 1200 for AOS filing.

We were on the same boat. We waited almost two years for our K1 and then we ended up getting married online through Utah. A month after we were married and before I went to go visit her, we got an email that our K1 was being transferred to the embassy (AHHHHHH!!!).

 

I asked around if we could still go back to the K1 because I didn't want to wait for the whole CR1 process, but we figured it was going to be too risky so we stuck it out. 

 

Our CR1 process has been fast. We applied for it on January 2, 2022 and we are one week away from potentially being DQed from the NVC and transferred to the Manila Embassy. 

 

Yes. we had to wait longer but it helped that I was able to visit her, and that when she gets here she will be able to start working immediately. 

[Adventine 3,196]

1 hour ago, Will&Christine said:

Last time we were together is January 2020 my third trip to Philippines. So 2 and half years.

That's a long time to go without seeing your partner. You'll have to make your own decision whether or not to pursue a CR1 application instead. 

[Will&Christine 52]

1 hour ago, AnnamaeRobert said:

We were on the same boat. We waited almost two years for our K1 and then we ended up getting married online through Utah. A month after we were married and before I went to go visit her, we got an email that our K1 was being transferred to the embassy (AHHHHHH!!!).

 

I asked around if we could still go back to the K1 because I didn't want to wait for the whole CR1 process, but we figured it was going to be too risky so we stuck it out. 

 

Our CR1 process has been fast. We applied for it on January 2, 2022 and we are one week away from potentially being DQed from the NVC and transferred to the Manila Embassy. 

 

Yes. we had to wait longer but it helped that I was able to visit her, and that when she gets here she will be able to start working immediately. 

It's encouraging that it doesn't take very long for spouse visa to process. Able to work immediately is a nice bonus.

[Ryan H 3,812]

***Hijack posts removed; if you have your own question, you need to start your own thread.***

[Redro 4,611]

11 hours ago, Will&Christine said:

It's encouraging that it doesn't take very long for spouse visa to process. Able to work immediately is a nice bonus.

Your approval might not be as fast... you could wait an entire year for the I-130 to be approved... but for some reason I feel like couples with an approved K1 who cancel and go the I-130 route have faster CR1 timelines. 

 You really have to weigh up your options. 

As you have an approved I-129F I have a strong feeling your I-130 will be approved in under 6 months.... (if you decide to go that route). 

[GinoNiña 182]

FYI!!!

K1 visa approvals went up to 709 for May compared to 50 few months ago. Thereś hope. Stay connected with our fiancee and send monetary help once in a while.....