I need to find a way to beat the backlogged and understaffed system

[GinoNiña 182]

I have hypothetical  idea about my marriage. Im planning on doing this to start the clock and no need going to las vegas for a drive thru marriage. 

After receiving my NOA2, Im am planning on having an online marriage. Average time between noa2 to interview is 6 months pre covid. It is way longer now.

 

I make sure that I will not be visiting her anymore after our online marriage. I would wait until she gets here so we can consumate our marriage to make it an official. 

Im planning on doing this to save time and so  our marriage has started. 

 

What is your verdict?

[Timona 4,159]

Won't work. 

 

It has to be consummated before interview.

 

But you can try and let us know. Anything is possible 🤷🏽‍♂️

[Crazy Cat 41,193]

 

25 minutes ago, GinoNiña said:

After receiving my NOA2, Im am planning on having an online marriage. Average time between noa2 to interview is 6 months pre covid. It is way longer now.

Nope. 

1.  Once you marry, you no longer qualify for a K-1.  She cannot travel to the US on a K-1 if married.   

2.  You cannot file an I-130 for a spousal visa until after the marriage is consummated.  

 

This stunt is going to blow up in your face. I would not even try it.

[Crazy Cat 41,193]

If there was a legal way to get around the long process, we would know it.......but there isn't.

[Rocio0010 5,579]

If it were a successful plan, other people would have tried it. 

[Crazy Cat 41,193]

4 minutes ago, Rocio0010 said:

If it were a successful plan, other people would have tried it. 

If I am interpreting his plan correctly, it WILL absolutely fail at one of the following places:  It could result in misrepresentation.

1.  Consulate interview

2.  POE

3.  AOS interview

4.  Citizenship interview. 

Edited July 13, 2022 by Crazy Cat

[Rocio0010 5,579]

1 minute ago, Crazy Cat said:

If I am interpreting his plan correctly, it WILL absolutely fail at one of the following places:

1.  Consulate interview

2.  POE

3.  AOS interview

4.  Citizenship interview. 

It’d fail on the onset because a K1 is not a spousal visa.

What I’m saying is, people like OP want to get creative thinking it will shorten the wait, but it will backfire sooner or later.

[Crazy Cat 41,193]

@GinoNiña, the official date of the marriage will be when the ceremony took place.....not the date of the consummation......thus, your marriage will have taken place before the K-1 was issued....rendering the K-1 as improperly issued.  That will create big headaches at some point in the process. It could even result in misrepresentation or fraud charges.

Edited July 13, 2022 by Crazy Cat

[Nuba 57]

I did some research on Utah virtual marriages including talking with my immigration attorney.  The OP may want to consult the website of the US Department of State.

I have copied the relevant text for proxy marriages below.

 

A proxy marriage does *not* disqualify you from the K1 visa as long as you can demonstrate it has not be consummated before the interview because it does not qualify you as a spouse. .  This essentially means you must show you have not met in person subsequent to the marriage.

 

A proxy marriage does not qualify you for a spousal visa (CR1 or I1) unless it has been consummated after the marriage.

 

If you do go the proxy/K1 route and consummate after the interview, the date of the marriage for immigration purposes is the date of the original ceremony.

 

I suppose this allows OP to game the system only slightly as they would still have to wait out the K1 interview. They could then apply for AOS a bit sooner and the 2 year clock for IR1 would have already started.

 

I don't see how it does anything for spousal visa timeframe since they have to meet in person outside US to consummate at which point they could just as well get married

 

 

https://fam.state.gov/fam/09FAM/09FAM010208.html

A marriage where one or both parties was not present (proxy marriage) is not valid unless the marriage was consummated.

(1) Consummated: For the purpose of issuing a visa to a “spouse,” a proxy marriage that has been subsequently consummated is deemed to have been valid as of the date of the proxy ceremony. A proxy marriage consummated prior to the proxy ceremony cannot be considered a valid marriage for visa adjudication purposes unless it has been consummated subsequently.

(2) Unconsummated: A proxy marriage that has not been subsequently consummated does not create or confer the status of “spouse” pursuant to INA 101(a)(35)…. [A] party to an unconsummated proxy marriage may be processed as a nonimmigrant fiancé(e). A proxy marriage celebrated in a jurisdiction recognizing such marriage is generally considered to be valid; thus, an actual marriage in the United States is not necessary if such alien is admitted to the United States under INA provisions other than as a spouse.

Edited July 13, 2022 by Nuba

[Boiler 44,862]

If you want to marry on line you can do that when she gets here.

[Crazy Cat 41,193]

8 minutes ago, Nuba said:

This essentially means you must show you have not met in person subsequent to the marriage.

It is difficult to prove a negative.......and leaves a great deal of ambiguity which could lead to deep scrutiny later in the immigration process.  I wouldn't try it.   I don't see much of a benefit in "the plan".

Edited July 13, 2022 by Crazy Cat

[Nuba 57]

11 minutes ago, Crazy Cat said:

It is difficult to prove a negative.......and leaves a great deal of ambiguity which could lead to deep scrutiny later in the immigration process.  I wouldn't try it.   I don't see much of a benefit in "the plan".

I would think passport stamps would do the trick , as long as there are no overlaps in the intervening period, no?

 

I also don't think  much of the plan.  Just want OP to have all the information. My lawyer also recommended against doing a virtual marriage.  

Edited July 13, 2022 by Nuba

[RO_AH 1,648]

1 hour ago, GinoNiña said:

I have hypothetical  idea about my marriage. Im planning on doing this to start the clock and no need going to las vegas for a drive thru marriage. 

After receiving my NOA2, Im am planning on having an online marriage. Average time between noa2 to interview is 6 months pre covid. It is way longer now.

 

I make sure that I will not be visiting her anymore after our online marriage. I would wait until she gets here so we can consumate our marriage to make it an official. 

Im planning on doing this to save time and so  our marriage has started. 

 

What is your verdict?

I don't see much of a time savings here. You can get married the day that she arrives. You theory has been discussed here but no one has confirmed that it will work. I mean technically if you are not married enough to get a spousal visa then you should not be considered married for a fiance visa. A lot of grey area and to me would be too risky, for the benefit you would get.

[Crazy Cat 41,193]

2 minutes ago, RO_AH said:

I don't see much of a time savings here. You can get married the day that she arrives. You theory has been discussed here but no one has confirmed that it will work. I mean technically if you are not married enough to get a spousal visa then you should not be considered married for a fiance visa. A lot of grey area and to me would be too risky, for the benefit you would get.

"Too married for a K-1" and "not married enough for a CR-1" is a real thing. 

[LexieJ 44]

Didn’t someone post about this same topic? If OP wants to be the Guinea pig for this process then that will be very interesting and make sure report back to us what the outcome will be!