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

[RO_AH 1,648]

1 minute ago, Crazy Cat said:

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

Legally no (as @Nuba posted). But you must remember all of the people you deal with along the way and hoping to get them all to understand, agree, and allow you to proceed is a whole other topic. You must truthful in all answers along the way, and once you say you are married but not technically, their heads will explode.

[RO_AH 1,648]

6 minutes ago, LexieJ said:

Didn’t someone post about this same topic?

Yes, just recently.

[Rocio0010 5,579]

See, here’s the thing: the might be able to game the system now, but this is not their last immigration step by any means. If I were OP, I would be very worried someone might pick it up later in the process, either for ROC or N400. To me, the very few months that this can speed up, if any, are not worth the headache. But that’s me.

[beloved_dingo 1,973]

Yeah I believe there is someone here who got an approved K-1 doing this and they are waiting to see what happens for AOS. Until we see if they overcome AOS without issue, we won't know if this truly works (and there's still ROC and citizenship to consider). 

[powerpuff 6,461]

My only question is…. Why? If it would save you months, maybe it’s worth a consideration. This will save you maybe a couple of days. Is it really worth the hassle? 

[GinoNiña 182]

Based on my researched, online marriage is NOT valid until both parties has physically met in person(consummated, fancy term).  So it would be safe to do an online marriage without violating all K1 requirements, yes? 

 

When she gets here, it is the day  consummation starts. It means no need traveling to vegas for marriage. Her arrival day is day 1 for marriage requirements.

 

Big question is what are the pros and cons on doing this. This Online marriage is something new to us. It  is not treated the same as the proxy marriage. It is different  process all together.   

 

This waiting period SUCKS!!! Just learned that not only K1 visas are backlogged, all immigration related subjects as well. Philippines is number 2 worldwide(good choice), for K1 applicants. 

 

Oh yeah by the way LOVE  all the replies....

[Boiler 44,865]

1 minute ago, GinoNiña said:

Based on my researched, online marriage is NOT valid until both parties has physically met in person(consummated, fancy term).  So it would be safe to do an online marriage without violating all K1 requirements, yes? 

 

When she gets here, it is the day  consummation starts. It means no need traveling to vegas for marriage. Her arrival day is day 1 for marriage requirements.

 

Big question is what are the pros and cons on doing this. This Online marriage is something new to us. It  is not treated the same as the proxy marriage. It is different  process all together.   

 

This waiting period SUCKS!!! Just learned that not only K1 visas are backlogged, all immigration related subjects as well. Philippines is number 2 worldwide(good choice), for K1 applicants. 

 

Oh yeah by the way LOVE  all the replies....

Marry on line the day she gets here, no issues, let us say for argument there is a regulation that says this all dandy, but you get somebody who has not read it so needs to investigate, why risk it?

[Crazy Cat 41,193]

13 hours ago, GinoNiña said:

Based on my researched, online marriage is NOT valid until both parties has physically met in person(consummated, fancy term).  So it would be safe to do an online marriage without violating all K1 requirements, yes? 

 

When she gets here, it is the day  consummation starts. It means no need traveling to vegas for marriage. Her arrival day is day 1 for marriage requirements.

 

Big question is what are the pros and cons on doing this. This Online marriage is something new to us. It  is not treated the same as the proxy marriage. It is different  process all together.   

 

This waiting period SUCKS!!! Just learned that not only K1 visas are backlogged, all immigration related subjects as well. Philippines is number 2 worldwide(good choice), for K1 applicants. 

 

Oh yeah by the way LOVE  all the replies....

You don't see the risk?  There are actual instances of a person being labeled as too married for a K-1.   In addition, the entire sequence of events will be examined at the time of naturalization.  Your date of marriage will be shown as before the K-1 was issued.  

Edited July 14, 2022 by Crazy Cat

[Adventine 3,189]

This plan is a whole lot of risk for very little gain. 

 

I've been watching the PH regional forum for news on that K1 visa holder who got married online but never saw their spouse until they arrived in the States. Until I hear that AOS was successfully approved, I won't consider it a fully successful process.

 

For someone who seems very eager to start their married life ASAP, it seems counterproductive to willingly put themselves in a situation where they cannot meet in person for an unknown period of time. That's what's going to happen if the K1 visa applicant proceeds with an online marriage but refuses to consummate until arrival in the States.

[RO_AH 1,648]

8 hours ago, GinoNiña said:

Big question is what are the pros and cons on doing this. This Online marriage is something new to us. It  is not treated the same as the proxy marriage. It is different  process all together.   

The biggest con is that you may be completely correct, yet she arrives and gets interviewed by a CBP officer. Technically you are not married but yet you are. You are now at the mercy that has no idea about the finite nuances of the law and says...You're married already, you need to go back on the next plane. Meaning you could be 100% right and still make it harder on yourself.

 

But do not fret, you are just over thinking it and I am here to help you out. Who told you that you must go to Vegas? You do realize that you can still do an online wedding in Utah the day she lands right? Problem solved and just as fast.

[Nuba 57]

One other thing to point out. Although USCIS does not recognize an online marriage until it is consummated other agencies do, including the iRS. The USC would have to adjust their tax filings from single to married.

 

 

[Nuba 57]

13 hours ago, GinoNiña said:

Based on my researched, online marriage is NOT valid until both parties has physically met in person(consummated, fancy term).  So it would be safe to do an online marriage without violating all K1 requirements, yes? 

 

When she gets here, it is the day  consummation starts. It means no need traveling to vegas for marriage. Her arrival day is day 1 for marriage requirements.

 

Big question is what are the pros and cons on doing this. This Online marriage is something new to us. It  is not treated the same as the proxy marriage. It is different  process all together.   

 

This waiting period SUCKS!!! Just learned that not only K1 visas are backlogged, all immigration related subjects as well. Philippines is number 2 worldwide(good choice), for K1 applicants. 

 

Oh yeah by the way LOVE  all the replies....

 I think one thing you are missing is that on the day she arrives you could have a marriage in presence or do an online marriage and consummate it on the spot, so to speak.   This is a much less risky course and has the same time line. 

 

All of us K-1 waiters share your pain and frustration. The best thing you can do is to ensure that you present all the correct information in the required format with properly completed forms the first time; they are very picky about this. Otherwise you will get RFEs that will only lengthen the process. 

[Mike E 11,732]

On 7/13/2022 at 11:40 AM, LexieJ said:

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!

At least one lawyer agrees with OP and disagrees with the consensus of this thread:

 

Moreover it has worked in the past with proxy marriages: 

 

Proxy marriages vs online marriages: differences without distinction to DoS and USCIS. 
 

OP was telling me in a different  thread that I was wrong about I-751 backlogs affecting OP’s case and now I understand why.  😂