Deciding to change from K1 to CR1/IR1 (merged)

[RedaAd 0]

Hey All,

 

Thinking about maybe to go through with marrying using the Utah remote service, and apply directly after with the i130 with the same evidence we provided for the K1, I have visited my fiance once in their country and planning to visit more time in the next months, should we go through with it and provide same proof for k1, pictures together, gifts, chat logs..etc ?

 

thank you

[Crazy Cat 41,809]

Make sure you physically meet after the marriage BEFORE filing the I-130.   The marriage will not be recognized until you are together after the marriage ceremony.

[RedaAd 0]

8 minutes ago, Crazy Cat said:

Make sure you physically meet after the marriage BEFORE filing the I-130.   The marriage will not be recognized until you are together after the marriage ceremony.

Appreciate the comment, well I think if we get marriage certificate and apply for i-130 they would only ask for additional evidence after 10-12 months of the processing time when our turn comes and by that time we would have enough proof to send right ?

[RedaAd 0]

1 minute ago, ADAMegel said:

Appreciate the comment, well I think if we get marriage certificate and apply for i-130 they would only ask for additional evidence after 10-12 months of the processing time when our turn comes and by that time we would have enough proof to send right ?

@Mike E What do you think Mike ?

[etrangais 947]

First and foremost: is Utah marriage recognized in Morocco?

As @Crazy Cat mentioned, you have to "consume" your marriage before you file, as that is the basis of the I-130. Meeting after filing does not establish the basis for filing. 

[powerpuff 6,677]

29 minutes ago, ADAMegel said:

Appreciate the comment, well I think if we get marriage certificate and apply for i-130 they would only ask for additional evidence after 10-12 months of the processing time when our turn comes and by that time we would have enough proof to send right ?

No. You must include evidence of meeting in person after the Utah Zoom ceremony and this needs to be done when your US citizen spouse submits I-130.

 

~~ Topic moved from CR1/IR1 Progress Reports to Process & Procedures ~~

Edited January 24, 2023 by powerpuff

[Crazy Cat 41,809]

1 hour ago, ADAMegel said:

Appreciate the comment, well I think if we get marriage certificate and apply for i-130 they would only ask for additional evidence after 10-12 months of the processing time when our turn comes and by that time we would have enough proof to send right ?

Nope.  You are going to make an extremely critical mistake.  This is basic stuff.  As I said, you MUST meet after the ceremony...BEFORE you submit the I-130.. Otherwise, the marriage will not be recognized by USCIS.  You need to do more research.

Edited January 24, 2023 by Crazy Cat

[SteveInBostonI130 3,432]

58 minutes ago, ADAMegel said:

Appreciate the comment, well I think if we get marriage certificate and apply for i-130 they would only ask for additional evidence after 10-12 months of the processing time when our turn comes and by that time we would have enough proof to send right ?

 

When they send you the RFE for proof of consummating the marriage, and you send them photos and boarding passes/ticket receipt that clearly shows you met after the I-130 was submitted, your case will be denied.

 

Marry, meet, and then submit the I-130.  In that order.

[Crazy Cat 41,809]

1 hour ago, ADAMegel said:

Appreciate the comment, 

Please ask your questions in this thread instead of starting a new one concerning Utah Zoom Marriages and proxy marriages.

 

All "Utah Zoom Marriage" type marriages in all states require meeting to consummate the marriage before filing the I-130.  You cannot get around the requirement to meet before filing. 

Edited January 24, 2023 by Crazy Cat

[Mike E 11,739]

1 hour ago, ADAMegel said:

@Mike E What do you think Mike ?

@Crazy Cat has it correct. I’ve never said anything to the contrary. 
 

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.

”

 

1 hour ago, etrangais said:

First and foremost: is Utah marriage recognized in Morocco?

It’s a USA marriage. It will be recognized by the U.S. embassy in Morocco. Whether it is recognized by the government of Morocco is of no relevance. 

1 hour ago, etrangais said:

As @Crazy Cat mentioned, you have to "consume" your

The term is consummate 

1 hour ago, etrangais said:

 

marriage before you file, as that is the basis of the I-130. Meeting after filing does not establish the basis for filing. 

This is correct.  
 

Before filing I-130, the couple should take at minimum take  selfie with their Utah marriage certificate, and along with the selfie, include a hotel receipt,  and evidence the petitioner traveled to the beneficiary’s country of residence. 
 

 

[powerpuff 6,677]

If you cannot or do not want to meet in order to apply for I-130, then you should stick with your current K1 path instead of trying to find loopholes (that do not exist) to file I-130 without putting in the required effort.

[RedaAd 0]

12 minutes ago, powerpuff said:

If you cannot or do not want to meet in order to apply for I-130, then you should stick with your current K1 path instead of trying to find loopholes (that do not exist) to file I-130 without putting in the required effort.

Yeah I think we might just go go i130 after we meet. Thanks all for the advices, really appreciate it.

Also should we do anything about our ongoing k1 i129 process or just let it be .

@Mike E @Crazy Cat

[powerpuff 6,677]

Just let it be for now and when you submit I-130 your spouse-to-be can also include a letter withdrawing I-129f.

[Crazy Cat 41,809]

1 minute ago, RedaAd said:

Yeah I think we might just go go i130 after we meet. Thanks all for the advices, really appreciate it.

Also should we do anything about our ongoing k1 i129 process or just let it be .

@Mike E @Crazy Cat

Just let it ride until you get ready to submit the I-130. Then, you can send a withdrawal letter along with the I-130. 

[Dashinka 24,479]

42 minutes ago, RedaAd said:

Yeah I think we might just go go i130 after we meet. Thanks all for the advices, really appreciate it.

Also should we do anything about our ongoing k1 i129 process or just let it be .

@Mike E @Crazy Cat

Ideally, you can do the Utah Zoom marriage when you are together next and file the i130 as soon as the marriage certificate is in your hands.

 

Good Luck!