Case Denied

[PWC 24]

This consummated thing is really ridiculous though. Why is it any of their business when we consinate our marriage. 

 

Has anyone here gotten around it?

[Crazy Cat 41,631]

2 minutes ago, PWC said:

Has anyone here gotten around it?

No.  USCIS will have considered your marriage consummated once you have been in the presence of each other either during or after the marriage ceremony.

[Boiler 45,356]

19 minutes ago, PWC said:

This consummated thing is really ridiculous though. Why is it any of their business when we consinate our marriage. 

 

Has anyone here gotten around it?

No

 

You don't want to visit?

[Redro 4,611]

27 minutes ago, PWC said:

This consummated thing is really ridiculous though. Why is it any of their business when we consinate our marriage. 

 

Has anyone here gotten around it?

You didn’t meet before filing the K1 and it was rightly denied. Same logic follows for the spousal petition. If you do not meet after marrying via Utah the petition will not be approved. 
You can either file the K1 now (as you have proof you have met face to face) or you can marry via Utah (and then meet) or marry in Thailand in a Thai ceremony. Showing proof you were together during the wedding ceremony (via photos). 
There is no need to show you consummated the marriage in the traditional/ literal meaning of the word.

Edited August 26, 2023 by Redro

[powerpuff 6,612]

32 minutes ago, PWC said:

This consummated thing is really ridiculous though. Why is it any of their business when we consinate our marriage. 

 

Has anyone here gotten around it?

How is it ridiculous? Without meeting it’s a proxy marriage which is not recognized as a valid marriage. Immigrating someone to the US is a huge step, I think it’s only right for immigration to require for two people to actually meet in person before filing, whether for I-129f or I-130.
 

Just because it’s an inconvenience does not mean it is ridiculous. 

 

After having an I-129f denied, I do not think you’re in a position to look for loopholes (which do not exist anyway).

Edited August 26, 2023 by powerpuff

[W199 329]

49 minutes ago, PWC said:

This consummated thing is really ridiculous though. Why is it any of their business when we consinate our marriage. 

 

Has anyone here gotten around it?

Seems reasonable to me.  The CR-1 visa requires the the couples to prove their marriage is real and can not be annuled.

Having a marriage that can potentially in some places be annulled because you haven't or are unable to consumate it isn't strong proof. 

 

I think they are being quite generous, relaxed, and probably avoiding lawsuits by only requiring you to be in the same presence together, and to  "assume" you really did consumate it. 

 

To play devils advocate, I think it  is more of a fraud prevention rule. People constantly do all sorts of immigration scams.

Edited August 26, 2023 by W199

[PWC 24]

I understand. I am just tired of waiting to live again.

 

Which option do you think it best. Coworker says to refile the k1. That it would be faster. Especially since we are already in the system. He said, I might even be able to get an expedite to happen.

 

Ok so he says, I-130 takes longer the the k1 atm. I looked up the times it's showing approx 32 months. K1 is showing 16.5 months.

 

Since we did meet this past month and I have all that proof, this is faster he thinks.

 

Your thoughts.

 

Oh the expedite reason and this is legit. I take care of an elderly woman at home. She is 80. I need someone to be there while I am at work to watch her incase she falls again. Or something else.

 

Your take on this?

 

 

 

 

 

Edited August 26, 2023 by PWC

[PWC 24]

1 hour ago, W199 said:

Seems reasonable to me.  The CR-1 visa requires the the couples to prove their marriage is real and can not be annuled.

Having a marriage that can potentially in some places be annulled because you haven't or are unable to consumate it isn't strong proof. 

 

I think they are being quite generous, relaxed, and probably avoiding lawsuits by only requiring you to be in the same presence together, and to  "assume" you really did consumate it. 

 

To play devils advocate, I think it  is more of a fraud prevention rule. People constantly do all sorts of immigration scams.

That's probably one main reason it takes so long for those doing it for the right reasons. So many scams they have to watch out for and thin out.

[PWC 24]

I just looked up the filing again for I-130. If California processes its 14 or 15 months.

[Crazy Cat 41,631]

43 minutes ago, PWC said:

I understand. I am just tired of waiting to live again.

 

Which option do you think it best. Coworker says to refile the k1. That it would be faster. Especially since we are already in the system. He said, I might even be able to get an expedite to happen.

 

Ok so he says, I-130 takes longer the the k1 atm. I looked up the times it's showing approx 32 months. K1 is showing 16.5 months.

 

Since we did meet this past month and I have all that proof, this is faster he thinks.

 

Your thoughts.

 

Oh the expedite reason and this is legit. I take care of an elderly woman at home. She is 80. I need someone to be there while I am at work to watch her incase she falls again. Or something else.

 

Your take on this?

 

 

 

 

 

On what does your co-worker base this analysis?  VJ history shows the times to be almost the same.

VJ average processing times show:

K1: 593 Days Start to Interview

CR-1: 606 Days Start to interview

Your expedite reason might be tough to approve.  "Expedite" does not mean fast.

We have already explained the benefits of a spousal visa over a K-1.  Your choice..

 

 

Edited August 26, 2023 by Crazy Cat

[Crazy Cat 41,631]

53 minutes ago, PWC said:

Coworker says to refile the k1. That it would be faster. Especially since we are already in the system. He said, I might even be able to get an expedite to happen.

Co-worker is misinformed, but you are free to choose your own path. A Cr-1 will result in a Green Card much sooner than a K-1.  

One more thing:  I have been here for 7 years.  I have seen many people who regretted choosing a K-1.  I have seen exactly zero CR-1 couples  say they wish they had chosen a K-1 instead.

Edited August 26, 2023 by Crazy Cat

[Crazy Cat 41,631]

38 minutes ago, PWC said:

I just looked up the filing again for I-130. If California processes its 14 or 15 months.

It is a very important decision.  The only thing we can do is offer our opinions and provide the info we have learned over years of studying the process and thousands of case histories.  Good luck on your journey.  You deserve a smooth trip. 

Edited August 26, 2023 by Crazy Cat

[PWC 24]

45 minutes ago, Crazy Cat said:

It is a very important decision.  The only thing we can do is offer our opinions and provide the info we have learned over years of studying the process and thousands of case histories.  Good luck on your journey.  You deserve a smooth trip. 

Very true. And Thank You.

[Redro 4,611]

FYI: USCIS times are just for USCIS stage. NVC stage varies but is about 4 months after I129F is approved and currently the same for I130s. Then K1 applicants need to schedule their own interviews  but I130 interviews are scheduled but the consulate. 
Additionally, all K1s go through California but I130s go through 5 different service centers and you cannot choose them. You might find your case at Nebraska, Potomac, Vermont, California or Texas. There is no way to know the future. 
And you are in the system already because of the I129F but it wasn’t approved so if it makes a difference it would make a difference for both petitions. 

[Boiler 45,356]

A marriage based case is much more of a sure thing.