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jatutt

Online wedding then I-130

By jatutt in IR-1 / CR-1 Spouse Visa Process & Procedures

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jatutt Newbie

jatutt   2

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My wife and I married in an online ceremony recently.  I immediately filed for the I-130 and planned my trip to go back and consummate the marriage.  But now I'm checking on what will happen next.  How long do I have to consummate the marriage?  Does anyone have knowledge of what is next.  I still have 4 weeks before my next decision according to my I-130 status.

 

Thanks,

 

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SalishSea Grand Master

SalishSea   17,803

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13 minutes ago, jatutt said:

My wife and I married in an online ceremony recently.  I immediately filed for the I-130 and planned my trip to go back and consummate the marriage.  But now I'm checking on what will happen next.  How long do I have to consummate the marriage?  Does anyone have knowledge of what is next.  I still have 4 weeks before my next decision according to my I-130 status.

 

Thanks,

 

What do you mean?  You can’t file a spousal petition until you’ve met in person after an online marriage.

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SalishSea Grand Master

SalishSea   17,803

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If you filed the petition without meeting in person, you need to meet and then refile.   There is no way around that requirement.

 

It’s unfortunate that you didn’t discover VJ until after  you did that, we would have told you that you needed to meet first before filing.   Time and money down the drain.

Edited by SalishSea
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powerpuff Veteran

powerpuff   6,685

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Withdraw the existing petition, meet in person and then refile a new I-130 with evidence of meeting. Meeting in person to consummate the marriage is a must/requirement in order to have an I-130 approved.


It is not possible to show you met after filing with the hopes that you will be approved with the existing petition you filed.

 

 

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SalishSea Grand Master

SalishSea   17,803

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

 

You may benefit from paid help (lawyer or service) if you have a hard time understanding US immigration policy.

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Crazy Cat Grand Master

Crazy Cat   41,814

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1 hour ago, jatutt said:

My wife and I married in an online ceremony recently.  I immediately filed for the I-130 and planned my trip to go back and consummate the marriage.  But now I'm checking on what will happen next.  How long do I have to consummate the marriage?  Does anyone have knowledge of what is next.  I still have 4 weeks before my next decision according to my I-130 status.

 

Thanks,

 

Agree with the others.  You must consummate the marriage BEFORE filing the I-130.  The I-130 you filed prior to meeting after the online marriage will be denied.  The proper order should be:

1.  Marry online.

2.  Meet in person (no minimum time together).

3.  File the I-130.

It must be done in that order for USCIS to recognize the marriage. 

 

In your case, you should immediately contact USCIS to withdraw the original I-130.  Refile a new I-130 after your trip to consummate the marriage. That will restart the clock.   Good luck on your journey. 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,814

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@jatutt

Another way to explain this situation is that you were not legally married in the eyes of USCIS when you filed the original I-130, so no relationship existed to approve the I-130.  Thus, a new I-130 must be filed after you consummate (meet). 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,814

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1 minute ago, jatutt said:

If I withdraw and refile will I get a pause on my i-130 and or any money back?

No.  That I-130 and fee are gone. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,814

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2 minutes ago, jatutt said:

We found a lawyer online saying that we could file and meet

That attorney was wrong.  You were not legally married when you filed the I-130.  The proper order would have been "Meet and file"

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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JeanneAdil Grand Master

JeanneAdil   6,489

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i believe e Utah is only state that has legal online zoom marriage that USCIS accepts as its legal in that state 

Who did your online marriage?

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SalishSea Grand Master

SalishSea   17,803

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2 hours ago, jatutt said:

We did meet but that was before the wedding. We found a lawyer online saying that we could file and meet before we had a hearing so that is what we did.

 

If I withdraw and refile will I get a pause on my i-130 and or any money back?

 

Joe

No.   You hired the wrong lawyer.   If you click on the USCIS link I posted above, it takes you to the FAM law that confirms that proxy marriages are not valid for US immigration.

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SalishSea Grand Master

SalishSea   17,803

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2 hours ago, JeanneAdil said:

i believe e Utah is only state that has legal online zoom marriage that USCIS accepts as its legal in that state 

Who did your online marriage?

It’s legal in all states.   The OP’s issue is that proxy marriages are not legal (until consummated). for immigration purposes.

Edited by SalishSea
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top_secret Proficient

top_secret   2,411

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I now have seen 2 actual real world cases that were denied at the interview over not meeting in person before filing the I-130 after a Utah online marriage.  They even had fairly solid rona-travel-ban excuses.   It didn't make any difference.   They are starting the I-130 over from scratch which is a very sad situation.  Both cases made it all the way through USCIS and NVC.  The issue wasn't even raised until the interview.   Like a year and a half was lost and hearts are broken.  Follow the advice given above.  The lost filing fee is nothing compared to lost time.

Wife and Stepdaughter                                                                            

  • December 17, 2020:  Married in Costa Rica
  • March 08, 2021: Filed l-130s Online
  • March 09, 2021: NOA1
  • April 26, 2021: NOA2, I-130s Approved
  • April 30, 2021: NVC Received
  • May 01, 2021: Pay AOS and IV Bills
  • May 06, 2021: Submit AOS, Financial Docs and DS-260s
  • May 14, 2021: Submit Civil Docs for Stepdaughter
  • May 21, 2021: Submit Civil Docs for Wife
  • June 25, 2021: NVC review for Stepdaughter, RFE submit additional Doc
  • July 08, 2021: Wife Documentarily Qualified by NVC
  • August 31, 2021: Stepdaughter Documentarily Qualified by NVC
  • September 15, 2021: Received Interview Date from NVC, October 05, 2021
  • September 22, 2021: Passed physicals at Saint Luke's Extension Clinic
  • October 05, 2021: Interview at US Embassy Manila. Verbally approved by US Consul. Positive interview experience.
  • October 05, 2021: CEAC status changed to "Issued"
  • October 07, 2021: Passports tracking for delivery on 2GO Courier website
  • October 08, 2021: Passports with visas delivered.  "Visas on hand"
  • October 08, 2021: Paid Immigrant Fee
  • October 12, 2021: Temporary CFO Certificates Received
  • October 26, 2021 POE arrival at LAX
  • November 02, 2021 Social Security Cards arrive in mail
  • January 31, 2022: USCIS Status changed to "Card Is Being Produced"
  • February 04, 2022: USCIS Status changed to "Card Was Mailed To Me"
  • February 07, 2022: Green cards received. 

 

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SalishSea Grand Master

SalishSea   17,803

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13 minutes ago, top_secret said:

I now have seen 2 actual real world cases that were denied at the interview over not meeting in person before filing the I-130 after a Utah online marriage.  They even had fairly solid rona-travel-ban excuses.   It didn't make any difference.   They are starting the I-130 over from scratch which is a very sad situation.  Both cases made it all the way through USCIS and NVC.  The issue wasn't even raised until the interview.   Like a year and a half was lost and hearts are broken.  Follow the advice given above.  The lost filing fee is nothing compared to lost time.

Totally makes sense given that COVID travel issues has not been an accepted reason to waive the K-1 two year meeting requirement.

Edited by SalishSea
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