Maria O

US immigration law considers Utah/online marriages legally valid and may not treat it differently. When I said scrutinize, I meant the USCIS will most probably ask for RFE (request for evidence). Speaking from experience, we received an RFE both for when we filed I-130 and again for ROC. Here's a couple of links about virtual marriages and examples of evidences you need to provide. 
 
What is a Proxy Marriage and Can it Be Filed with USCIS? - EIC 中天移民 (enterimmi.com)
Proxy Marriage for Immigration Purposes | CitizenPath
USCIS recognize online marriage? Can I get a U.S spouse visa? (marryfromhome.com)
 

US immigration law considers Utah/online marriages legally valid and may not treat it differently. When I said scrutinize, I meant the USCIS will most probably ask for RFE (request for evidence). Speaking from experience, we received an RFE both for when we filed I-130 and again for ROC. Here's a couple of links about virtual marriages and examples of evidences you need to provide. 
 
What is a Proxy Marriage and Can it Be Filed with USCIS? - EIC 中天移民 (enterimmi.com)
Proxy Marriage for Immigration Purposes | CitizenPath
USCIS recognize online marriage? Can I get a U.S spouse visa? (marryfromhome.com)
 

I second the motion for disagreeing. I am also from the Philippines, my husband is a US citizen. Kudos to Crazy Cat for providing the Pros and Cons of CR1 and K1. I just want to add, with K1 it will require adjustment of status and removing of conditions, however CR1 will undergo removal of condition (if spousal visa is granted before 2 years of marriage. Spouse will have the IR1, if marriage is beyond 2 years.)  That being said, I would still go for CR1 as spouse will already have a green card and enjoy the benefits of permanent status upon arrival in the US.
 
Our filing took 1 year and 4 months from filing to approval of spousal visa.
 
- Married in the Philippines - April 2017 (civil wedding) - no hassle, no too many "rules", you only need to file your permit for marriage at the city hall where you  want to get married. Invite 2 sponsors, immediate family. Done. Unless your fiance prefers a traditional fancy wedding, as what Filipino family expects especially with a foreigner partner.  
- Filed I-130 - May 2017 (husband went back to US, I stayed in the Philippines)
- Approved/Received Visa - September 2018
- US Arrival - September 2018
- Received Green Card CR1 - October 2018 (Valid 2 years) - I received my green card before our 2nd year of wedding anniversary, which requires removal of condition. The removal of condition is for the purpose of proving that you entered the marriage in good faith. Philippines is one of the countries included in the red list fraud alert for spouse/fiance visas, hence the conditions if marriage is less than 2 years. Also, forget about utah online marriage or any online/proxy marriage. Your application will be scrutinized if you do this, you'll have to provide a lot of evidences to prove your marriage is bonafide.
- 1st job in the US (state employee) and student driver's license - December 2018
- Driver's License - August 2019
- Removal of condition - Submitted July 2020, Approved August 2021
- Received Green Card IR1 - August 2021 (Valid 10 years) Immigrant spouse can file US citizenship after 3 years from the date of US entry (given that petitioner is a US citizen.)
 
My two cents, I would rather wait with minimal expenses for a CR1 than go with the extra mile and more expenses for K1 in exchange of being together. You'll be together anyway once your spouse arrives in the US. Just need a little sacrifice if your relationship is truly genuine. Other option, you can stay/visit in the Philippines as much as you like during the waiting period and have a second fancy extravagant wedding.
 
 

US immigration law considers Utah/online marriages legally valid and may not treat it differently. When I said scrutinize, I meant the USCIS will most probably ask for RFE (request for evidence). Speaking from experience, we received an RFE both for when we filed I-130 and again for ROC. Here's a couple of links about virtual marriages and examples of evidences you need to provide. 
 
What is a Proxy Marriage and Can it Be Filed with USCIS? - EIC 中天移民 (enterimmi.com)
Proxy Marriage for Immigration Purposes | CitizenPath
USCIS recognize online marriage? Can I get a U.S spouse visa? (marryfromhome.com)
 

I agree that CR1 is the better choice, and one big reason is avoiding AOS. 
 
However, just want to point out that timelines are quite different now than they were in 2017/2018, so the process will likely take closer to 2 years, not 1. K1 timelines are similar though. It no longer has a time advantage over CR1.
 
Also, do you have a source for this statement below?
 
I have not seen any indication that USCIS treats the Utah/Zoom marriage any differently. Of course, the couple still has to see each other in person during or after the ceremony for it to be valid. 

Ah, I thought this applies to everyone regardless of country of origin?
 
https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html#13

I second the motion for disagreeing. I am also from the Philippines, my husband is a US citizen. Kudos to Crazy Cat for providing the Pros and Cons of CR1 and K1. I just want to add, with K1 it will require adjustment of status and removing of conditions, however CR1 will undergo removal of condition (if spousal visa is granted before 2 years of marriage. Spouse will have the IR1, if marriage is beyond 2 years.)  That being said, I would still go for CR1 as spouse will already have a green card and enjoy the benefits of permanent status upon arrival in the US.
 
Our filing took 1 year and 4 months from filing to approval of spousal visa.
 
- Married in the Philippines - April 2017 (civil wedding) - no hassle, no too many "rules", you only need to file your permit for marriage at the city hall where you  want to get married. Invite 2 sponsors, immediate family. Done. Unless your fiance prefers a traditional fancy wedding, as what Filipino family expects especially with a foreigner partner.  
- Filed I-130 - May 2017 (husband went back to US, I stayed in the Philippines)
- Approved/Received Visa - September 2018
- US Arrival - September 2018
- Received Green Card CR1 - October 2018 (Valid 2 years) - I received my green card before our 2nd year of wedding anniversary, which requires removal of condition. The removal of condition is for the purpose of proving that you entered the marriage in good faith. Philippines is one of the countries included in the red list fraud alert for spouse/fiance visas, hence the conditions if marriage is less than 2 years. Also, forget about utah online marriage or any online/proxy marriage. Your application will be scrutinized if you do this, you'll have to provide a lot of evidences to prove your marriage is bonafide.
- 1st job in the US (state employee) and student driver's license - December 2018
- Driver's License - August 2019
- Removal of condition - Submitted July 2020, Approved August 2021
- Received Green Card IR1 - August 2021 (Valid 10 years) Immigrant spouse can file US citizenship after 3 years from the date of US entry (given that petitioner is a US citizen.)
 
My two cents, I would rather wait with minimal expenses for a CR1 than go with the extra mile and more expenses for K1 in exchange of being together. You'll be together anyway once your spouse arrives in the US. Just need a little sacrifice if your relationship is truly genuine. Other option, you can stay/visit in the Philippines as much as you like during the waiting period and have a second fancy extravagant wedding.
 
 

I second the motion for disagreeing. I am also from the Philippines, my husband is a US citizen. Kudos to Crazy Cat for providing the Pros and Cons of CR1 and K1. I just want to add, with K1 it will require adjustment of status and removing of conditions, however CR1 will undergo removal of condition (if spousal visa is granted before 2 years of marriage. Spouse will have the IR1, if marriage is beyond 2 years.)  That being said, I would still go for CR1 as spouse will already have a green card and enjoy the benefits of permanent status upon arrival in the US.
 
Our filing took 1 year and 4 months from filing to approval of spousal visa.
 
- Married in the Philippines - April 2017 (civil wedding) - no hassle, no too many "rules", you only need to file your permit for marriage at the city hall where you  want to get married. Invite 2 sponsors, immediate family. Done. Unless your fiance prefers a traditional fancy wedding, as what Filipino family expects especially with a foreigner partner.  
- Filed I-130 - May 2017 (husband went back to US, I stayed in the Philippines)
- Approved/Received Visa - September 2018
- US Arrival - September 2018
- Received Green Card CR1 - October 2018 (Valid 2 years) - I received my green card before our 2nd year of wedding anniversary, which requires removal of condition. The removal of condition is for the purpose of proving that you entered the marriage in good faith. Philippines is one of the countries included in the red list fraud alert for spouse/fiance visas, hence the conditions if marriage is less than 2 years. Also, forget about utah online marriage or any online/proxy marriage. Your application will be scrutinized if you do this, you'll have to provide a lot of evidences to prove your marriage is bonafide.
- 1st job in the US (state employee) and student driver's license - December 2018
- Driver's License - August 2019
- Removal of condition - Submitted July 2020, Approved August 2021
- Received Green Card IR1 - August 2021 (Valid 10 years) Immigrant spouse can file US citizenship after 3 years from the date of US entry (given that petitioner is a US citizen.)
 
My two cents, I would rather wait with minimal expenses for a CR1 than go with the extra mile and more expenses for K1 in exchange of being together. You'll be together anyway once your spouse arrives in the US. Just need a little sacrifice if your relationship is truly genuine. Other option, you can stay/visit in the Philippines as much as you like during the waiting period and have a second fancy extravagant wedding.
 
 

CR-1 is THE best option from the Philippines and I did K-1 and CR-1 there. 

From my personal experience, I received the interview letter a month after NVC approved all documents. The interview was scheduled after a month from the date of the letter. If you are a US Citizen, your case shall be prioritized, but if you're an LPR it probably would take a while. The embassy in your country are the one scheduling the interviews, mostly likely if they're having strict COVID protocols or it's closed, then I'm afraid you'll have to wait for some more time. 
 
I suggest to contact the NVC and ask for your case status. Most probably they'll have some information and can give you a lead time when the interview can take place.

NVC schedules the interview when the case reaches the front of the queue for that consulate.
1. Case is DQ'd by NVC.
2. Case then enters NVC queue for your consulate and waits at NVC.
3. Consulate informs NVC of available interview date for upcoming month.
4. NVC schedules interview when case reaches the front of the queue for that consulate.
5. NVC notifies person of interview date via email.
6. NVC then sends case to consulate.
After the interview is scheduled, it can take several days to several weeks for the consulate to receive the case.
 

Thank you for the heads up. I'm already convinced to bring my husband with me when I read the federal statutes.  

Only a few K-1 cases get 10-year Green Card when USCIS takes so long to approve Form I-485. If on the date USCIS approves Form I-485 the marriage is less than 2 years old then they get 2-year GC; if instead the marriage is 2 years or more on Form I-485 approval date then it's a 10-year GC. See INA 216(h):
 
If somehow the wrong card is issued then Form I-90 should be filed for free: https://www.uscis.gov/i-90 "(D) My existing card has incorrect data because of DHS error."

Yes it is. ROC is needed when you get a two-year conditional green card. I file next January jointly with hubby, but I’m a huge planner so that’s why I was asking you!

If you joint applied, then yes.  

i absolutely would. Worst case scenario, they say he is not needed, and do not let him in.
 
but if he IS needed, and hes NOT there, it could cause issues (or at least much more in time and travel expenses)
 
better safe than sorry.

thank you! I know what a RFE is (I got one for my AOS). I was just wondering what they requested from you specifically. Thanks again! Also, yes, you do have to go with your spouse to the interview. Good luck and please report back!!

Thank you for the heads up. I'm already convinced to bring my husband with me when I read the federal statutes.  

I have seen several people saying recently that their interview letter did not state that the spouse has to attend. Yesterday, someone with that letter went for the interview but apparently was asked why the spouse was not in attendance. I won't chance it even if the letter doesn't state it. Better to bring your spouse and not be asked to have him or her in the interview room than to have no spouse there.

I don't have anything else to add other than Good Luck!

I only filed for ROC as I do not have 3 years yet. I entered US Sept. 2018. 
 
I'm from the Philippines. My husband moved to AK and he's been here for more than 10 years. I have not known any African since I got here, but 10% of the population is Filipino. There is actually a Filipino community here in Juneau, even a statue of our national hero downtown. Kind of surprising at first, but works to my advantage. I feel not far away from home. 

Thank you. I'll look more into this. You are enormously helpful! 😊
I am guessing you are an attorney or perhaps a very concerned citizen, but either way I am delighted to see VJ has people like you. Reaching out and assisting others way beyond USCIS can offer as far as their Customer Service-Live Assistance goes. I got nothing but a virtual recorder telling me what I already know. 🙄

Thank you. I'll look more into this. You are enormously helpful! 😊
I am guessing you are an attorney or perhaps a very concerned citizen, but either way I am delighted to see VJ has people like you. Reaching out and assisting others way beyond USCIS can offer as far as their Customer Service-Live Assistance goes. I got nothing but a virtual recorder telling me what I already know. 🙄

I only filed for ROC as I do not have 3 years yet. I entered US Sept. 2018. 
 
I'm from the Philippines. My husband moved to AK and he's been here for more than 10 years. I have not known any African since I got here, but 10% of the population is Filipino. There is actually a Filipino community here in Juneau, even a statue of our national hero downtown. Kind of surprising at first, but works to my advantage. I feel not far away from home. 

I only filed for ROC as I do not have 3 years yet. I entered US Sept. 2018. 
 
I'm from the Philippines. My husband moved to AK and he's been here for more than 10 years. I have not known any African since I got here, but 10% of the population is Filipino. There is actually a Filipino community here in Juneau, even a statue of our national hero downtown. Kind of surprising at first, but works to my advantage. I feel not far away from home.