Is it possible to obtain a US spouse visa based on an internet marriage?
The short answer is YES!
And here's the extended version:
A marriage in which the groom and bride are not physically present at the time of marriage, such as an online wedding, can be legally recognized under US immigration law. However, unless the couple consummates their union after the marriage, the US government will not consider the marriage as a basis for awarding a valid permanent residence (green card). In this case, "pre-consummation" does not count.
What does it mean to be consummated?
To make (marital union) complete by sexual intercourse consummate a marriage, according to the Merriam-Webster Dictionary.
When everything that needs to be done in respect to a contract is completed, the contract is said to be consummated. The term "consummation" refers to the finalization of a contract.
If you and your spouse wish to seek for a U.S. visa, proof that the marriage has been consummated after you got married online is required.
Some of the recommendations as proof that your internet marriage has been consummated are as follows:
Documentary evidence that the couple were in the same place at the same time
Copies of airplane ticket
Hotel reservation
Photos together
Bills
Apartment address
Individual affidavit or personal statement attesting to the fact of the relationship
Personal affidavit of the couple
Affidavit from neighbors and/or Barangay captain
Affidavit from your landlord
If you can demonstrate that the marriage is the product of your long-term connection together, your affidavit will be more credible. You can also include images of your personal meetings prior to the wedding to demonstrate that the union is genuine.
You can also provide the birth certificate of your child, your common child after your online marriage, as an additional supporting document to indicate that the marriage has been consummated. Children before the wedding or your child's birth certificate before your online marriage can be included, but their value as proof may not be larger than the birth certificate of your common child after your online marriage. Why? Because consummation refers to the finalization of a contract or the union of two people. As a result, the child you have as a result of your online marriage is a valuable evidence or product of your union.
So you got married online and had a successful marriage. What are your options for obtaining a spouse visa now?
BACKGROUND ON THE VISA APPLICATION
An immigrant visa sponsored by a citizen of the United States
Before filing for an immigrant visa, a foreign spouse intending to relocate to the United States must be sponsored by his or her U.S. citizen or lawful permanent resident partner and have an authorized petition. The sponsor (US-based spouse) starts the process by filing a petition with US Citizenship and Immigration Services on behalf of the foreign citizen (USCIS).
Please read the following carefully for more guidance and information:
Spouse
Who is regarded as the spouse?
A spouse is a legally married man or woman who has completed their marriage.
A marriage does not qualify for immigration just because the couple lives together.
Depending on the regulations of the country where the common-law marriage occurs, common-law spouses may qualify as spouses for immigration purposes.
Only the first spouse may qualify as a spouse for immigration purposes in circumstances of polygamy.
If you are a US citizen, there are two options for bringing your foreign spouse (husband or wife) to the US to live with you. How?
You may apply:
Immigrant visa for a U.S. citizen's spouse (IR1 or CR1)– Form I-130, Immigrant Petition for Alien Relative, is necessary.
Nonimmigrant visa for spouse (K-3)– It's crucial to remember that the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be applied for and issued in the country where the marriage took place. The spouse might come to the United States to await the processing of the immigrant visa case after the visa process is concluded and the visa is given. Petition for Alien Relative, Form I-130, and Petition for Alien Fiancé(e), Form I-129F, are both necessary.
EB3 Employment based petition in which one of you has an pending application to be a green card in USA partner can accompany or follow to join if they are married.
Nonimmigrant Visas K-3/K-4
You can also file a Form I-129F, Petition for Alien Fiancé, if you are a U.S. citizen and have already filed Form I-130, Petition for Alien Relative, for your foreign spouse who lives overseas (e). While you wait for USCIS to make a decision on the Form I-130, this is the first step in getting your spouse and his or her children a visa to travel to the United States.
Who is qualified for a K-3 visa application?
Married to a citizen of the United States
Beneficiary of a FORM I-30, Alien Relative Petition, submitted by you for your husband or wife
Attempts to enter the United States while waiting for the USCIS to make a determination on the Form I-130.
A child of your foreign spouse may be eligible for a K-4 visa if the child is:
Under 21 years of age
Unmarried, and
The child of the K-3 visa applicant you file for
Immigrant Visa for a U.S. Citizen's Spouse (IR1 or CR1)
The first step is to file the petition from within the United States.
For your spouse, file Form I-130, Petition for Alien Relative, with the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) (husband or wife). The USCIS website has directions on how to file a petition, including where you should send it.
Minimum Age Requirement Sponsored by the United States
A U.S. sponsor (petitioner) does not have to be a certain age to file a petition for a spouse. Before you can sign the Affidavit of Support, you must be at least 18 years old and have a residence (domicile) in the United States (Form I-864 or I-864EZ). This form is necessary for an immigrant visa for a spouse or other relatives of a sponsor in the United States.
Is it necessary for the U.S. Sponsor to maintain domicile in the United States?
You must keep your principal residence in the United States, which is where you intend to live in the future, as a U.S. sponsor/petitioner. With a few exceptions, a U.S. sponsor must reside in the United States in order to file the Affidavit of Support. Review the Affidavit of Support (I-864 or I-864EZ) Instructions for further information.
If you are a U.S. citizen and have a lawful permanent resident (LPR), you must upgrade your petition from family second priority (F2) to immediate related (IR). You can do so by providing the National Visa Center proof of your U.S. citizenship (NVC). You must send:
a photocopy of your passport's biodata page; or
a copy of your naturalization certificate
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