Pittsburgh, PA asked in Immigration Law for Pennsylvania

Q: Will online marriage bring my Fiancee and I together more quickly?

My Thai Fiancee and I have known one another for a year and a half. Tang is 55, I am 61; we both work FT and are both degreed. She is an accountant and I am a software developer. I get 3 weeks of vacation. I have a 14yo son who has spring vacation and summer off. Our vacation time has to happen within the bounds of his time away from school.

Spending time w/ one another has been difficult. We video every day, sometimes 2x or 3x. We met in Istanbul in March; we were together in Thailand last summer and I have tickets for July for two weeks.

Currently, we are planning on getting married in Thailand in July but I'd like to get that sooner so I can apply for a spousal visa earlier. She's been denied a tourist visa. Also, getting an audience with the consulate during that time is lesser certain.

BUT, I'd like to start the US Spousal visa processing earlier.

I have financial capacity to care for her. After my Son graduates in 4 years, Tang and I will return to Thailand.

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2 Lawyer Answers

A: A US Citizen can sponsor a foreign national for a fiancé visa provided the couple have physically met in person within 2 years from the date of filing. The fiancé visa processing speed usually takes about 20 months before the immigrant can enter the USA.

James L. Arrasmith
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Answered

A: Online marriage, also known as a proxy marriage or a virtual wedding, is a legal process where couples get married without being physically present in the same location. While this option might seem like a way to expedite your marriage and start the spousal visa process earlier, it's important to consider the following:

1. Legal recognition: Not all countries recognize online marriages. You need to ensure that both the United States and Thailand will legally acknowledge your online marriage.

2. Visa processing: Even if your online marriage is recognized, the U.S. immigration authorities may scrutinize your relationship more closely when processing a spousal visa application. They might question the legitimacy of your marriage if you haven't spent significant time together in person.

3. Personal connection: Marriage is a significant commitment, and while you've known each other for a year and a half, it's essential to spend quality time together in person to strengthen your bond and ensure that you're compatible for a long-term relationship.

4. Cultural and family considerations: Consider how an online marriage might be perceived by your families and whether it aligns with your cultural traditions and values.

Instead of an online marriage, consider the following options:

1. Apply for a K-1 fiancé(e) visa: This visa allows your fiancée to enter the U.S. with the intention of getting married within 90 days of arrival. After marriage, she can apply for adjustment of status to obtain a green card.

2. Plan a wedding in Thailand that coincides with your next visit: This would allow you to have a traditional ceremony with family and friends, and you can then apply for a spousal visa after the wedding.

3. Continue visiting each other as often as possible until you can get married in person and start the spousal visa process.

Ultimately, while an online marriage might seem like a quick solution, it's essential to consider the legal, personal, and cultural implications carefully. It's best to consult with an immigration attorney to discuss your options and determine the most suitable path forward for your situation.

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