For Vietnamese LGBT couples dreaming of building a life together in the United States, navigating the U.S. immigration process can feel overwhelming. Many couples believe the K1 fiancé visa is their only option, especially if they think their marriage won’t be recognized. However, online marriage services in Utah offer a legal pathway to marry in the U.S., opening the door to the CR1 spousal visa as a viable alternative. At Truong Law Firm, PLLC, we’re here to guide you through both options, clarify misconceptions about Utah online marriages, and help you choose the best path for your journey.

Understanding Utah Online Marriage

Utah’s online marriage service allows couples, including LGBT couples, to legally marry under U.S. law without being physically present in the United States. This marriage is conducted virtually through platforms like Zoom, officiated by a Utah county clerk, and results in a marriage certificate recognized across the United States.

Important Note: While a Utah online marriage is legally valid in the U.S. for immigration purposes, it is not automatically recognized in Vietnam. This means you cannot register the marriage with Vietnamese authorities, but it is sufficient for applying for a CR1 spousal visa to immigrate to the U.S. Many couples are unaware of this option and assume they must pursue a K1 fiancé visa. Let’s compare the two visas to help you make an informed decision.

K1 Fiancé Visa

The K1 visa is for couples who are not yet married and plan to marry in the U.S. within 90 days of the Vietnamese partner’s arrival.

• Eligibility:
  • You must be engaged to a U.S. citizen (green card holders cannot sponsor K1 visas).
  • Both partners must be legally free to marry (e.g., no existing marriages).
  • You must have met in person at least once within the last two years (waivers are possible in rare cases).
  • The relationship must be genuine, with evidence like photos, communication logs, and travel records.
• Process:

1. 1. The U.S. citizen files Form I-129F with USCIS.
   2. Once approved, the Vietnamese partner applies for the K1 visa at the U.S. Consulate in Ho Chi Minh City, including an interview.
   3. After entering the U.S., the couple must marry within 90 days.
   4. The Vietnamese partner then files Form I-485 to adjust status to a permanent resident (green card holder).

• Timeline: Approximately 6–9 months for the K1 visa, plus additional time (6–12 months) for adjustment of status to obtain a green card. Total: 1–2 years.
• Cost:
  • I-129F filing fee: $675
  • Visa application fee: $265.
  • Adjustment of status (I-485): $1,440.
  • Additional costs (medical exams, translations, travel): ~$500–$1,000.
  • Total: ~$2,880–$3,380.
• Pros:
  • Faster initial entry to the U.S. (6–9 months).
  • Ideal if you want to marry in the U.S. with family and friends.
  • Allows the Vietnamese partner to enter the U.S. sooner to start the marriage process.
• Cons:
  • Higher total cost due to the adjustment of status step.
  • Higher denial rate (~25% for K1 vs. 8–9% for CR1) due to stricter scrutiny of non-married relationships.
  • Cannot work immediately upon U.S. entry; must wait for work authorization after filing for adjustment of status.
  • If the marriage does not occur within 90 days, the Vietnamese partner must leave the U.S.

CR1 Spousal Visa

The CR1 visa is for couples who are already legally married, including through Utah’s online marriage service, and allows the Vietnamese spouse to enter the U.S. as a conditional permanent resident.

• Eligibility:
  • You must be legally married to a U.S. citizen or permanent resident.
  • The marriage must be valid under U.S. law (e.g., a Utah online marriage).
  • The U.S. sponsor must meet income requirements (125% of the Federal Poverty Guidelines) or have a co-sponsor.
  • The relationship must be genuine, with evidence like a marriage certificate, joint photos, and communication records.
• Process:

1. 1. The U.S. citizen or permanent resident files Form I-130 with USCIS.
   2. Once approved, the Vietnamese spouse applies for the CR1 visa at the U.S. Consulate in Ho Chi Minh City, including Form DS-260, medical exams, and an interview.
   3. Upon approval, the Vietnamese spouse enters the U.S. with a green card (conditional for marriages under 2 years).
   4. If married less than 2 years, the CR1 green card is valid for 2 years, requiring Form I-751 to remove conditions later.

• Timeline: Approximately 1.5–2 years for the entire process, including green card issuance upon entry.
• Cost:
  • I-130 filing fee: $675
  • Visa application fee: $445
  • Green Card fee: $235
  • Additional costs (medical exams, translations, affidavit of support): ~$500–$800.
  • Total: ~$1,855–$2,155
• Pros:
  • Lower overall cost compared to K1 (no adjustment of status fee).
  • Higher approval rate (~8–9% denial rate).
  • Immediate green card upon U.S. entry, allowing work and travel without additional applications.
  • No 90-day marriage deadline; the couple is already married.
• Cons:
  • Longer processing time for initial U.S. entry (1.5–2 years).
  • Requires a legal marriage before applying, which may involve planning for an online Utah marriage.

Why Choose a Utah Online Marriage for CR1?

Many Vietnamese LGBT couples are unaware that a Utah online marriage is a valid option for a CR1 visa. This service allows you to marry legally under U.S. law without traveling to the U.S., making the CR1 visa accessible. Here’s why it’s a great option:

• Accessibility: You can marry from Vietnam via a virtual ceremony, requiring only a stable internet connection and valid identification.
• LGBT-Friendly: Utah’s marriage laws fully recognize same-sex marriages, ensuring equality for LGBT couples.
• Cost-Effective: Online marriage is affordable (typically $100–$300 for the ceremony

and license), and the CR1 visa process is generally cheaper than K1.

• Simpler Immigration Path: The CR1 visa offers immediate permanent residency upon entry, avoiding the extra step and cost of adjusting status required with K1.

Note: While the marriage is not recognized in Vietnam, it is valid for U.S. immigration purposes, which is sufficient for the CR1 visa application. You may need to provide certified translations of documents and proof of a genuine relationship during the visa interview.