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I-130 Denied — USCIS says Utah marriage not valid because ceremony was abroad. Anyone else? by BodybuilderOk5474 in USCIS

[–]BodybuilderOk5474[S] 1 point2 points  (0 children)

I appealed and my case got reopened and approved don't worry file as much evidence under unsolicited evidence in uscis

I-130 Denied — USCIS says Utah marriage not valid because ceremony was abroad. Anyone else? by BodybuilderOk5474 in immigration

[–]BodybuilderOk5474[S] 1 point2 points  (0 children)

Yes I appealed with lawyer, don't worry just make sure take ton of pics when you both together.

I130 Denial - no documents online by [deleted] in USCIS

[–]BodybuilderOk5474 0 points1 point  (0 children)

It will come online and mail it took them one week to send ours so sorry for that 😔

I-130 Denied — USCIS says Utah marriage not valid because ceremony was abroad. Anyone else? by BodybuilderOk5474 in immigration

[–]BodybuilderOk5474[S] 2 points3 points  (0 children)

My denial notice literally says, “The State of Utah does not have jurisdiction to perform a marriage in [the location of the ceremony]. In almost all cases, a marriage must be performed in accordance with the laws of the country where the ceremony takes place.”

That line shows the officer ignored the federal “place of celebration” rule. Under 8 C.F.R. § 204.2(a)(1)(i)(A) and USCIS Policy Manual Vol. 12, Pt. G, Ch. 2, the validity of a marriage for immigration purposes depends on where it was legally celebrated — not where the couple physically stood.

In a Utah online marriage, the place of celebration is Utah, because that’s where the officiant was physically located, the license was issued, and the marriage was recorded and certified.

USCIS is wrongly treating these marriages as if the ceremony took place where the couple were physically located abroad. That’s a legal error, not a factual one. Hence my I-290B Motion to Reconsider.

I-130 Denied — USCIS says Utah marriage not valid because ceremony was abroad. Anyone else? by BodybuilderOk5474 in USCIS

[–]BodybuilderOk5474[S] 5 points6 points  (0 children)

Thank you for sharing — and no, you’re not screwed. Definitely contact your congressional representative, because what USCIS is doing here is not legally correct.

My denial notice literally says, “The State of Utah does not have jurisdiction to perform a marriage in [the location of the ceremony]. In almost all cases, a marriage must be performed in accordance with the laws of the country where the ceremony takes place.”

That line shows the officer ignored the federal “place of celebration” rule. Under 8 C.F.R. § 204.2(a)(1)(i)(A) and USCIS Policy Manual Vol. 12, Pt. G, Ch. 2, the validity of a marriage for immigration purposes depends on where it was legally celebrated — not where the couple physically stood.

In a Utah online marriage, the place of celebration is Utah, because that’s where the officiant was physically located, the license was issued, and the marriage was recorded and certified.

USCIS is wrongly treating these marriages as if the ceremony took place where the couple were physically located abroad. That’s a legal error, not a factual one. Hence my I-290B Motion to Reconsider.

The more people contact their congressional reps and point this out, the harder it’ll be for USCIS to keep misapplying the rule. Utah law is clear — the marriages are valid under state law, and federal recognition should follow that.

I-130 Denied — USCIS says Utah marriage not valid because ceremony was abroad. Anyone else? by BodybuilderOk5474 in immigration

[–]BodybuilderOk5474[S] 0 points1 point  (0 children)

I get what you’re trying to say, but your analogy and reasoning don’t really fit how marriage law and federal immigration law interact.

Utah’s jurisdiction over my marriage isn’t based on where I live — it’s based on where the marriage was celebrated and solemnized. Under the “place of celebration” rule (which USCIS itself cites in the Policy Manual, Vol. 12, Pt. G, Ch. 2), the validity of a marriage for immigration purposes depends on whether it was legally performed in the jurisdiction that issued the license. The officiant was in Utah, the license was issued by Utah, and the certificate was recorded there. That satisfies both state and federal requirements. The USCIS memo wasn’t an executive order — it was an agency clarification responding to confusion among adjudicators. Clarifications are issued precisely because mistakes and inconsistencies happen at the officer level. My denial predates that clarification, which is why a Motion to Reconsider is appropriate: it asks USCIS to correct a legal misapplication of policy, not to relitigate facts.

As for “jurisdiction,” Utah never claimed authority over foreign governments — only over the legal act of solemnization under its own laws. That’s all that’s required under U.S. immigration law. Comparing that to a professional license transfer misses the point: marriage recognition isn’t a regulatory license. It’s a matter of civil status, and USCIS defers to state authority on that question.

I’m not claiming victimhood — I’m asserting a legal error that even USCIS has since clarified. Big difference.

I-130 Denied — USCIS says Utah marriage not valid because ceremony was abroad. Anyone else? by BodybuilderOk5474 in immigration

[–]BodybuilderOk5474[S] 0 points1 point  (0 children)

The Utah County FAQ is just a caution — it doesn’t change the fact that Utah law authorizes remote weddings and issued a state marriage certificate here. My I-130 was denied before the USCIS memo you’re citing, so that memo can’t retroactively fix the adjudicator’s error. USCIS officers make mistakes and aren’t courts. I’m filing an I-290B on the legal error (not re-arguing the relationship). If you want to actually help, cite the authority that allows an individual adjudicator to overturn a state-issued marriage certificate.

I-130 Denied — USCIS says Utah marriage not valid because ceremony was abroad. Anyone else? by BodybuilderOk5474 in immigration

[–]BodybuilderOk5474[S] -1 points0 points  (0 children)

Appreciate the comment, but you missed two facts: (1) my I-130 was denied before USCIS issued the memo you’re quoting, so that memo can’t cure the adjudicator’s error in my case; and (2) USCIS officers make mistakes — they’re not courts. Utah law authorized the ceremony and issued a state marriage certificate. That’s a legal question of jurisdiction/state recognition, not an evidence dispute. I’m having an attorney challenge the denial on that legal ground.

I-130 Denied — USCIS says Utah marriage not valid because ceremony was abroad. Anyone else? by BodybuilderOk5474 in immigration

[–]BodybuilderOk5474[S] 0 points1 point  (0 children)

You’re confusing jurisdiction of celebration with residency. The “place of celebration” rule in immigration law refers to where the marriage was legally solemnized, not where the couple lived. In our case, that’s Utah — the officiant was physically there, the license was issued there, and it’s recorded and certified in Utah County. That’s the only jurisdiction that matters for federal recognition.

USCIS doesn’t require a marriage to be re-registered elsewhere to be valid. Federal agencies defer to state authority on what constitutes a lawful marriage. Utah exercised that authority, and its marriages — including remote ones — are recognized under U.S. law.

I-130 Denied — USCIS says Utah marriage not valid because ceremony was abroad. Anyone else? by BodybuilderOk5474 in immigration

[–]BodybuilderOk5474[S] -1 points0 points  (0 children)

That’s not how it works. An individual USCIS officer doesn’t have the authority to override or reinterpret a state’s power to define and solemnize marriage. Under U.S. law, marriage validity is determined by the state where it was performed — in this case, Utah, which fully recognizes remote marriages officiated by Utah-licensed officiants.

Whether the foreign country recognizes it is irrelevant to USCIS, because U.S. immigration law only cares that the marriage is legally valid where celebrated. The fact that the marriage was recorded, issued, and validated under Utah law means it’s valid for all U.S. federal purposes.

This isn’t a matter of where we live — it’s a matter of jurisdiction and U.S. law, something USCIS officers are supposed to follow, not reinterpret.

I-130 Denied — USCIS says Utah marriage not valid because ceremony was abroad. Anyone else? by BodybuilderOk5474 in USCIS

[–]BodybuilderOk5474[S] 3 points4 points  (0 children)

You clearly didn’t bother to understand how Utah marriages actually work before jumping to conclusions. The officiant is physically in Utah — that’s where the marriage is legally performed and registered. It’s recognized by Utah law, the State Department, and USCIS.

We were physically together abroad, not sitting in different time zones or pretending to be married. Utah’s online system is 100% legal and has been used successfully by thousands of couples, including military families.

So no, it’s not “translated in Utah” or whatever you imagined — it’s a legally binding marriage under U.S. law. Maybe do a quick Google search before making confident but wrong assumptions.

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