double proxy marriage

[karren 0]

I hope you could help me VJ to answer all the question i had and i dont even know the right answer of it,I got married though double proxy marriage in Montana with my US CITIZEN fiance while he was in Iraq that time and i was in Korea,he was under deployment and we decided to get married through double proxy,Then He came visit me last MAY this year here in Philippines were is my country is,and we did consumated our marriage,but then after here in Philippines he came back in States and he filed a petition for me which is K1 visa,do u think thats the right visa for me?since were married through proxy but it wasnt recognize by the immigration purposes here in my country,now i am 6 months pregnant and my visa case is already here in the embassy in manila and im goin to set an interview by nextweek,i am confused and i dont wanna lie if they ask me if i am married already and i dont know what should i answer them,?do i have to tell them that were married already through proxy marriage?are they gonna find out that were married?Because he told the USCIS that were married through proxy and the USCIS told them that he have to divorce first befor he could file k1 visa,thats why when the USCIS send him an RFE he said that he just had a mistake tellin them that were married since they want us to get divorce 1st before he could file an K1 visa,now our petition was got approved and im scared if this is the right visa for me,But since my Man file a K1 visa which is the USCIS told him that this is the right one for me,he never attach our marriage certf,Do i have to tell them tht were married or just tell that i never got married and were planning to do our marriage before 90 days of my arrival in States?theres a lot in my mind and i dont wanna get deny in this visa especially im pregnant and were having our baby.pls give me some answer vj friends..thanks and appreciate any answer.

[Inky 1,110]

If you got the K-1 i don't think you can get married in the USA because your already married. Then you cant file AOS based on the K-1. I could be wrong though.

Regardless NEVER lie, it can make things much much much worse.

[TimeTravel 78]

Proxy weddings are not recognized as legally binding in most jurisdictions. A proxy marriage contracted elsewhere may be recognised where proxy marriage within the jurisdiction is not; for example, Israel recognises proxy marriages abroad between Israelis who may not have been permitted to marry in Israel.

Like you mentioned that you both did consummated marriage in your country, Philippines. Have you guys registered your marriage officially there? Like do you guys have marriage certificate? If it is the case, like you guys have marriage certificate, then he must have to file CR1 Petition for you.

K1 is only fiancé visa. Don't lie to CO. In case if lie is caught, then there can be ban on your passport.

[TeapotGirl 66]

I do not understand what you man by double proxy marriage. You first married him but you are not physically together? But it sounds to me you are already married here in PI. When you get your CENOMAR which is a requirement to prove that you are still single, then it will show that you are tied up.

Since it's the same guy, then he should have filed CR-1 not K-1. K-1 requires you to be single before getting in the US. That's even better because less paper work when you arrive in the US.

Edited November 14, 2011 by teapotgurl1983

[TeapotGirl 66]

I did some research from WIKIPEDIA

Legality

United States

In the United States proxy marriages are provided for in law or by customary practice in California, Colorado, Montana, and Texas,[4].[5][6]

Proxy marriages are illegal in all US states except Arkansas, California, Colorado, Kansas, Missouri, Texas, and Montana. In California it was legalized in 2004 for members of Armed Forces currently deployed and unable to attend a service. Montana is the only state that allows double-proxy marriage.[7] Not all states fully recognize proxy marriages, but legal precedent dictates that states recognize proxy marriage as at least a common-law marriage.

During the early 1900s US proxy marriages increased significantly when many Japanese picture brides arrived at Angel Island, California. Since the early 20th century it has been most commonly used in the USA for marriages where one partner is a member of the military on active duty.

Check also if your destination in the US will recognize double proxy marriage.

Edited November 14, 2011 by teapotgurl1983

[karren 0]

I hope you could help me VJ to answer all the question i had and i dont even know the right answer of it,I got married though double proxy marriage in Montana with my US CITIZEN fiance while he was in Iraq that time and i was in Korea,he was under deployment and we decided to get married through double proxy,Then He came visit me last MAY this year here in Philippines were is my country is,and we did consumated our marriage,but then after here in Philippines he came back in States and he filed a petition for me which is K1 visa,do u think thats the right visa for me?since were married through proxy but it wasnt recognize by the immigration purposes here in my country,now i am 6 months pregnant and my visa case is already here in the embassy in manila and im goin to set an interview by nextweek,i am confused and i dont wanna lie if they ask me if i am married already and i dont know what should i answer them,?do i have to tell them that were married already through proxy marriage?are they gonna find out that were married?Because he told the USCIS that were married through proxy and the USCIS told them that he have to divorce first befor he could file k1 visa,thats why when the USCIS send him an RFE he said that he just had a mistake tellin them that were married since they want us to get divorce 1st before he could file an K1 visa,now our petition was got approved and im scared if this is the right visa for me,But since my Man file a K1 visa which is the USCIS told him that this is the right one for me,he never attach our marriage certf,Do i have to tell them tht were married or just tell that i never got married and were planning to do our marriage before 90 days of my arrival in States?theres a lot in my mind and i dont wanna get deny in this visa especially im pregnant and were having our baby.pls give me some answer vj friends..thanks and appreciate any answer.

[Farsider 7]

You both need to make sure you are 100% honest going forward now. The Immigration folks have seen it all, so just explain about your "double proxy" marriage and that you got confused about which visa petition to file (K-1 vs. CR1, etc...) and they will tell you what you need to do.

[Deputy Purple 1,294]

USCIS doesn't recognize unconsummated proxy marriages for immigration purposes. Since your marriage has been consummated USCIS will recognize it as a legal marriage.

Don't waste the money paying for the Visa Interview. If you are honest with them then you will be denied. If you lie to them then you will have committed the second worst infraction in Immigration, Material Misrepresentation (which basically means you lied about something that had you told the truth would have influenced the decision in your case). The punishment for Material Misrepresentation is a Lifetime entry ban.

You need to stop the K-1 process and begin the CR-1 process.

Your USC Husband needs to file an I-130 petition for you ASAP to get the process started.

[NigeriaorBust 4,087]

You have a marriage licience that will show up in many data bases. You are legally married in every state except Iowa. You can't get married when you get here because you are already married. If you come on a K1 and your Montana marriage comes up at any time later you can have all your immigration privileges revoke , including citizenship. Immigration rules only recognise proxy marriages if they have been consumated. You state that you have done that. So it is recognised for immigration. You have also posted this on a site that is frequently moniitored by immigration so they could find your post and find you. Lying would be a very bad idea.

[beejay 123]

USCIS doesn't recognize unconsummated proxy marriages for immigration purposes. Since your marriage has been consummated USCIS will recognize it as a legal marriage.

Don't waste the money paying for the Visa Interview. If you are honest with them then you will be denied. If you lie to them then you will have committed the second worst infraction in Immigration, Material Misrepresentation (which basically means you lied about something that had you told the truth would have influenced the decision in your case). The punishment for Material Misrepresentation is a Lifetime entry ban.

You need to stop the K-1 process and begin the CR-1 process.

Your USC Husband needs to file an I-130 petition for you ASAP to get the process started.

Bob4Anna- I agree with your advice but do you think there will be any problems because the USC husband has already stated to USCIS (not sure in what form but it sounds like in response to an RFE) that they weren't married? Do you see it as something that could cause problems when filing the CR-1?

OP - Could you elaborate on that part of your post? Do you know what the RFE was specifically asking for? What did your husband send in response?

[VanessaTony 3,567]

You have a marriage licience that will show up in many data bases. You are legally married in every state except Iowa.

Ahh no. Here: http://www.proxymarriages.net/faqs/ According to this site ALL states recognise a proxy marriage. BUT according to here: http://en.wikipedia.org/wiki/Proxy_marriage#Legality some only recognise it as a common-law relationship. Only Montana conducts double-proxy marriages however.

A proxy marriage is when ONE person isn't physically present and a "proxy" stands in for them. A double-proxy means neither she, nor her husband were there in person (this apparently is only available to Military personnel).

OP - This link here: http://answers.yahoo.com/question/index?qid=20101020223602AAJLW3x an immigration attorney commented and he said once consummated you must file an I-130. You'll need to cancel the K1 and start the CR-1. If asked I would tell them as it was a proxy marriage you weren't sure and were told it required a K1 and then you came here and found out differently. No biggie.

[TeapotGirl 66]

,Then He came visit me last MAY this year here in Philippines were is my country is,and we did consumated our marriage,..

I do not think that the proxy marriage got any bearing with the immigration process since the OP married the guy in the Philippines. It's just a wrong visa. Bob4anna is right. They should stop the process and start all over.

Edited November 14, 2011 by teapotgurl1983

[VanessaTony 3,567]

I do not think that the proxy marriage have any bearing since the OP married the guy in the Philippines. It's just a wrong visa.

She didn't marry him in the Philippines, she "consummated the relationship" in the Philippines... which means they had sex. Consummation is required to legalise the marriage.

[JimVaPhuong 4,863]

Bob4Anna- I agree with your advice but do you think there will be any problems because the USC husband has already stated to USCIS (not sure in what form but it sounds like in response to an RFE) that they weren't married? Do you see it as something that could cause problems when filing the CR-1?

OP - Could you elaborate on that part of your post? Do you know what the RFE was specifically asking for? What did your husband send in response?

Agreed. Normally, I'd say the best advice would be to cancel the interview, withdraw the petition, and file an I-130. However, whether that would be accepted without question by USCIS would depend on how he responded to the RFE. If he insisted that they weren't married and they find out he traveled to the Philippines after the proxy marriage then his goose is cooked. There's no way they'd believe that the marriage wasn't consummated, which means he lied in response to the RFE.

Under no circumstances should she proceed with the K1 visa. The only way she could derive any immigration benefit from the I-129F petition would be to continue spinning a string of lies, starting at the consulate interview, and again when they apply for a new marriage license, and again when they apply for adjustment of status, and so on. The whole facade could come crashing down whenever USCIS figures out what really happened.

[beejay 123]

I do not think that the proxy marriage got any bearing with the immigration process since the OP married the guy in the Philippines. It's just a wrong visa. Bob4anna is right. They should stop the process and start all over.

The OP was legally married in Montana by 'double proxy'. She was physically in Korea and he was physically in Iraq. They 'consumated' the marriage in PH, which for immigration purposes means they were physically in the same place at some point after the marriage by proxy took place. From the OPs post they were not married in Philippines.