Proxy Marriage

[USDZ 0]

Hello. If my spouse and I married by proxy would we need to go the K1 or K3 route? I believe, although we have a marriage license, that we are considered as "engaged" by the U.S. immigration unless the marriage was consumated after the date on the license. And I have not seen my husband after this time.

[mox 298]

Hello. If my spouse and I married by proxy would we need to go the K1 or K3 route? I believe, although we have a marriage license, that we are considered as "engaged" by the U.S. immigration unless the marriage was consumated after the date on the license. And I have not seen my husband after this time.

You would need to go the K-3 route. The US doesn't care if a marriage is consumated or not, they just care that there is a license. If you have a marriage license you cannot go the K-1 route.

[Dan J 277]

Hello. If my spouse and I married by proxy would we need to go the K1 or K3 route? I believe, although we have a marriage license, that we are considered as "engaged" by the U.S. immigration unless the marriage was consumated after the date on the license. And I have not seen my husband after this time.

Any marriage would send you down the K-3 or CR-1 route. But I don't think a proxy marriage is enough to meet the requirements of a marriage visa. Well the marriage itself may, but you may have to meet each other in person afterwards at a minimum.

Edited January 11, 2008 by Dan + Gemvita

[pushbrk 13,116]

Hello. If my spouse and I married by proxy would we need to go the K1 or K3 route? I believe, although we have a marriage license, that we are considered as "engaged" by the U.S. immigration unless the marriage was consumated after the date on the license. And I have not seen my husband after this time.

http://www.hooyou.com/marriage/unacceptable.html

5. Proxy marriage

A proxy marriage is a marriage where the parties were not physically present in the presence of each other. A proxy marriage is generally not accepted under immigration laws unless it is subsequently consummated. However, a party of an unconsummated proxy marriage may enjoy immigration benefits as a fiancé, such as applying for a K-1 visa, if the opposite party is a U.S. citizen,.

[JJWashington 0]

seems odd

[Sylvia_n_Joseph 3]

To go K1 they need to have been physically together in the last 2 years right ?

[Krikit 1,165]

To go K1 they need to have been physically together in the last 2 years right ?

[diadromous mermaid 36]

To go K1 they need to have been physically together in the last 2 years right ?

except .....

"if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K-1 beneficiary's foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day." INA § 214.2(k)(2).

[Krikit 1,165]

except .....

"if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K-1 beneficiary's foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day." INA § 214.2(k)(2).

Just curious.... have you ever seen or heard of a K-1 visa being granted under these circumstances?

[diadromous mermaid 36]

except .....

"if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K-1 beneficiary's foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day." INA § 214.2(k)(2).

Just curious.... have you ever seen or heard of a K-1 visa being granted under these circumstances?

They do exist and there are exceptions to the 2 year meeting requirement that are made sometimes for individuals that under active military orders or deployed to locations where civil unrest could place either party in jeopardy. You can find citations for some older cases in the AAU.

[Krikit 1,165]

They do exist and there are exceptions to the 2 year meeting requirement that are made sometimes for individuals that under active military orders or deployed to locations where civil unrest could place either party in jeopardy. You can find citations for some older cases in the AAU.

Thanks.

[pushbrk 13,116]

They do exist and there are exceptions to the 2 year meeting requirement that are made sometimes for individuals that under active military orders or deployed to locations where civil unrest could place either party in jeopardy. You can find citations for some older cases in the AAU.

Thanks.

I recall one being reported here in the past few months.

[mox 298]

Hello. If my spouse and I married by proxy would we need to go the K1 or K3 route? I believe, although we have a marriage license, that we are considered as "engaged" by the U.S. immigration unless the marriage was consumated after the date on the license. And I have not seen my husband after this time.

http://www.hooyou.com/marriage/unacceptable.html

5. Proxy marriage

A proxy marriage is a marriage where the parties were not physically present in the presence of each other. A proxy marriage is generally not accepted under immigration laws unless it is subsequently consummated. However, a party of an unconsummated proxy marriage may enjoy immigration benefits as a fiancé, such as applying for a K-1 visa, if the opposite party is a U.S. citizen,.

Huh. I've never heard of this. I'm really surprised. Apologies to the OP for the bad advice.

[USDZ 0]

Thank you all for your informative replies.

[sarahaziz 0]

very unsafe route to go I say go meet the fiance/wife/husband Face to face and then file and wait the horrible long times we are all suffering