Marriage certificate without fiance's presence

[Uncjournalism 0]

Hello, everyone.

I am sorry if I posted my thread in a wrong place. I found this section more appropriate than others are.

I am an international student currently studying in the US with J1 visa. I have a fiance in my country, whom I am going to marry soon, when I go to my country, God willing. I have all required documents to get the visa, but the only problem is that we can not process the visa unless I have support letter from the organization that finance my study. I can go to my country only for two or three weeks, after which I should come back to the US.

We are planning to register our marriage in my country before I go there. So, I can get my marriage certificate beforehand and submit it to my organization to get the support visa for my wife.

My question is as follows: Does the government, that is the US embassy or the organization which processes the support letter, find this kind of marriage certificate legal or acceptable? Can it accept the certificate, which is issued while one of the parties in the marriage is absent? I can say it is legal in my country, since the sole purpose of the certificate is to register a new family.

Thank you very much for your patience.

Sincerely,

a student.

Edited January 25, 2010 by Uncjournalism

[TheCockyLockies 2]

I'm lost. How could you get a marriage certificate if you have not married yet? That's just bizzare.

[JimVaPhuong 4,863]

What you are talking about is generally referred to as a "proxy marriage" - a marriage that takes place with one or both parties not present. US immigration law generally only recognizes a proxy marriage if it has been consummated (i.e., the parties have met and been physically intimate some time after the wedding took place). Until the proxy marriage has been consummated, US immigration law considers the couple to be engaged but not married.

This means your marriage certificate will not become valid for immigration purposes until you have physically been with your wife.

[JimVaPhuong 4,863]

I'm lost. How could you get a marriage certificate if you have not married yet? That's just bizzare.

There are actually some states in the US that perform proxy marriages. One even allows doubly proxy, which means both parties are absent. The states that do permit it will generally only allow it in cases where the absent spouse is a member of the military or an employee of a military contractor who is deployed in time of war. For immigration purposes, these proxy weddings must still be consummated before they are recognized.

[Deputy Purple 1,294]

Hello, everyone.

I am sorry if I posted my thread in a wrong place. I found this section more appropriate than others are.

I am an international student currently studying in the US with J1 visa. I have a fiance in my country, whom I am going to marry soon, when I go to my country, God willing. I have all required documents to get the visa, but the only problem is that we can not process the visa unless I have support letter from the organization that finance my study. I can go to my country only for two or three weeks, after which I should come back to the US.

Wait a minute... Can a J1 Visa holder get a K1 Visa? I doubt it.

I think what you're thinking about is a J-2 deravitive for Spouse of J-1 Holder.

Since the J-1 & J-2 are non-immigrant visas and VisaJourney is "Your Family Immigration Community" I doubt you'll find much help here.

[Bobby+Umit 161]

(Moved - not related to K-1)

[lucyrich 20]

I think you're talking about a marriage by proxy, but I'm not sure. But in any case, a marriage by proxy is not recognized for immigration purposes until after it has been consummated. And you have the burden of proving that it has been consummated. I'm not sure what kind of proof is acceptable. I've heard of cases where a couple was originally married by proxy and then lived together for several years, and much later filed immigration paperwork, and that was not a problem. But I don't know of any cases where the couple tried to file immigration paperwork quickly after a marriage by proxy. I'm guessing you'd have to show that you had shared a residence after the marriage, or at the very least, shared a hotel room on the honeymoon. Also, note that consummation of a marriage must happen AFTER the marriage is legally recorded -- sex before marriage is not consummation.

INA 101 (a) (35) says: The term "spouse", "wife", or "husband" does not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage shall have been consummated.