Proxy wedding and k-1 form

[hobbitofohio 10]

Natasha and I married in a Texas proxy wedding June 8th, 2010. We have not seen each other since December 2008. US Immigration law does not view us as married. (It will after we are together.) We are married legally for all other parts of the government. So on DS 156 and DS 230, Natalia should list us as married. Is this correct?

Should I make a statement noterized statement that we will not see each other until she arrives in US?

Thank you for your help

[pushbrk 13,167]

Natasha and I married in a Texas proxy wedding June 8th, 2010. We have not seen each other since December 2008. US Immigration law does not view us as married. (It will after we are together.) We are married legally for all other parts of the government. So on DS 156 and DS 230, Natalia should list us as married. Is this correct?

Should I make a statement noterized statement that we will not see each other until she arrives in US?

Thank you for your help

If you file a spouse petition without first seeing each other AFTER the proxy marriage took place, USCIS will deny the petition. You only use DS forms (visa applications) after a petition is approved. Right now, you cannot get a petition approved for a spouse.

For a fiancee, you cannot get a visa in hand if you say you are married. In the context of US immigration, you are NOT married.

If you wish to represent yourselves as married, consummate the marriage and file for a CR1 visa.

Edited August 13, 2010 by pushbrk

[canadian_wife 1,829]

Push, maybe you're the best to answer this

What if they file for a K-1 and THEN visit, and thus consumating the marriage. They would no longer qualify for the K-1 correct?

[hobbitofohio 10]

Push, maybe you're the best to answer this

What if they file for a K-1 and THEN visit, and thus consumating the marriage. They would no longer qualify for the K-1 correct?

That is correct.

I asked because the form ask if we are married. Texas and Ohio say yes, IRS say yes, but immigration says no. So it is confussing how to correctly answer the forms. We do not want to create a problem when we adjust her visa. They will see a June marriage date on Texas marriage license, but later dated immigation papers say we are not married.

[HeatDeath 430]

The K-1 process requires that, at every step of the process, up to and including PoE, the couple must be able to truthfully state "We are legally free to marry, and are therefore, by definition, not legally married." If at any point (I-129, Visa Application, PoE) either member of the couple cannot state "I am legally free to marry", the K-1 becomes unusable.

Any action taken prior to the completion of the PoE that would cause the couple to become legally married (and therefore unable to truthfully state that they are legally free to marry) would cause them to no longer be eligible to use a K-1 visa to enter the US.

I know I was asked at PoE if I was still single. Answering that wrongly would've ruined my whole year! You can become legally married 5 minutes after you PoE on a K-1, but become legally married 5 minutes before you PoE on a K-1 and you've just wasted 6-8 months and hundreds of dollars.

Edited August 13, 2010 by HeatDeath

[pushbrk 13,167]

The K-1 process requires that, at every step of the process, up to and including PoE, the couple must be able to truthfully state "We are legally free to marry, and are therefore, by definition, not legally married." If at any point (I-129, Visa Application, PoE) either member of the couple cannot state "I am legally free to marry", the K-1 becomes unusable.

Any action taken prior to the completion of the PoE that would cause the couple to become legally married (and therefore unable to truthfully state that they are legally free to marry) would cause them to no longer be eligible to use a K-1 visa to enter the US.

I know I was asked at PoE if I was still single. Answering that wrongly would've ruined my whole year! You can become legally married 5 minutes after you PoE on a K-1, but become legally married 5 minutes before you PoE on a K-1 and you've just wasted 6-8 months and hundreds of dollars.

This is correct. They need to consummate the marriage and take the CR1 visa route. Note though that a marriage license is not a marriage certificate. Some states do combine both on the same form, so if this is both a license and marriage certificate, the couple is in a Catch 22. The cannot represent themselves as free to marry but cannot get a spouse petition approved until they see each other again. Any competent research ahead of time would have made this clear.

Push, maybe you're the best to answer this

What if they file for a K-1 and THEN visit, and thus consumating the marriage. They would no longer qualify for the K-1 correct?

Correct but with the additional information, they clearly don't qualify for an approved I-129F or I-130 at this time. Next step is to consummate the marriage, then file the I-130.

[hobbitofohio 10]

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas states:

9 FAM 40.1 N1.3-2 Unconsummated

(CT:VISA-1165; 03-06-2009)

A proxy marriage, that has not been subsequently consummated, does not

create or confer the status of “spouse” for immigration purposes pursuant to

INA 101(a)(35). A party to an unconsummated proxy marriage may be

processed as a nonimmigrant fiancé(e). A proxy marriage celebrated in a

jurisdiction recognizing such marriage is generally considered to be valid,

thus, an actual marriage in the United States is not necessary if such alien is

admitted to the United States under INA provisions other than as a spouse.

(See 9 FAM 41.81 N1.1.) http://www.state.gov/documents/organization/86920.pdf

She is not confered by Immigration the status of spouse. So she is correctly being processed as a nonimmigrant fiancee (K-1). So this means we do not fill in forms listing me husband?

[pushbrk 13,167]

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas states:

9 FAM 40.1 N1.3-2 Unconsummated

(CT:VISA-1165; 03-06-2009)

A proxy marriage, that has not been subsequently consummated, does not

create or confer the status of “spouse” for immigration purposes pursuant to

INA 101(a)(35). A party to an unconsummated proxy marriage may be

processed as a nonimmigrant fiancé(e). A proxy marriage celebrated in a

jurisdiction recognizing such marriage is generally considered to be valid,

thus, an actual marriage in the United States is not necessary if such alien is

admitted to the United States under INA provisions other than as a spouse.

(See 9 FAM 41.81 N1.1.) http://www.state.gov/documents/organization/86920.pdf

She is not confered by Immigration the status of spouse. So she is correctly being processed as a nonimmigrant fiancee (K-1). So this means we do not fill in forms listing me husband?

A K1 beneficiary/applicant or petitioner would not have a spouse.

[marlea 84]

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas states:

9 FAM 40.1 N1.3-2 Unconsummated

(CT:VISA-1165; 03-06-2009)

A proxy marriage, that has not been subsequently consummated, does not

create or confer the status of “spouse” for immigration purposes pursuant to

INA 101(a)(35). A party to an unconsummated proxy marriage may be

processed as a nonimmigrant fiancé(e). A proxy marriage celebrated in a

jurisdiction recognizing such marriage is generally considered to be valid,

thus, an actual marriage in the United States is not necessary if such alien is

admitted to the United States under INA provisions other than as a spouse.

(See 9 FAM 41.81 N1.1.) http://www.state.gov/documents/organization/86920.pdf

She is not confered by Immigration the status of spouse. So she is correctly being processed as a nonimmigrant fiancee (K-1). So this means we do not fill in forms listing me husband?

The way this reads to me, and I could be completely wrong in this, is that through the entire immigration process you are not seen as married, and neither is she. But if, and this is a big IF, your petition was approved and she was granted a visa, then once she arrived in the USA you wouldn't need to get married because as soon as she enters the country and marriage is consummated, it is fully legal.

[hobbitofohio 10]

A K1 beneficiary/applicant or petitioner would not have a spouse.

Thank you

[hobbitofohio 10]

The way this reads to me, and I could be completely wrong in this, is that through the entire immigration process you are not seen as married, and neither is she. But if, and this is a big IF, your petition was approved and she was granted a visa, then once she arrived in the USA you wouldn't need to get married because as soon as she enters the country and marriage is consummated, it is fully legal.

Yes that is how it works. As soon as we are together and consummate the marriage, we are legal married for immigration rules. So I can not see her in person until she has entered the USA. If we do meet before, it voids the k-1 paper work and we start over on the process. Currently we can file joint tax returns, she is legally my wife for my retirement funds, and everything else. It is only immigration that does not see her as my wife. It appears only immigration papers should not list us as married. It will work out. Her interview is September. We checked out the legal stuff ahead a time. We did not check on the correct way to answer this on the forms.

By the way the Moscow Embassy was very nice to her. Last spring she had to visit there. She needed to sign the POA. We had to have the signature notarized at the Moscow Embassy. I hope they are as nice for the interview.

[Neonred 3,664]

Yes that is how it works. As soon as we are together and consummate the marriage, we are legal married for immigration rules. So I can not see her in person until she has entered the USA. If we do meet before, it voids the k-1 paper work and we start over on the process. Currently we can file joint tax returns, she is legally my wife for my retirement funds, and everything else. It is only immigration that does not see her as my wife. It appears only immigration papers should not list us as married. It will work out. Her interview is September. We checked out the legal stuff ahead a time. We did not check on the correct way to answer this on the forms.

By the way the Moscow Embassy was very nice to her. Last spring she had to visit there. She needed to sign the POA. We had to have the signature notarized at the Moscow Embassy. I hope they are as nice for the interview.

Good luck. This is way too complicated and can all go to hell if you run into one officer who does not understand this or who does not see things the same way. Right or wrong, one person could screw things up for you. Sometimes when everything is straight forward there are problems and delays. Hope it all works out.

Edited August 14, 2010 by Neonred

[kennym 275]

Is there a reason why you cant meet in person to minimize the possibilty of complications?

[JimVaPhuong 4,863]

Is there a reason why you cant meet in person to minimize the possibilty of complications?

He's already filed the I-129F petition, it's been approved, and his fiancee has her interview next month. If they meet now then the consulate could presume the marriage has been consummated and deny the visa.

[kennym 275]

ok, interesting...