k-1 for proxy wedding not consummated

[hobbitofohio 10]

The K-1 forms and information on the site do not cover the unconsummated proxy wedding. I suggest the following information be added.

=================================================

The cover letter for the I-129f should add the following:

I have entered into a proxy marriage which has not yet been consummated. For this reason, pursuant to USCIS requirements, I am applying for a K-1 visa, and not a K-3 visa. Thank you for your attention to this item.

====================================================================

Used in place of Statement of intent to marry with the K-1.

Statement of My Intent to Consummate Proxy Marriage

I, _______________________________________________, hereby affirm my intent to consummate my proxy marriage to _______________________________________________, my spouse, solemnized on_____________________.

I intend to consummate our marriage within 90 days of the admission, to the United States of America, of myself/my spouse, specifically named here: _______________________________________________.

My Address is:

My Telephone Number is:

Signed this _______ day of ______________________, 20_________

X____________________________________________________

==================================================================================

Cover note for Embassy forms and support documents

Note Regarding Proxy Marriage

PLEASE NOTE:

I, the applicant, have entered into a proxy marriage which has not yet been consummated. For this reason, pursuant to USCIS requirements, I am applying for a K-1 visa, and not a K-3 visa.

Thank you for your attention to this item.

Sincerely,

X_______________________________________

[hobbitofohio 10]

I forgot to add this DS156k

Form-DS-156K sample for proxy wedding k1.pdf

The K-1 forms and information on the site do not cover the unconsummated proxy wedding. I suggest the following information be added.

=================================================

The cover letter for the I-129f should add the following:

I have entered into a proxy marriage which has not yet been consummated. For this reason, pursuant to USCIS requirements, I am applying for a K-1 visa, and not a K-3 visa. Thank you for your attention to this item.

====================================================================

Used in place of Statement of intent to marry with the K-1.

Statement of My Intent to Consummate Proxy Marriage

I, _______________________________________________, hereby affirm my intent to consummate my proxy marriage to _______________________________________________, my spouse, solemnized on_____________________.

I intend to consummate our marriage within 90 days of the admission, to the United States of America, of myself/my spouse, specifically named here: _______________________________________________.

My Address is:

My Telephone Number is:

Signed this _______ day of ______________________, 20_________

X____________________________________________________

==================================================================================

Cover note for Embassy forms and support documents

Note Regarding Proxy Marriage

PLEASE NOTE:

I, the applicant, have entered into a proxy marriage which has not yet been consummated. For this reason, pursuant to USCIS requirements, I am applying for a K-1 visa, and not a K-3 visa.

Thank you for your attention to this item.

Sincerely,

X_______________________________________

[Fandango 1,439]

Ummm....anyone wanna take this one?

[SMOKE 1,426]

Ummm....anyone wanna take this one?

i ain't agreeing to hit it w/o a pic.

[NigeriaorBust 4,087]

Provide stronger references to the places where the rules forbid applying for a CR1 or K3 if the marriage is unconsummated. This is a tough sell and you need to show you know what you are referring to. Include those rules in the package if you can

[Rebecca Jo 1,962]

Provide stronger references to the places where the rules forbid applying for a CR1 or K3 if the marriage is unconsummated. This is a tough sell and you need to show you know what you are referring to. Include those rules in the package if you can

Well, pushbrk has stated in the forums that a proxy marriage won't fly for a spousal visa.

But he doesn't give sources for his information.

[hobbitofohio 10]

Provide stronger references to the places where the rules forbid applying for a CR1 or K3 if the marriage is unconsummated. This is a tough sell and you need to show you know what you are referring to. Include those rules in the package if you can

Here is a start on what you ask...

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

9 FAM 40.1 N1.3 Proxy Marriage

9 FAM 40.1 N1.3-1 Consummated

(CT:VISA-1000; 09-03-2008)

For the purpose of issuing an immigrant visa (IV) to a spouse, a proxy

marriage that has been subsequently consummated is deemed to have been

valid as of the date of the proxy ceremony. Proxy marriages consummated

prior to the proxy ceremony cannot serves as a basis for the valid marriage

for immigration purposes.

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

9 FAM 41.31 N14.2 Proxy Marriage

(CT:VISA-701; 02-15-2005)

A spouse married by proxy to an alien in the United States in a

nonimmigrant status may be issued a visitor visa in order to join the spouse

already in the United States. Upon arrival in the United States, the joining

spouse must apply to the DHS for permission to change to the appropriate

derivative nonimmigrant status after consummation of the marriage.

http://www.state.gov/documents/organization/87206.pdf

If the proxy marriage (unconsummated) does not confered by Immigration the status of spouse, then you can not apply for a K-2/CR-1. The immigrating spouse need be processed as a nonimmigrant fiancee (K-1). The couple are legally married at the time of the proxy wedding. They need to comsummate the marriage within 90 days after POE. If marriage is consummated before POE, cr1/k-3 is used because status of spouse is confered.

Edited August 21, 2010 by hobbitofohio

[NigeriaorBust 4,087]

Yes Include these in the petition so that the clerk that knows nothing doesn't have to leave their doughnut to look anything up.

Here is a start on what you ask...

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

9 FAM 40.1 N1.3 Proxy Marriage

9 FAM 40.1 N1.3-1 Consummated

(CT:VISA-1000; 09-03-2008)

For the purpose of issuing an immigrant visa (IV) to a “spouse”, a proxy

marriage that has been subsequently consummated is deemed to have been

valid as of the date of the proxy ceremony. Proxy marriages consummated

prior to the proxy ceremony cannot serves as a basis for the valid marriage

for immigration purposes.

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

9 FAM 41.31 N14.2 Proxy Marriage

(CT:VISA-701; 02-15-2005)

A spouse married by proxy to an alien in the United States in a

nonimmigrant status may be issued a visitor visa in order to join the spouse

already in the United States. Upon arrival in the United States, the joining

spouse must apply to the DHS for permission to change to the appropriate

derivative nonimmigrant status after consummation of the marriage.

http://www.state.gov/documents/organization/87206.pdf

If the proxy marriage (unconsummated) does not confered by Immigration the status of spouse, then you can not apply for a K-2/CR-1. The immigrating spouse need be processed as a nonimmigrant fiancee (K-1). The couple are legally married at the time of the proxy wedding. They need to comsummate the marriage within 90 days after POE. If marriage is consummated before POE, cr1/k-3 is used because status of spouse is confered.

[hobbitofohio 10]

You will also need to bring the details to the adjustment of status interview. Save every paper from the wedding and bring to the interview. The Columbus Oh office did not believe a Texas wedding was even legal if done as a proxy. They also needed to be given a copy of the U.S. Department of State Foreign Affairs Manual Volume 9 information of the proxy weddings with link to offical government website.

[NigeriaorBust 4,087]

did you meet in the last 2 years ? Is proxy weddubg good in both locations

[hobbitofohio 10]

We had two meetings before the wedding. She came to the USA within two years of the second meeting. We did not meet agian until her arrival in the USA. So the wedding was not consummated until she was in the USA.

Yes the Texas proxy wedding is valid in the USA and is accepted by the Russian Federation.

She came on the K1 visa.

[Kathryn41 3,205]

Thread has been moved from Site Discussion to the K-1 forum as a more appropriate location for this discussion. As this is such a rare circumstance, it really isn't a good candidate for a 'pinned' thread which is usually done for information of broad general interest We'll see about adding it to an updated list of useful information for K-1 visas - thanks.

Edited June 28, 2011 by Kathryn41

[hobbitofohio 10]

Update: I checked the current state department manual pdf. The links and the passages listed above are still current. I refer to:

9 FAM 40.1 N1.3-1 Consummated
(CT:VISA-1000; 09-03-2008)
For the purpose of issuing an immigrant visa (IV) to a “spouse”, a proxy
marriage that has been subsequently consummated is deemed to have been
valid as of the date of the proxy ceremony. Proxy marriages consummated
prior to the proxy ceremony cannot serves as a basis for the valid marriage
for immigration purposes.
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...ation/86920.pdf

9 FAM 41.31 N14.2 Proxy Marriage
(CT:VISA-701; 02-15-2005)
A spouse married by proxy to an alien in the United States in a
nonimmigrant status may be issued a visitor visa in order to join the spouse
already in the United States. Upon arrival in the United States, the joining
spouse must apply to the DHS for permission to change to the appropriate
derivative nonimmigrant status after consummation of the marriage.

http://www.state.gov...ation/87206.pdf

Edited December 16, 2013 by hobbitofohio

[hobbitofohio 10]

__The K-1 forms and information on the site do not cover the unconsummated proxy wedding. I suggest the following information be added.
=================================================
The cover letter for the I-129f should add the following:

I have entered into a proxy marriage which has not yet been consummated. For this reason, pursuant to USCIS requirements, I am applying for a K-1 visa, and not a K-3 visa. Thank you for your attention to this item.


====================================================================
Used in place of Statement of intent to marry with the K-1.

Statement of My Intent to Consummate Proxy Marriage


I, _______________________________________________, hereby affirm my intent to consummate my proxy marriage to _______________________________________________, my spouse, solemnized on_____________________.


I intend to consummate our marriage within 90 days of the admission, to the United States of America, of myself/my spouse, specifically named here: _______________________________________________.



My Address is:


My Telephone Number is:




Signed this _______ day of ______________________, 20_________


X____________________________________________________

==================================================================================
Cover note for Embassy forms and support documents


Note Regarding Proxy Marriage


PLEASE NOTE:

I, the applicant, have entered into a proxy marriage which has not yet been consummated. For this reason, pursuant to USCIS requirements, I am applying for a K-1 visa, and not a K-3 visa.

Thank you for your attention to this item.

Sincerely,

X_______________________________________

===================================================================================================

Print on page and place with the above pages:

9 FAM 40.1 N1.3-1 Consummated
(CT:VISA-1000; 09-03-2008)
For the purpose of issuing an immigrant visa (IV) to a “spouse”, a proxy
marriage that has been subsequently consummated is deemed to have been
valid as of the date of the proxy ceremony. Proxy marriages consummated
prior to the proxy ceremony cannot serves as a basis for the valid marriage
for immigration purposes.
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
9 FAM 41.31 N14.2 Proxy Marriage
(CT:VISA-701; 02-15-2005)
A spouse married by proxy to an alien in the United States in a
nonimmigrant status may be issued a visitor visa in order to join the spouse
already in the United States. Upon arrival in the United States, the joining
spouse must apply to the DHS for permission to change to the appropriate
derivative nonimmigrant status after consummation of the marriage.

http://www.state. gov/documents/organization/87206.pdf

[baron555 934]

I say that language is unnecessary and can only muddle and confuse USCIS. We all know that to use a K-1, the couple can not be legally married and that marriage must be performed in the US. And we all know the ceremonies and other may be performed prior to entry to the US. This language, IMO, serves no useful purpose and can only lead to possible RFEs or at worst a denial (and loss of fee).

If the USCIS wants this language, they will ask for it.