Re-filling I-130

[♥Muslimqueen♥ 2]

Hi everyone, ok so here my problem. I have not been denied YET but have a feeling its comming. the reason being that i used a proxy and filled before meeting my husband. then before the iy nterview i went and we had the marriage ceremony and had pictures. But i saw someone Else's case and researched and for the proxy to be accepted for a visa i most show proof that i meet with my husband and was able to consummate the marriage after the proxy was done and before filling the pettition. I can show proof that i was there AFTER the proxy was done but not before filling. I have been in AP for 6 months and there has been NO movement while my sister in law who began after us already has her visa. i just want to know now if we get denied i am aloud to re-file a I-130 correct since i can show proof then that i was there before filing. also would i be able to use the same CO-sponsor for the Affiliate of support? and will it make it harder to get approved? sorry for all the questions but I'm going crazy now thinking of what is gonna happen.

PS. I hope i posted this in the correct place. i was kidda un sure on were to post it. sorry mods if i posted it in the wrong place.

Thanks everyone.

~MQ

[canadian_wife 1,822]

Just to clarify, you had your proxy marriage, then filed the I-130, THEN met your husband?

Is that right?

[♥Muslimqueen♥ 2]

Just to clarify, you had your proxy marriage, then filed the I-130, THEN met your husband?

Is that right?

Correct

1. Proxy Marriage

2. Filled

3. Met Husband

[canadian_wife 1,822]

interesting, since I don't think your marriage was legal when you filed the I-130 since, according to immigration laws, you hadn't met your husband yet

What did they say at the interview

To answer your question, once this petition is closed (as in you close it) you may refile

Good luck

[♥Muslimqueen♥ 2]

they did not even bring it up. i dont know what to do its been 6 months and no movemet has happened.

[canadian_wife 1,822]

Was it clear from your petition that it was a proxy marriage?

Being in AP seems to be the norm for some beneficiaries from certain countries. Don't with draw the application until you get an answer, maybe they didn't notice your proxy marriage or didn't care that the meeting was after filing. But for certain, if you withdraw now, you'll likely see AP again with the new petition

good luck

[NigeriaorBust 4,087]

One of the statements in the instructions for the I130 is a section on WHO MAY NOT USE THIS FORM. It clearly states unconsummated proxy marriages are not allowed to used this form so you should be heading for rejection where they should say you didn't have a petitionable relationship at the time of filing. This should be a non damaging conclusion and leave you free to file again. You may be able to cut the timeline shorter by self cancellation and re petition now that you do have a petitionable relationship.