Marriage Certificate

[falcon84 0]

My wife, who resides in Japan, and I are filing for a CR1 Visa. There is one problem and I would like to know what other people think. My wife, with my signature and all the required documents went to the City Hall and got married, on our behalf, and went to the Osaka Consulate to have the marriage certificate translated so it may be certified. The problem lies though that I was not physically present but the marriage is legal. We are officially married. But, I was told that it was a proxy marriage and it isn't certified because I wasn't present. Japan recognizes this marriage and so does the U.S. from what my wife told me after she talked with those at the consulate.

With the background on the situation I sited above, is the marriage certified and I can submit in junction with the I-130, even though it states in the form instructions that I can't fill out the form unless I was present during the marriage; but the marriage is certified, which lies my puzzlement. City Hall and the U.S. recognizes the marriage.

2) If that is the case and the marriage certificate can't be used, though I am married, what should I do? Should I still submit the CR1 packet? And unless they ask otherwise don't tell them I wasn't present?

I'm so confused on this and nobody knows.

[Done--Really 331]

Unfortunately you have a problem--this is directly from the I-130 instructions under the heading Who May Not File Form I-130:

4. A husband or wife, if you and your spouse were not both physically present at the marriage ceremony, and the marriage was not consummated.

Maybe someone here has some ideas, but it is pretty clear the intent.

[Penguin_ie 5,997]

The wedding is a proxy wedding; it will only be recognised for immigration purposes if it was consumated after the wedding day. Now, they are not going to ask for photos of you in bed together, but they will ask for proof you spent time in the same location.

[Anh map 2,098]

Other VJ members who had proxy weddings went through a lot of stress. Some ultimately successful. A few relationships didn't survive.

A consultation with a qualified immigration attorney may be worth the time and $$.

[Anh map 2,098]

FYI

Something from the Dept. of State Foreign Affairs Manual: http://www.state.gov/documents/organization/86920.pdf

9 FAM 40.1 N1.4 Japanese or Korean Marriages

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

An alien is a "spouse" for immigration purposes if the marriage was lawfully entered into pursuant to the laws of Japan or the Republic of Korea through the filing of the required notification with the Ward Registrar and the parties:

(1) Were physically present together at the time of such filing

(2) Consummated the marriage after such filing; or

(3) Had previously participated in a religious or private marriage ceremony and thereafter cohabited as man and wife.

[pushbrk 13,267]

My wife, who resides in Japan, and I are filing for a CR1 Visa. There is one problem and I would like to know what other people think. My wife, with my signature and all the required documents went to the City Hall and got married, on our behalf, and went to the Osaka Consulate to have the marriage certificate translated so it may be certified. The problem lies though that I was not physically present but the marriage is legal. We are officially married. But, I was told that it was a proxy marriage and it isn't certified because I wasn't present. Japan recognizes this marriage and so does the U.S. from what my wife told me after she talked with those at the consulate.

With the background on the situation I sited above, is the marriage certified and I can submit in junction with the I-130, even though it states in the form instructions that I can't fill out the form unless I was present during the marriage; but the marriage is certified, which lies my puzzlement. City Hall and the U.S. recognizes the marriage.

2) If that is the case and the marriage certificate can't be used, though I am married, what should I do? Should I still submit the CR1 packet? And unless they ask otherwise don't tell them I wasn't present?

I'm so confused on this and nobody knows.

In the case of proxy marriage, it will only be recognized if consummated prior to filing. If you and your wife have been in Japan together after the proxy marriage, you can get the petition approved if you provide evidence you were together. If not, get together and consummate the marriage. Married and married as recognized for immigration purposes are not the same thing.