applying k1 but will put married?

[MIBEN 83]

Proxy Marriages are still considered legal, you paid someone to stand in for you. She is married and therefore should not file for K-1. If nothing else that is why the military accepted the certificate and updated DEERS. If the Army does anything correctly is annotate who is entitled to Government benefits to include monies Soldiers get when they claim being married.

This is a advice from a 22 year Army veteran that was AG (Adjutant General Corps for 13 years).

They are claiming married for a reason, file the CR1.

Major, U.S. Army Retired

[Anh map 2,098]

well i didnt know the whole story until we talk clearly..but anyways thanks for all the advice and hoping her hubby will clear his mind on what he doing..

Your friend needs to have a good conversation with her spouse. He is thinking that he knows more than he does. There have been several VJ members who had proxy marriages where it was a big, big problem. Yes they are legal, but the immigration process is much more than proving that a couple is legally married.

As the previous poster stated, if they have done what is needed for your fries to be seen a spouse by the US military they will be unsuccessful claiming anything else.

[Deputy Purple 1,294]

Proxy Marriages are still considered legal, you paid someone to stand in for you. She is married and therefore should not file for K-1. If nothing else that is why the military accepted the certificate and updated DEERS. If the Army does anything correctly is annotate who is entitled to Government benefits to include monies Soldiers get when they claim being married.

This is a advice from a 22 year Army veteran that was AG (Adjutant General Corps for 13 years).

They are claiming married for a reason, file the CR1.

Major, U.S. Army Retired

Yes Proxy Marriages are legal and so are same-sex marriages in more and more places but the real question is "Are Proxy Marriages legal FOR IMMIGRATION PURPOSES?" because if you ask the same about same-sex marriages you will see that they are not.

See this thread.

[hobbitofohio 10]

You file a k1 and list married. You are married, but need to use the k1.

Here is what I used in the process:

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_______________________________________

0

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...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

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 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 is used because status of spouse is confered.

Put these papers with the k1 forms and the adjustment filing. You also should bring to all interviews and give to the person before the interview starts.

Edited September 16, 2011 by hobbitofohio

[hobbitofohio 10]

I do not read the forums much. If you want additional help or have questions send me a message.

[hobbitofohio 10]

Proxy Marriages are still considered legal, you paid someone to stand in for you. She is married and therefore should not file for K-1. If nothing else that is why the military accepted the certificate and updated DEERS. If the Army does anything correctly is annotate who is entitled to Government benefits to include monies Soldiers get when they claim being married.

This is a advice from a 22 year Army veteran that was AG (Adjutant General Corps for 13 years).

They are claiming married for a reason, file the CR1.

Major, U.S. Army Retired

You are not correct for an unconsumated proxy wedding. The military accepts the wedding, as do all parts of the government but not for immigration. So they need to file a k1 and list married. See my above post for the information from the state department manual on how to handle this type wedding.

[KittyPollitt 284]

I have a friend who brought his wife here that he married through proxy. They were a couple before he came to the US on a diversity visa- he was unable to afford to return to visit her right away, so they married by proxy when he'd been here in the US for 4 years. About a year after, he returned to his country after saving money for the trip and she became pregnant. They did not have a ceremony then, as legally, they were already married. When he got his citizenship that year, he decided to petition her to come join him. It took him 2 years of legal wrangling to get her here, but now they are together. Everyone's circumstances are different, but it is possible to use a proxy marriage for immigration purposes- I've seen it happen.

[Deputy Purple 1,294]

I have a friend who brought his wife here that he married through proxy. They were a couple before he came to the US on a diversity visa- he was unable to afford to return to visit her right away, so they married by proxy when he'd been here in the US for 4 years. About a year after, he returned to his country after saving money for the trip and she became pregnant. They did not have a ceremony then, as legally, they were already married. When he got his citizenship that year, he decided to petition her to come join him. It took him 2 years of legal wrangling to get her here, but now they are together. Everyone's circumstances are different, but it is possible to use a proxy marriage for immigration purposes- I've seen it happen.

Your friend's case is different, it was consummated by the time they filed and it still "took him 2 years of legal wrangling" and he filed for the Spousal Visa, right?

[Bryan and Isabel 29]

This is a tough one, maybe consulting with a lawyer may help

[Gary and Alla 3,694]

her hubby keep insisting that they will just do k1 since immigration not really favor in proxy married but her hubby keep insisting too that he knows everything and still put married on form...i wish he really know what he doing cuz on what i read its really impossible to do k1 but still put married..besides they didnt registered their paper in nso saying they really married..

Well if he knows everything then sleep well. I think he will be denied for a K-1 and denied for a spouse visa.

I would say get married...for real...and then file for a spouse visa.

[belinda63 3,038]

Hobbit hit the nail right on the head. A proxy marriage is legal, I know Texas and a few other states recognize them, but FOR IMMIGRATION PURPOSES a proxy marriage is not recognized unless it has been consummated. Filing for a K-1 is the proper way to do it but expect a lot of trouble along the way. Right a clear letter explaining the situation and provide it along with copies of the proxy marriage paperwork, maybe highlighting the words relevant to proxy.

I have read here of people who were denied fiance visas because the consulate believed they were actually married so anticipate and prepare for this.

[hobbitofohio 10]

Hobbit hit the nail right on the head. A proxy marriage is legal, I know Texas and a few other states recognize them, but FOR IMMIGRATION PURPOSES a proxy marriage is not recognized unless it has been consummated. Filing for a K-1 is the proper way to do it but expect a lot of trouble along the way. Right a clear letter explaining the situation and provide it along with copies of the proxy marriage paperwork, maybe highlighting the words relevant to proxy.

I have read here of people who were denied fiance visas because the consulate believed they were actually married so anticipate and prepare for this.

Our troubles were at the adjustment interview. The man did not believe that Texas did proxy weddings! Our papers were approved once he understood that Texas really did such weddings. He also read the information from the state department manual. No one in the Columbus office had ever heard of a Texas proxy wedding nor handled a K1 proxy wedding. So they were not pleased to be learning about it. However, we gave them every need document, and even the needed references from the government sources. So it was a few minutes of problems.

The Moscow Embassy saw the statments of it not being consummated, and the pages from the State Department manual. That interview was very short and easy.

If you give them everything so they do not need to put down their coffee cup, they are really not hard to deal with on this type wedding. The main issue is they do not see it every day and need to have the process handed them.

[bigdog 376]

This is not a good idea, lose lose situation. get married apply marriage like your supposed to.

[hobbitofohio 10]

This is not a good idea, lose lose situation. get married apply marriage like your supposed to.

The friend married by proxy. They are married. So they either do a k1 or consumate the wedding then do a c1.