Marriage by Proxy Can You do this and How???

[Hypnos 6,576]

Proxy marriage is also only legal to perform in five states: Colorado, California, Texas, Montana, and Alabama.

Double-proxy can only be performed in Montana.

[hobbitofohio 10]

I am sorry if this is too personal (in which case, ignore me please), but why did you choose to do that? If she was coming on a K1, why get married via proxy before she arrives?

Proxy weddings are valid for immigration from date of wedding once it is consumated. If we had waited for the visa paper work to process and got married in the USA in person my step daughter could not come as a following along child. My step daughter was turning age 18 before my wife could join me in the USA. Once she was age 18, my wife and I not married then we would have needed to file for my step child as an adult child. So a proxy wedding made it easier to get my step daughter here.

My wife's exhusband also would not sign papers to let my step daughter leave Russia. My stepdaughter could not come to USA till age 18 to join. The timing of her travel to join us was made easier because the visa for my step daughter would need to be issued with in 12 months of my wife's visa. We did not have to worry about the exact timing of her coming, the need of papers from ex husband or her finishing last year of high school after arriving.

I hope my short version of why is not to short to follow.

By the way on the lighter side, my step daughter goes to embassy in Moscow for visa interview as a following child. She goes alone. Her mother is in USA and at 18 is able to travel without a problem. At the embassy, the other Russians assumed she was coming to the USA to married. Her paper work for the interview was about 20 pages. She was waiting for the interview with the people waiting for k1 visas, The other Russians would sit down with large piles of pages near her and see her small number of pages. They told her she need more document for the visa. She did not answer them. She had the interview and was approved. As she left, she walked by the people who had told her she need needed more documents. She smiled and said, I was approved. At that point a few faced looked shocked. (My step daught can tell the story had make people laugh. I am not so good at it.)

[hobbitofohio 10]

Wow....how do you show proof of consumation? As it is said all in ya bizness!

Immigration wants proof you were both in the same place and time after the wedding. They assume a couple that is together consumates the marriage. My wedding was viewed as consumated (for imigration) the second we met at the airport after poe. (No we did not have sex in the airport terminal. lol )

I will say my wedding night with the bride in Russian and I in the USA was very dull.

Edited June 28, 2013 by hobbitofohio

[Harpa Timsah 13,258]

Dwheels, pardon the personal question, but you are getting married again so soon after what happened?

[N-o-l-a 7,167]

Dwheels, pardon the personal question, but you are getting married again so soon after what happened?

She is still married

[NigeriaorBust 4,087]

With a K1 a child can travel on K2 until they are 21 so no issue existed needing the marriage by 18 . Until your marriage was consumated you can't start the I130 for the step daughter , was there a reason to delay immigration ?

[newlyweds2010 208]

We were married by proxy. I did it in Texas. I flew to Texas and did had the wedding by proxy. My wife was in Russia. She came on a K1. (We did not see each other between the wedding and her arrival. If you see each other between wedding and arrival at poe, you can not use the k1 and use the cr1.)

How did she come on a K1 if you had already married (albeit by proxy) before she came to the US?

[N-o-l-a 7,167]

How did she come on a K1 if you had already married (albeit by proxy) before she came to the US?

That kind of makes it sound like the K1 was invalid for use at the POE.

[Gosia & Tito 199]

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

I for one, would like to know what is USCIS/DOS definition of consummated.

[Protocol417 161]

I for one, would like to know what is USCIS/DOS definition of consummated.

Judging by how relatively lenient they are about proof that you've met (hey look, we were in the same city!) I would imagine something similar would count. But then my question is, if you have to meet in person (to "prove" you consummated the proxy marriage) anyways, why do the marriage by proxy in the first place?

How did she come on a K1 if you had already married (albeit by proxy) before she came to the US?

I was wondering this too. Maybe because, by US law, the proxy marriage wasn't valid? But then why do the proxy marriage in the first place? I think I'm missing something...

[JRF 117]

Ah, the fun you could have with proving consummated. Somehow I think true pictorial evidence would cause issues.

I am curious however how someone could apply for a K-1 visa if they are already married.

[Harpa Timsah 13,258]

I am curious however how someone could apply for a K-1 visa if they are already married.

I remember someone who did this; l it might be the prior poster, I think the country was Russia.

From the case I remember, the case was initially denied, and then the petitioner made a legal argument that they did not have a marriage suitable for visa purposes, and that therefore it was correct to issue a K1. The petitioner also had to prove that he had NOT seen and could NOT see his wife/fiance after the marriage. So it worked eventually but it was not easy nor did the proxy marriage go unnoticed.

[dwheels76 5,468]

Dwheels, pardon the personal question, but you are getting married again so soon after what happened?

LOL Oh Harpa HELL NAW. I swear i am asking for a friend who is asking and not on VJ.

Go through this again with all this proxy stuff. Are you serious!! I would rather just answer questions and stay on VJ as a member for life. hehe

[dwheels76 5,468]

She is still married

LOL Nola you a mess. Yep i am married. trust me I am. hehe

[Shiobhan 235]

I wonder if photo of both getting it on would serve as sufficient consummation by uscis