Proxy Marriage and CR1 visa

[Boiler 45,525]

The majority of beneficiaries through this Consulate are male, seems there can be issues with females and their families leaving single.

If that is not an issue K1 is the way to go.

[HABU123 3]

The majority of beneficiaries through this Consulate are male, seems there can be issues with females and their families leaving single.

If that is not an issue K1 is the way to go.

what issues with leaving? you mean cultural issues? If so, yeah it is kinda disproportional culturally but I am desperate for any options here

[NikLR 13,227]

You needed to have consummated the marriage AFTER the marriage certificate was signed. If you did this, then you have fulfilled the obligations and can continue. If you have not, your I-130 will be denied.

I assume the marriage certificate has been signed, so you may be too married for the K1.

But yet not married enough for the CR1

[Jawaree 717]

The marriage must be consummated

Filing k1 with a signed marriage cert will not fly

If you want her that bad fly back there , marry & consummate the marriage

[Anh map 2,098]

Do a search here on VJ for proxy marriage. No one has a good story to tell about the process.

[judiwoo 0]

My friend has just been granted a I-130 visa for the USA and her husband is in prison so they haven't consummated the marriage. She has now moved over there from the UK. She needed a lot of proof - visits, letters, calls etc. and also her husband needed a co-sponsor, so it can be done

[Boiler 45,525]

They married by proxy?

[dwheels76 5,468]

My friend has just been granted a I-130 visa for the USA and her husband is in prison so they haven't consummated the marriage. She has now moved over there from the UK. She needed a lot of proof - visits, letters, calls etc. and also her husband needed a co-sponsor, so it can be done

She visited? So she was present at the marriage ceremony?

[Penguin_ie 5,993]

Unfortunately, you are pretty much stuck.

a. You are too married for the K1

b. If you argue it is a proxy wedding, you need to consumate the marriage before filing; while they won;t ask for photo proof or anything, you would need to meet again in person.

c. If you argue it was NOT a proxy wedding, then you need to be there to sign the certificate- even if you fly back for one night to sign it, you need to do it yourself.

[JFH 12,190]

My friend has just been granted a I-130 visa for the USA and her husband is in prison so they haven't consummated the marriage. She has now moved over there from the UK. She needed a lot of proof - visits, letters, calls etc. and also her husband needed a co-sponsor, so it can be done

The marriage doesn't have to be consummated if it was conducted wth both parties present. It is only an issue when the marriage is a proxy marriage.

And it would be a CR-1 visa, not an I-130 visa that she had. The I-130 is just the petition to apply for a visa. If that's all that has been approved so far, she doesn't have a visa yet.

[IcezMan_IcezLady 582]

It is interesting how things play out at different embassies. A guy's family did his traditional marriage ceremony on his behalf. At the interview, CO concluded that the "representative" of the groom (the guy's brother) is the husband and wouldn't accept that the brother was only fulfilling the role of his USC brother who couldn't come home for the event. They were subsequently denied. I can't tell whether it was the consummation issue or not but according to the wife, CO was focused on the "stand-in" guy.

But per, comments on here, seems like your only issue would be the consummation. So get it done as soon as possible.

[Yuri S 4]

Have you consummated the marriage?

Oh, interesting. USCIS does not recognize a proxy marriage until it is consummated?

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter2.html

[Adil & Jeanne 296]

This is often done in Morocco and accepted as legal as it is your POA given for marriage which is only an signed agreement between the 2 of you and no ceremony is performed/ legal in morocco and theresfore accepted by the US

I hope you took many photos of the trip with him and family

you should also have a copy of the procy document and translation for USCIS

You may want to return for even a short visit to have the marriage celebration which they consider just as a wedding reception but photos are used to show marriage / also go on a small trip to another city and use these photos for honeymoon

this question can only be answered by someone doing business with moroccan embassy and please forget the K 1 in Morocco / waste of money and time / i have a friend in AP since June 2014 on a K 1

incha allah

all will be ok

Edited April 11, 2016 by Adil & Jeanne

[EM_Vandaveer 2,408]

Proxy marriage WITHOUT consummation (e.g having met after the ceremony & have good evidence that this happened AFTER the ceremony) is NOT eligible for spousal visa.

[Ryan H 3,812]

"Consummated" in this case means simply spending the night together, what you do during that time is your own business.