K1 visa and Marriage by Proxy (Military)

[Cassie&Kyle 10]

I came to the US on a B2 visa and fell in love with a soldier. Before I came back to my country, we got engaged.

My question is : Would it be possible for us to do "marriage by proxy" and then file for a K1 visa?

I have done a mini research and found out that unconsummated proxy marriage is recognized by all states (except one), but not by the USCIS. It also stated that the beneficiary can be petitioned as an alien fiancee.

We won't be able to see each other after the proxy marriage (should we pursue it) as he is deploying in a month or two for a year. I'm worried that a military expedite request might not be granted cause we will only have less than two months left by the time our petition is ready to be filed and it is impossible to have a k1 visa on hand within that span of time.

Military benefits would be such a great help as we prepare for when we start our lives together.

I am here for answers. Not for judgement. Thank you very much.

[Harpa Timsah 13,258]

Are you in the US now?

[Georgia16 2,858]

Are you in the US now?

No they wrote "before I came back to my homecountry"...

I have seen expedites in January and February thread do to military deployment and they didn't get approved before anybody else because it goes so fast with California right now.

What country are you from? Some countries also have wait time for interviews ...

Edited April 11, 2016 by Georgia16

[Cassie&Kyle 10]

Are you in the US now?

No, Ma'am.

[Cassie&Kyle 10]

No they wrote "before I came back to my homecountry"...

I have seen expedites in January and February thread do to military deployment and they didn't get approved before anybody else because it goes so fast with California right now.

What country are you from? Some countries also have wait time for interviews ...

How fast is it if I may ask? I can't find relevant information about it online. I was given an estimate of 5 to 6 months (from NOA1 to interview date) by an immigration lawyer I spoke to.

I am from the Philippines.

[Georgia16 2,858]

How fast is it if I may ask? I can't find relevant information about it online. I was given an estimate of 5 to 6 months (from NOA1 to interview date) by an immigration lawyer I spoke to.

I am from the Philippines.

From NOA1 to interview that seems right maybe 4 months if you are lucky.

But if he is going to be away then why not go back get married, return home and start the CR-1 process? ... Takes about a year and then he'll be done when your visa is ready. Then you don't have to do the AOS and you'll be able to work as soon as you get there.

[Cassie&Kyle 10]

From NOA1 to interview that seems right maybe 4 months if you are lucky.

But if he is going to be away then why not go back get married, return home and start the CR-1 process? ... Takes about a year and then he'll be done when your visa is ready. Then you don't have to do the AOS and you'll be able to work as soon as you get there.

I have just been to the US on a 6 month stay. I came back home 2 months ago. It will be too early for me to be a "tourist" in America again. I could be inadmissible at the POE. He can't get leave from the army as they are already doing pre deployment training. From this viewpoint, there is really no way for us to get married except by proxy. Hence, the "marriage by proxy" idea.

I am stressed about this process. I can come back to the US but it will not be until next year, January being the earliest.

If we get married by proxy, would applying for k1 be hard? If we retained a lawyer for this (we are willing to spend to be together again), will his representation be of use shall issues arise?

[Georgia16 2,858]

I have just been to the US on a 6 month stay. I came back home 2 months ago. It will be too early for me to be a "tourist" in America again. I could be inadmissible at the POE. He can't get leave from the army as they are already doing pre deployment training. From this viewpoint, there is really no way for us to get married except by proxy. Hence, the "marriage by proxy" idea.

I am stressed about this process. I can come back to the US but it will not be until next year, January being the earliest.

If we get married by proxy, would applying for k1 be hard? If we retained a lawyer for this (we are willing to spend to be together again), will his representation be of use shall issues arise?

The K-1 are for fiancé visa meaning you can not be married.

[Cassie&Kyle 10]

The K-1 are for fiancé visa meaning you can not be married.

I am completely aware that it is for a fiance/fiancee. But if the USCIS does not recognize "unconsumated marriage by proxy", does that mean that if we do it, he will not be married in their eyes? The Philippines does not honor proxy marriages, either, so I can still be listed as single here.

[Georgia16 2,858]

I am completely aware that it is for a fiance/fiancee. But if the USCIS does not recognize "unconsumated marriage by proxy", does that mean that if we do it, he will not be married in their eyes? The Philippines does not honor proxy marriages, either, so I can still be listed as single here.

There have been SO many cases where people have had ceremonies and whatever there looked like a wedding and if it looks like a wedding in the eyes of USCIS/the embassy then to them you are married and the K-1 will be denied if they think you guys are married.

Just saying.

[Cassie&Kyle 10]

There have been SO many cases where people have had ceremonies and whatever there looked like a wedding and if it looks like a wedding in the eyes of USCIS/the embassy then to them you are married and the K-1 will be denied if they think you guys are married.

Just saying.

I have read about those cases. I think we will retain a lawyer to get all these done. We can't navigate immigration issues alone. Thank you for your response.

[dwheels76 5,468]

Here's a thread posted same topic with information you might find helpful.

http://www.visajourney.com/forums/topic/592114-proxy-marriage-and-cr1-visa/?view=getnewpost

[Anh map 2,098]

Proxy marriages that we have seen on VJ have had tremendous amounts of problems being approved. In fact the majority are not, even with all sorts of help.

A lawyer isn't going to make it any better so don't spend your money for nothing.

Read the other thread linked above as well as use the search feature for other proxy nightmares.

Edited April 11, 2016 by Anh map

[belinda63 3,041]

Proxy marriages confuse USCIS. Very few K-1's that are married by proxy only get approved because you are "married" but you can't file for the CR-1 because you haven't consummated the marriage. You also have to look at this from the point of view of potential fraud. There a cases of military personnel getting "married" to collect the additional benefits, which can be quite substantial, while not being really married. And if you did manage to get the K-1 how would you marry him, I.e. consummate the marriage, if he is deployed? Of if that somehow managed to happen what proof are you going to have in two years when you have to remove conditions?

There are so many flaws and problems with this I would strongly advise against it. Too many ways to fail and an attorney can't help you with the issues.

[Penguin_ie 5,995]

With a proxy marriage, you will be too married for the K1 but not married enough for the CR-1 spousal visa. What may be a better option is do a straight K1 fiance visa, no proxy marriage, and then look into doing the proxy once you, the foreigner, is in the USA.

A lawyer can be a good idea, but beware that that usually slows the process down, NOT speeds it up.