Marriage of LPR through Power of Attorney (POA) ?

[andre.nia 5]

Hi guys. I am a U.S permanent resident. I am gonna marry my girl friend who resides in my home country. Is it possible to get married through POA ? Is this sort of documents acceptable by USCIS or any other officials in order to file a F2A case? Meanwhil I cannot go back to my country at the moment but I will make it there on july 2020, but I am planning to file for her as my spouse as soon as possible. Any experience or comment is appreciated.

[SalishSea 17,836]

6 minutes ago, andre.nia said:

Hi guys. I am a U.S permanent resident. I am gonna marry my girl friend who resides in my home country. Is it possible to get married through POA ? Is this sort of documents acceptable by USCIS or any other officials in order to file a F2A case? Meanwhil I cannot go back to my country at the moment but I will make it there on july 2020, but I am planning to file for her as my spouse as soon as possible. Any experience or comment is appreciated.

"Get married through POA" is not a thing.  Do you mean marriage by proxy?

 

No.  You must marry in person.

[andre.nia 5]

6 minutes ago, Jorgedig said:

"Get married through POA" is not a thing.  Do you mean marriage by proxy?

 

No.  You must marry in person.

Yes sir. Marriage by proxy is exactly what I mean. Is your answer still "NO"?

[igoyougoduke 1,656]

9 minutes ago, andre.nia said:

Yes sir. Marriage by proxy is exactly what I mean. Is your answer still "NO"?

Yes Proxy marriages are not accepted 

[SusieQQQ 11,586]

here is the relevant section of the law. Note that a LPR cannot sponsor a fiancé.
 

https://fam.state.gov/FAM/09FAM/09FAM010208.html 
 

9 FAM 102.8-1(D)  Proxy Marriages 

(CT:VISA-515;   03-15-2018)

A marriage where one or both parties was not present (proxy marriage) is not valid unless the marriage was consummated.  

(1)  Consummated:  For the purpose of issuing an immigrant visa 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.  A proxy marriage consummated prior to the proxy ceremony cannot be considered a valid marriage for visa adjudication purposes unless it has been consummated subsequently.

(2)  Unconsummated:  A proxy marriage that has not been subsequently consummated does not create or confer the status of “spouse” pursuant to INA 101(a)(35).  A party to an unconsummated proxy marriage may be processed as a nonimmigrant fiancé(e).  

[andre.nia 5]

18 minutes ago, Donald120383 said:

Yes Proxy marriages are not accepted 

Here It is said if it is a proxy marriage,  if it has been consummated afterwards. It will be valid. Any comments?

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html

[andre.nia 5]

3 minutes ago, SusieQQQ said:

here is the relevant section of the law. Note that a LPR cannot sponsor a fiancé.
 

https://fam.state.gov/FAM/09FAM/09FAM010208.html 
 

9 FAM 102.8-1(D)  Proxy Marriages 

(CT:VISA-515;   03-15-2018)

A marriage where one or both parties was not present (proxy marriage) is not valid unless the marriage was consummated.  

(1)  Consummated:  For the purpose of issuing an immigrant visa 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.  A proxy marriage consummated prior to the proxy ceremony cannot be considered a valid marriage for visa adjudication purposes unless it has been consummated subsequently.

(2)  Unconsummated:  A proxy marriage that has not been subsequently consummated does not create or confer the status of “spouse” pursuant to INA 101(a)(35).  A party to an unconsummated proxy marriage may be processed as a nonimmigrant fiancé(e).  

Thank you and please take a look at the next comment that I posted. Meanwhile, my girl friend will be my wife not my fiancee when the proxy marrige takes place.

[SusieQQQ 11,586]

3 minutes ago, andre.nia said:

Here It is said if it is a proxy marriage,  if it has been consummated afterwards. It will be valid. Any comments?

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html

What’s the point of doing it if you can’t file anyway until after it’s been consummated? Why not just marry in person at the time you can actually get together?

 

 

1 minute ago, andre.nia said:

Thank you and please take a look at the next comment that I posted. Meanwhile, my girl friend will be my wife not my fiancee when the proxy marrige takes place.

Not in the eyes of US immigration law. You even quoted the extract that says that.

 

 

Edited February 11, 2020 by SusieQQQ

[SalishSea 17,836]

Just now, andre.nia said:

Thank you and please take a look at the next comment that I posted. Meanwhile, my girl friend will be my wife not my fiancee when the proxy marrige takes place.

What would be the purpose of even doing it this way?  It is not like it will save any time whatsoever. You wouldn't' be able to file until after it is consummated, so why not marry in person and then file?

 

 

[andre.nia 5]

Just now, SusieQQQ said:

What’s the point of doing it if you can’t file anyway until after it’s been consummated? Why not just marry in person at the time you can actually get together?

Because I am not able to go back to my country and I am trying to lessen the wait time.

[SalishSea 17,836]

OP, you understand the definition of "consummated," right?

Just now, andre.nia said:

Because I am not able to go back to my country and I am trying to lessen the wait time.

HOW would it lessen the wait time?

[SusieQQQ 11,586]

Just now, andre.nia said:

Because I am not able to go back to my country and I am trying to lessen the wait time.

It’s not going to lessen the wait time. You can’t file until after it is consummated. It is all in that extract I posted above.

[andre.nia 5]

2 minutes ago, Jorgedig said:

What would be the purpose of even doing it this way?  It is not like it will save any time whatsoever. You wouldn't' be able to file until after it is consummated, so why not marry in person and then file?

 

 

You are right. I need to do it in person.

[SalishSea 17,836]

I think there may be a language or other type of misunderstanding occurring here...

[andre.nia 5]

2 minutes ago, Jorgedig said:

OP, you understand the definition of "consummated," right?

HOW would it lessen the wait time?

The sooner you file, the sooner your case will start. That"s all I am thinking of if I am right.