K1 Visa Proxy Marriage

[jembtimeline 14]

Please do not respond to this unless you have firsthand experience or are an immigration attorney.  This is a very specific subject, and opinions, however well intentioned, have the ability to do damage.

 

My fiancee and I are engaged to be married and are awaiting a K1 visa.  Due to religious reasons, we will not have sex until we are married.  Also, for religious reasons, we will do a religious ceremony after the marriage, which is not accepted by the country in which she resides as a legal marriage.  But this ceremony is what is important for us.  Our original plan was to get a K1 visa and get B2 visas for her family, fly them up and get married in the US then do the religious ceremony.  Due to the delays, we foresee our K1 getting issued far before her family can get visas.

 

I have studied the subject of unconsummated proxy marriage, and immigration law appears to treat the "spouse" as a fiancee:

 

Quote

9 FAM 102.8-1(D)  Proxy Marriages

(CT:VISA-1096;   07-10-2020)

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 a 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).  For IV cases, 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 502.7-5 for additional information on fiancé classifications.)  

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

 

I realize this is a tricky subject because many people have tried this route with various results.  However, every case is different.  Consummated by definition means sexual intercourse, but my understanding is that for spousal visas immigration accepts evidence of in person meeting or even a statement from the couple.  However, in those cases, they are trying to meet the requirement of being married.

 

In our case, the option we are considering is to marry by proxy after the K1 visa is issued, then do our religious ceremony in her country, then bring her to the US and consummate the marriage.  Obviously we do not have the intent of committing immigration fraud.  In this situation, by the letter of the law, we would not be married until we arrived in the US and consummated the marriage.

 

Does anyone have experience with this?  When she attempted to enter the US would she be barred from entry due to having been in each others physical presence?  Would immigration find out years down the line that I entered her country and assume we consummated the marriage therefore committing fraud by using a K1 for entry?  Would a sworn affidavit explaining that we did not consummate the marriage until a certain date remedy any potential issues?

[Boiler 45,730]

Another one where I shake my head, CR1 would have been so much better.

 

Consult with a competent immigration lawyer.

[Crazy Cat 41,982]

To be honest, this plan sounds like a disaster filled with pitfalls..   Why not just go to her country, marry, then apply for a CR-1. ....or forget about a marriage ceremony until after the foreign fiance arrives in the US via the K-1?

Edited February 9, 2021 by Lucky Cat

[Marieke H 2,520]

This is a terrible plan. Don't do it.

 

19 minutes ago, jembtimeline said:

Please do not respond to this unless you have firsthand experience or are an immigration attorney.  This is a very specific subject, and opinions, however well intentioned, have the ability to do damage.

I don't have firsthand experience and I'm not an immigration attorney, but hey, it's against the TOS to tell others not to post. If you only want immigration attorneys to respond, you should probably pay one to do so.

Edited February 9, 2021 by Marieke H
Typo

[Crazy Cat 41,982]

29 minutes ago, jembtimeline said:

Would immigration find out years down the line that I entered her country and assume we consummated the marriage therefore committing fraud by using a K1 for entry?  Would a sworn affidavit explaining that we did not consummate the marriage until a certain date remedy any potential issues?

1.  Yes, this whole plan could cause issues down the line.

2.  A sworn affidavit is, at best, useless.  At worst, it would draw attention you might not want.

Edited February 9, 2021 by Lucky Cat

[SalishSea 17,970]

[NancyNguyen 1,657]

Another one wants to play with system.

[SalishSea 17,970]

22 minutes ago, jembtimeline said:

Would immigration find out years down the line that I entered her country and assume we consummated the marriage therefore committing fraud by using a K1 for entry? 

Are you seriously asking if they care whether people have sex before or after marriage?

 

The requirement for the K-1 visa is that the marriage takes place in the United States.  If you cannot comply with this, it is the wrong visa for you.

[jembtimeline 14]

Ok, I figured with visajourney I'd get a lot of off base response.  But geez, can't even hold your tongue.

 

[powerpuff 6,744]

3 minutes ago, jembtimeline said:

Ok, I figured with visajourney I'd get a lot of off base response.  But geez, can't even hold your tongue.

 

Then why even come here and ask for advice if you knew you’ll see truths you won’t like? 

Edited February 9, 2021 by powerpuff

[mushroomspore 3,044]

39 minutes ago, jembtimeline said:

Please do not respond to this unless you have firsthand experience or are an immigration attorney.  This is a very specific subject, and opinions, however well intentioned, have the ability to do damage.

 

My fiancee and I are engaged to be married and are awaiting a K1 visa.  Due to religious reasons, we will not have sex until we are married.  Also, for religious reasons, we will do a religious ceremony after the marriage, which is not accepted by the country in which she resides as a legal marriage.  But this ceremony is what is important for us.  Our original plan was to get a K1 visa and get B2 visas for her family, fly them up and get married in the US then do the religious ceremony.  Due to the delays, we foresee our K1 getting issued far before her family can get visas.

 

I have studied the subject of unconsummated proxy marriage, and immigration law appears to treat the "spouse" as a fiancee:

 

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

 

I realize this is a tricky subject because many people have tried this route with various results.  However, every case is different.  Consummated by definition means sexual intercourse, but my understanding is that for spousal visas immigration accepts evidence of in person meeting or even a statement from the couple.  However, in those cases, they are trying to meet the requirement of being married.

 

In our case, the option we are considering is to marry by proxy after the K1 visa is issued, then do our religious ceremony in her country, then bring her to the US and consummate the marriage.  Obviously we do not have the intent of committing immigration fraud.  In this situation, by the letter of the law, we would not be married until we arrived in the US and consummated the marriage.

 

Does anyone have experience with this?  When she attempted to enter the US would she be barred from entry due to having been in each others physical presence?  Would immigration find out years down the line that I entered her country and assume we consummated the marriage therefore committing fraud by using a K1 for entry?  Would a sworn affidavit explaining that we did not consummate the marriage until a certain date remedy any potential issues?

It's against the ToS (Terms of Service) to tell others not to post. If you only wanted a lawyer's opinion, they do free consultations. Yes, this would be fraud. The other big problem with your plan is that the ONLY way she would be allowed to re-enter the US on a permanent basis after doing the religious ceremony in her country would be a spousal visa, which takes time. The K1 visa is one-time use, cancelled upon entry. Even if she could use it a "second" time, she would be doing so unlawfully because she would be your spouse at that point, not your fiancee. And sorry but you need a lawyer to tell you that if you're trying to find ways to skirt around federal laws, then you probably shouldn't be doing what you're doing? There's too much at stake with this. It isn't just about your relationship; this is about gaining legal permission from American federal agents to live and work in the country. Bans are a real thing with US immigration. Any kind of problem is noted and are never erased. Immigration records are actually 100% permanent.

[Crazy Cat 41,982]

5 minutes ago, jembtimeline said:

Ok, I figured with visajourney I'd get a lot of off base response.  But geez, can't even hold your tongue.

 

In what country does your fiance currently reside?

[Crazy Cat 41,982]

The OP has closed his account......

Edited February 9, 2021 by Lucky Cat

[mushroomspore 3,044]

5 minutes ago, Lucky Cat said:

The OP has closed his account......

🤷‍♀️ Oh well.

[Marieke H 2,520]

4 minutes ago, Lucky Cat said:

The OP has closed his account......

That's too bad. I would have liked to see a follow-up post after going through with this disaster plan, so we'd have some good information to warn others.