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Posted
3 minutes ago, Marieke H said:

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.

True, but OP probably would not have come back anyway. Not sure why he posted if he was adamant about only receiving advice from lawyers and apparently was biased against the forum???

Filed: AOS (apr) Country: Philippines
Timeline
Posted
1 hour 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?

Once you are in each others presence (to do the religious ceremony) you would have "consumated" the proxy marriage (within the definition of immigration), therefore invalidating your eligibility for k1

YMMV

Filed: AOS (pnd) Country: Philippines
Timeline
Posted

Too bad the OP left, I would like to know where he eventually finds people with personal experience of getting married in all but sex prior to arrival on a K-1.

 

Posted

*** Thread closed. OP has closed their account. Do not start another thread as a continuation of this one.

 

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