Spousal Visa

[Boiler 46,211]

Very much depends on the details, I know people have visited their family in the US. Airports still open,.

 

I know Australia is difficult and of course New Zealand.

[Sgholston 2]

I have read once you are married if you have the certificate and get that it notorised ( get an apostille), you can then fly as this is acceptable, I have seen 3 people that have gotten married via proxy gotten an apostille then travelled to see their spouse 

[Crazy Cat 42,455]

3 minutes ago, Sgholston said:

I have read once you are married if you have the certificate and get that it notorised ( get an apostille), you can then fly as this is acceptable, I have seen 3 people that have gotten married via proxy gotten an apostille then travelled to see their spouse 

USCIS will not recognize a marriage until the couple has physically been in the presence of each other after the ceremony.  Filing before that is useless.

 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2

 

Edited March 8, 2021 by Lucky Cat

[Sgholston 2]

2 minutes ago, Lucky Cat said:

USCIS will not recognize a marriage until the couple has physically been in the presence of each other.  Filing before that is useless.

 

I agree and from reading the guidance I also know this to be true. However after you return from the trip then you'll be able to file, my understanding was she was trying to see her fiancé after 2 canceled trips and wanted to know if the proxy was going to grant access to the US 

Edited March 8, 2021 by Sgholston
typo

[Sgholston 2]

3 minutes ago, Lucky Cat said:

USCIS will not recognize a marriage until the couple has physically been in the presence of each other.  Filing before that is useless.

 also another side note, 

 

Do you think these things are becoming more frequent now during the pandemic that people are getting married via proxy so they can visit their spouse with the view of filing for the CR1 later... 

[Boiler 46,211]

They seem to be. I have come across it a few times when it used to be very rare.

[Crazy Cat 42,455]

1 minute ago, Sgholston said:

 also another side note, 

 

Do you think these things are becoming more frequent now during the pandemic that people are getting married via proxy so they can visit their spouse with the view of filing for the CR1 later... 

We have seen more of these here in past year it seems.

[Sgholston 2]

 

1 minute ago, Lucky Cat said:

We have seen more of these here in past year it seems.

I suspect there will be more to come... the longer the restrictions are in place the more likely those who may have traditionally married or married later on, will now get married via proxy.... 

 

I wonder if this will muddy the waters. as I understand the marriage has to be consummated but how much proof is 'proof' that it has been...

[Crazy Cat 42,455]

Just now, Sgholston said:

I wonder if this will muddy the waters. as I understand the marriage has to be consummated but how much proof is 'proof' that it has been...

Evidence showing both spouses were in the same place at the same time is sufficient evidence.

[Missthanger 22]

It will become more common but it’s only 4 states that allow it . Yes , I was wondering if proxy would be fine since two prior trips were canceled . Thank you so much for your response. I will have to wait as long as this goes on . 

[Marieke H 2,523]

1 hour ago, Missthanger said:

It will become more common but it’s only 4 states that allow it . Yes , I was wondering if proxy would be fine since two prior trips were canceled . Thank you so much for your response. I will have to wait as long as this goes on . 

While the proxy marriage is not sufficient to file the petition, you should look into travel restrictions. Many countries exempt spouses of citizens from travel bans, so your proxy marriage may be enough to be able to travel to each other. And after that, your marriage will be sufficient to file the petition.

[Missthanger 22]

I looked at the travel bans and it’s says all American will be subject to quarantine and have to pay for it but yea we just have to wait this out 

[Cyberfx1024 7,980]

4 hours ago, Sgholston said:

 also another side note, 

 

Do you think these things are becoming more frequent now during the pandemic that people are getting married via proxy so they can visit their spouse with the view of filing for the CR1 later... 

I have to echo the other guys on this that these types of marriages and marriage questions are coming up quite a bit more than they used to in the past

10 hours ago, Missthanger said:

Can I file immigration without seeing my spouse due to corona . I have booked two flights which Where canceled . Can I file and make it before his appointment 

Where is your spouse from and where are they living now?

[SalishSea 18,185]

9 hours ago, Missthanger said:

Can I file immigration without seeing my spouse due to corona . I have booked two flights which Where canceled . Can I file and make it before his appointment 

We never meet yet 

Then you're not married.  So no.

[SalishSea 18,185]

9 hours ago, Missthanger said:

It was cheaper to marry here 

USCIS/DOS doesn't care.  You need to meet in person before you can file any petition.