Non-consumated Proxy marriage

[Crazy Cat 41,845]

59 minutes ago, Rlewis said:

I just want to chime in as someone also married to a military member: be prepared for more surprises! It will definitely happen. 

Military spouses are heroes........believe me ( I was the military member). 

[pushbrk 12,882]

9 hours ago, Mike E said:

My understanding …
 

I think he should withdraw the I-130.  Even if it is approved, because no in-person meeting happened between the marriage ceremony and the filing of I-130, the marriage isn’t valid for I-130 purposes.  If later down the road, USCIS determines it erroneously approved I-130, your green  card or naturalization could be revoked.  
 

Your plan to meet shortly after filing I-130 was never going to work.  

Yes, the husband should simply withdraw the petition and file again after the couple has been together again in person.  Not possible to get the I-130 approved without being together between the proxy marriage date and I-130 filing date.

[pushbrk 12,882]

9 hours ago, Wolfiemia said:

Thank you so much for your help.  This has all been really frustrating as we have a wedding booked but he was put on a plane and PCS'd 5 days beforehand and not allowed to change the flight or delay his next duty station as he had already been stationed in the UK too long so they pushed his date to leave the country, forward by 6 months!  I expect this is something I will have to get used to with military life.   Currently begging the command for emergency leave to fly back so we can then resubmit having met after the online wedding.  Also, we lived together before he left, he had a British mobile phone bill in his name registered to my address, would it be beneficial to state that we lived together on the I-130? Surely this would support our application more so than him putting down the base address as his previous address of residency?

There is a question on the I-130 asking for the last address and dates you lived together, so yes, it is more than beneficial to provide the information.  It is "required".  You won't need a lot of relationship evidence if you lived together.  It's the UK, not Nigeria.  Sadly, no "evidence" overcomes the consummation requirement.

[Letspaintcookies 2,310]

3 hours ago, Rlewis said:

everyone has already given some great advice.

I just want to chime in as someone also married to a military member: be prepared for more surprises! It will definitely happen. 

 

Best of luck!

Almost an understatement. We basically just wing it day to day 😂

Good luck OP. Glad his leave got approved 

[iwannaplay54 985]

12 hours ago, Wolfiemia said:

Thank you, he's seeing an immigration lawyer in GA today and seeing if he can book emergency leave to come back in the next few weeks.  If we withdraw do we lose the fee? Or can we withdraw and resubmit as soon as he arrives here? 

You will lose the fee.

 

He can re-file as soon as you can show you were physically present in the same location.

[SalishSea 17,828]

14 hours ago, Wolfiemia said:

Instead, we went ahead and got married online when he arrived in the states through the state of Utah where neither of us had to attend.  He then submitted the paperwork for the I-130 a few days later. 

This was a mistake.  It is not a valid marriage for USCIS purposes.

[SalishSea 17,828]

OP, you got some great advice in this thread, and hopefully it will help others.  Sounds like you have a solid plan.  Best luck!

[Sinead91 249]

8 hours ago, Rlewis said:

everyone has already given some great advice.

I just want to chime in as someone also married to a military member: be prepared for more surprises! It will definitely happen. 

 

Best of luck!

Same! 
 

OP: Once you get here everything will be worth while and thankfully because your other half is active duty, you’ll have a lot less to worry about (insurance etc. it definitely takes the stress off moving from Europe to the US). 
 

 

[Wolfiemia 2]

12 hours ago, Rlewis said:

everyone has already given some great advice.

I just want to chime in as someone also married to a military member: be prepared for more surprises! It will definitely happen. 

 

Best of luck!

Thank you so much! We've already had our fair share in the two years we've been together! Dates constantly moving, wish we had been able to file the I-130 earlier but hey ho! He's getting leave to come back in 2weeks so we will file the second he lands and hopefully won't be too long until we can be reunited! ❤️