The acceptance of proxy marriages vs traditional ones?

[Osee 0]

Our case is a bit different than most. We got married over 10 years ago abroad. I'd been married before that to an American (I'm English) through whom i became a US citizen. We'd divorced (or so i thought) 12 years before I met my husband now.

 

Why "...or so I thought"? Well, my ex told me so and he got married after we split, so I thought we were divorced. We weren't.

 

I didn't find out till recently after i got married. 

 

I'm officially divorced to my ex now and would like to apply for my husband to come join me here, but since we got married while i was technically still married, our marriage I'm guessing would not be valid by US law. If that is the case then I assume we would have to get married again (or I apply for K1). 

 

Which brings me to the title. Since we are in different countries atm i was considering doing a proxy marriage, but I'm not sure how acceptable they are as opposed to your regular marriage. Are they regarded just as legitimate as tradition marriages? 

 

I would rather go the CR1 route instead of K1 because of how soon my husband would be able to become a permanent residence.

 

And how do we present our particular case to uncle Sam? Should we mention ?the above or is it irrelevant and preferable to not shares? If so then what happens to our 10 years relationship?

 

 

[Timona 4,208]

Utah zoom marriage

[millefleur 5,048]

Many people have successfully gotten visas via zoom marriages, as long as you meet in person after.

 

You have to tell the truth about the whole story as that is required by US law. Just be honest. 10 year relationship can still be shared, if anything that's the best part of your case in that you'll have tons of evidence of being together and being a real couple. Just come clean about the honest mistake, a typed out letter explaining what happened and why you married twice etc should suffice. 

 

The only part I'm not sure about is how you'd fill out the forms. My hunch is just put the new zoom marriage date for date of marriage, as the old is invalid. Even though technically you married earlier, the legitimate marriage certificate will be the one post-divorce.

Edited January 11, 2024 by millefleur

[SalishSea 18,372]

  On 1/11/2024 at 3:09 AM, Osee said:

Our case is a bit different than most. We got married over 10 years ago abroad. I'd been married before that to an American (I'm English) through whom i became a US citizen. We'd divorced (or so i thought) 12 years before I met my husband now.

 

Why "...or so I thought"? Well, my ex told me so and he got married after we split, so I thought we were divorced. We weren't.

 

I didn't find out till recently after i got married. 

 

I'm officially divorced to my ex now and would like to apply for my husband to come join me here, but since we got married while i was technically still married, our marriage I'm guessing would not be valid by US law. If that is the case then I assume we would have to get married again (or I apply for K1). 

 

Which brings me to the title. Since we are in different countries atm i was considering doing a proxy marriage, but I'm not sure how acceptable they are as opposed to your regular marriage. Are they regarded just as legitimate as tradition marriages? 

 

I would rather go the CR1 route instead of K1 because of how soon my husband would be able to become a permanent residence.

 

And how do we present our particular case to uncle Sam? Should we mention ?the above or is it irrelevant and preferable to not shares? If so then what happens to our 10 years relationship?

 

 

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Yes, you can do the Utah marriage, but you will still be required to meet in person before you can file.

 

You could write a letter of explanation to accompany the divorce decree, describing your 10 year relationship.  

 

I really don't see any issues with your situation going forward.  Best luck.

[Boiler 46,588]

Where did you get 'married'.

 

Which country is your to be husband from/in?

[powerpuff 6,749]

*** Moved from Progress Reports to Process & Procedures ***

[pushbrk 13,311]

  On 1/11/2024 at 4:33 AM, Boiler said:

Where did you get 'married'.

 

Which country is your to be husband from/in?

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The beneficiary's country and the country in which you first married illegally, definitely matter to the answers to your question.  May or may not make a difference.

[Osee 0]

How so? Mauritian. Malaysia. 

[nastra30 2,473]

I will assume you'll also have to divorce current husband and re-marry him. I might be wrong.

[Osee 0]

  On 1/11/2024 at 1:26 PM, nastra30 said:

I will assume you'll also have to divorce current husband and re-marry him. I might be wrong.

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I don't see how that would be possible considering we no longer live in that country

[Boiler 46,588]

I would discuss the situation with a Family Lawyer where you live as to what if anything needs to be done.

[bakphx1 791]

  On 1/11/2024 at 1:26 PM, nastra30 said:

I will assume you'll also have to divorce current husband and re-marry him. I might be wrong.

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I don’t think you can technically divorce if you weren’t legally married.  It should be annulled though.

[nastra30 2,473]

  On 1/11/2024 at 9:41 PM, bakphx1 said:

I don’t think you can technically divorce if you weren’t legally married.  It should be annulled though.

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Debatable. I'm not saying this applies to op, but in some cultures/circles multiple spouses are legal but in the US it will be bigamy.

[IWander 590]

And since this is in regards to US immigration, US law applies

[nastra30 2,473]

  On 1/11/2024 at 10:40 PM, IWander said:

And since this is in regards to US immigration, US law applies

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Obviously, go back and read my responses as to we are here.