Unconsummated proxy marriage

[Blessed.us.z 1]

We were married by Utah online wedding and it has not yet been consummated. and we not eligible to apply Spousal visa bcs of unconsummated marriage. So we apply K1 visa and got approved by USCIS.

 

Now our case is in transit to the embassy and we want to start filling DS-160 Form but confused with our status on the DS-160. Should i state that on US Contact page that he is my spouse or fiance? 

 

Does anyone ever experience this and know how to fill the DS-160 properly? Thank you and please let us know

 

[smilingstone 167]

How could you apply (and be approved) for a K1 if you're married?

 

If you married before I-129F approval from USCIS, you have voided your petition.

If you married after I-129F approval, you have also voided your petition.

 

If you are legally married, then you need to state that he is your spouse, but surely this will only result in rejection and instruction to apply for the CR1? 

 

Why didn't you just marry, meet and then apply for CR1?

 

Either way, I would hazard a guess that you are now "too married" for a K1, being that you are married...

Edited August 18 by smilingstone

[Boiler 45,445]

Spouse

 

You are just not eligible to file a CR1

[Blessed.us.z 1]

29 minutes ago, smilingstone said:

How could you apply (and be approved) for a K1 if you're married?

 

If you married before I-129F approval from USCIS, you have voided your petition.

If you married after I-129F approval, you have also voided your petition.

 

If you are legally married, then you need to state that he is your spouse, but surely this will only result in rejection and instruction to apply for the CR1? 

 

Why didn't you just marry, meet and then apply for CR1?

 

Either way, I would hazard a guess that you are now "too married" for a K1, being that you are married...

Because we are eligible for K1 Visa. Proxy marriage that has not been yet consummated (which means no meeting yet after the weeding) is not a valid marriage in immigration law. It writes on fam.state.gov and for immigration purpose we are eligible for K1. That's why we apply for a K1 and got approved. I've seen the case like this before on visajourney and they succesfully got the K1 visa. That's why we are seeking help for DS-160 from people that might know the case like us or experience it.

[Blessed.us.z 1]

6 minutes ago, Boiler said:

Spouse

 

You are just not eligible to file a CR1

Thank you so much 😊

[Boiler 45,445]

7 minutes ago, Blessed.us.z said:

Because we are eligible for K1 Visa. Proxy marriage that has not been yet consummated (which means no meeting yet after the weeding) is not a valid marriage in immigration law. It writes on fam.state.gov and for immigration purpose we are eligible for K1. That's why we apply for a K1 and got approved. I've seen the case like this before on visajourney and they succesfully got the K1 visa. That's why we are seeking help for DS-160 from people that might know the case like us or experience it.

I have not seen any cases like this on VJ that were successful.

[Blessed.us.z 1]

14 minutes ago, Boiler said:

I have not seen any cases like this on VJ that were successful.

I've seen this 

And this

 

 

[Blessed.us.z 1]

36 minutes ago, Blessed.us.z said:

I've seen this 

And this

 

 

Also this one 

 

 

[Crazy Cat 41,810]

6 hours ago, Blessed.us.z said:

Should i state that on US Contact page that he is my spouse or fiance? 

You are legally married in the state of Utah.  Spouse is the correct answer.  

 

I hope you will keep us updated.  This is an extremely uncommon situation.  Your experience will be valuable to those who follow you in the world of US immigration.

Note:  There have been many, many K-1 cases denied at the interview due to being "too married" for a K-1, but not married enough for a CR-1".  

 

Edited August 18 by Crazy Cat

[Crazy Cat 41,810]

1 hour ago, Blessed.us.z said:

I've seen this 

And this

 

 

John and Rose met after the Utah marriage.  I am very familiar with their case.  Their K-1 was denied, so they married, met, then filed for a spousal visa. I don't recall anyone having done what you propose to do.  Perhaps you will be the first since I have been here.

[nastra30 2,284]

6 hours ago, Blessed.us.z said:

So we apply K1 visa and got approved by USCIS. - Did you state in the I-129F that you are married?

 

Now our case is in transit to the embassy and we want to start filling DS-160 Form but confused with our status on the DS-160. Should i state that on US Contact page that he is my spouse or fiance?  - Spouse, you are married. 

 

 

[Blessed.us.z 1]

58 minutes ago, Crazy Cat said:

John and Rose met after the Utah marriage.  I am very familiar with their case.  Their K-1 was denied, so they married, met, then filed for a spousal visa. I don't recall anyone having done what you propose to do.  Perhaps you will be the first since I have been here.

I've seen people that have same situation like me and got succesful with K1. Here's the link 

i've been following the information he gave for unconsummated proxy marriage.

 

Also before we apply K1 we already email the embassy about our condition (unconsummated proxy marriage) and they say we are eligible for K1 and US citizen can send petition to USCIS.

 

After sending petition to USCIS, we got approved without any RFE.

 

but now im kinda confused with DS-160 form bcs for US Contact page and Family Page i should list him and the relationship with him should i state he is a spouse or fiance. Since we are unconsummated and in immigration law we are not valid marriage until we consummate it.

[Blessed.us.z 1]

45 minutes ago, nastra30 said:

 

Yes i state that we are married but has not been yet consummated, i also send the marriage certificate. And send proof that we never met after the online marriage.

[nastra30 2,284]

12 minutes ago, Blessed.us.z said:

Yes i state that we are married but has not been yet consummated, i also send the marriage certificate. And send proof that we never met after the online marriage.

Ok, great. So state on the DS-160 that you are married to match the I-129F application. And at the interview explain the circumstances like you did with USCIS. You have an unusual situation but it seems you have idea what needs to be done. Keep us informed.

Good luck.

Edited August 18 by nastra30

[Blessed.us.z 1]

13 minutes ago, nastra30 said:

Ok, great. So state on the DS-160 that you are married to match the I-129F application. And at the interview explain the circumstances like you did with USCIS. Good luck.

Thank youuu sooo muccch for your help 😊