proxy marriage

[Lexxin 0]

For the K-1 visa process it says do not get married while waiting for

K-1 visa.

What about proxy marriage? (while waiting) It's not going to be consummated until she gets to US.

any ideas?

I am in the military that's why. So start getting military benefits.

Thanks

[Anh map 2,098]

Proxy marriage is a very tough path for immigration. Why not just get married and petition for a spousal visa? You can marry anywhere in the world.

[tom&tanya 48]

If you are legally married you can't apply for K-1 visa,

If you say you are married, even if you are not, you run the risk that USCIS might take you at your word and you will be denied a K-1 Visa.

[Barbara J 115]

For the K-1 visa process it says do not get married while waiting for

K-1 visa.

What about proxy marriage? (while waiting) It's not going to be consummated until she gets to US.

any ideas?

I am in the military that's why. So start getting military benefits.

Thanks

NO freaking way get married or wait

[IzaKing 0]

My Fiance is in the military and we had our 129F expedited - it's moving pretty quickly. Time from filing to my interview date is just around 5 months.

[Jojo92122 1,924]

You are either married or you are not. You can not be a little bit married for one purpose and not others. It's like being a little bit pregnant. There's no shade of gray when it comes to being married.

In order to qualify for the K1 visa, the beneficiary MUST NOT BE MARRIED AND BE FREE TO MARRY. Your wife would not be free to marry, so she cannot qualify for the K1 visa.

Edited June 28, 2011 by Jojo92122

[Lexxin 0]

That's what I was thinking. But wanted to know what other people think about it.

I just don't understand how the firms that advertise proxy marriages suggest

to get proxy married and use marriage license in K-1 visa application process

to show seriousness of the intent.

[hobbitofohio 10]

We did a proxy wedding as we waited for the k1. If you need help with process we will be happy to help with some suggestions.

The K-1 forms and information on the site do not cover the unconsummated proxy wedding. I suggest the following information be added.

=================================================

The cover letter for the I-129f should add the following:

I have entered into a proxy marriage which has not yet been consummated. For this reason, pursuant to USCIS requirements, I am applying for a K-1 visa, and not a K-3 visa. Thank you for your attention to this item.

====================================================================

Used in place of Statement of intent to marry with the K-1.

Statement of My Intent to Consummate Proxy Marriage

I, _______________________________________________, hereby affirm my intent to consummate my proxy marriage to _______________________________________________, my spouse, solemnized on_____________________.

I intend to consummate our marriage within 90 days of the admission, to the United States of America, of myself/my spouse, specifically named here: _______________________________________________.

My Address is:

My Telephone Number is:

Signed this _______ day of ______________________, 20_________

X____________________________________________________

==================================================================================

Cover note for Embassy forms and support documents

Note Regarding Proxy Marriage

PLEASE NOTE:

I, the applicant, have entered into a proxy marriage which has not yet been consummated. For this reason, pursuant to USCIS requirements, I am applying for a K-1 visa, and not a K-3 visa.

Thank you for your attention to this item.

Sincerely,

X_______________________________________

In all dealing with the government always give them a copy of the above and ALWAYS GIVE THEM A COPY OF THE FOLLOWING:

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas states:

9 FAM 40.1 N1.3 Proxy Marriage

9 FAM 40.1 N1.3-1 Consummated

(CT:VISA-1000; 09-03-2008)

For the purpose of issuing an immigrant visa (IV) to a “spouse”, a proxy

marriage that has been subsequently consummated is deemed to have been

valid as of the date of the proxy ceremony. Proxy marriages consummated

prior to the proxy ceremony cannot serves as a basis for the valid marriage

for immigration purposes.

9 FAM 40.1 N1.3-2 Unconsummated

(CT:VISA-1165; 03-06-2009)

A proxy marriage, that has not been subsequently consummated, does not

create or confer the status of “spouse” for immigration purposes pursuant to

INA 101(a)(35). A party to an unconsummated proxy marriage may be

processed as a nonimmigrant fiancé(e). A proxy marriage celebrated in a

jurisdiction recognizing such marriage is generally considered to be valid,

thus, an actual marriage in the United States is not necessary if such alien is

admitted to the United States under INA provisions other than as a spouse.

(See 9 FAM 41.81 N1.1.)

http://www.state.gov...ation/86920.pdf

9 FAM 41.31 N14.2 Proxy Marriage

(CT:VISA-701; 02-15-2005)

A spouse married by proxy to an alien in the United States in a

nonimmigrant status may be issued a visitor visa in order to join the spouse

already in the United States. Upon arrival in the United States, the joining

spouse must apply to the DHS for permission to change to the appropriate

derivative nonimmigrant status after consummation of the marriage.

http://www.state.gov...ation/87206.pdf

=============================================

If the proxy marriage (unconsummated) does not confered by Immigration the status of spouse, then you can not apply for a K-2/CR-1. The immigrating spouse need be processed as a nonimmigrant fiancee (K-1). The couple are legally married at the time of the proxy wedding. They need to comsummate the marriage within 90 days after POE. If marriage is consummated before POE, cr1/k-3 is used because status of spouse is confered.

You will also need to bring the details to the adjustment of status interview. Save every paper from the wedding and bring to the interview. The Columbus Oh office did not believe a Texas wedding was even legal if done as a proxy. They also needed to be given a copy of the U.S. Department of State Foreign Affairs Manual Volume 9 information of the proxy weddings with link to offical government website.

[hobbitofohio 10]

That's what I was thinking. But wanted to know what other people think about it.

I just don't understand how the firms that advertise proxy marriages suggest

to get proxy married and use marriage license in K-1 visa application process

to show seriousness of the intent.

At the k1 interview in Moscow, it did show very serious intent. They did not look at the emails, phone record or photographs. They saw the marriage license and supporting papers for the marriage. They checked the support papers. Ask her a few simple questions and told her approved.

You are either married or you are not. You can not be a little bit married for one purpose and not others. It's like being a little bit pregnant. There's no shade of gray when it comes to being married.

In order to qualify for the K1 visa, the beneficiary MUST NOT BE MARRIED AND BE FREE TO MARRY. Your wife would not be free to marry, so she cannot qualify for the K1 visa.

You are not giving correct information.

[hobbitofohio 10]

I forgot add the following: the interview needs to happen in the country of the wedding. If the wedding is a USA proxy wedding, the interview is in the country where she lives.

Edited June 28, 2011 by hobbitofohio

[belinda63 3,039]

What you are proposing is doable but it can cause some complications as you are married but have not consummated the marriage. I know it would be great to start getting that extra money sooner but why take a chance of delaying the visa due to confusion for a little ( ) money?

[Used to be broken 147]

I forgot add the following: the interview needs to happen in the country of the wedding. If the wedding is a USA proxy wedding, the interview is in the country where she lives.

I hope the OP keeps in mind this could just have easily turned into a nightmare if the CO did not know the letter of the law .

I would not recommmend doing something so clearly out of the norm since there are so many other factors than can throw a curveball into the process.

[sara..... 371]

I have not read all of the reply's but......its a catch 22...... marriage must be consummated to be able to apply for marriage visa........k-1 both parties need to be free to marry......in this case they would not be because they are already legally married .......

you cant lie about not being married and apply for k-1 visa (someone will always let the beans out).....

i dont know seems like a big pain to me (seriously looked at this option when i was engaged to perviz)

i wish you all the luck and hope everything works out for you

just my opinion

sara

[Casprd 167]

I think people are confusing the confusing a proxy marriage with a religious marriage where the couple are together and get married in a church or temple but don't file the papers. A proxy marriage is completely differnt and by definition is not a "real" marriage, because one person is not present. As long as the country where it occurs does not recognize the proxy marriage as legally binding. then it could very well serve the purpose you are intending it to serve. In the US, some states recognize it but the marriage would have to take place in that jurisdiction for it to be an issue. The previous poster who did this in Russia is a good example and I would imagine Ukraine is very similar. First thing is to check in Ukraine to see if this is allowed and if it is considered as a legally binding marriage.

[Lexxin 0]

Like someone said its probably doable but is it worth it?

Relationship is more important to me than a few bucks and if

it could lead to a visa denial it would be a disaster.

Thanks for your input hobbitofohio.

Turned out to be a good discussion