Recently Married By Proxy.......

[Rodrique 3]

Good day to all my fellow VJ members,

I recently married my fiancee by way of a proxy marriage here in the US in the good ole state of Texas, she was not present as the proxy stood for her and all notarized documents giving permission to do so were verified before hand. I am a resident of NC and my wife is a Brazilian National. I have researched and found that these marriages are recognized for immigration as long as they are consummated. I am going to Rio on the 31st of this month to spend some time with my wife and then return to start the CR-1 visa process. I would like to know from all anything that you have experienced that will help me, the average time it took to receive the Consulate interview and what all I will need as far as forms and their preparation to make this process as smooth as possible. She speaks no english, but I can speak Portuguese and I am 18 years older than her. I will go to the interview with her when she receives it to prove the validity of our marriage. All responses are welcome and experiences from Rio Consulate interviewees are greatly appreciated.

Thanks to you all.

[Anh map 2,098]

Proxy marriages have not had a good visa track record here on VJ. There have been some long, drawn out failed visa attempts.

Showing up doesn't prove validity. The CO will evaluate the entire relationship start to finish. So be sure that your spouse is well prepared for the interview. Do some reading in the Latin America regional forum to learn about the specifics of Rio.

Best of luck.

[NigeriaorBust 4,087]

The marriage isn't recognised until it is comsumated , so you can't file until after your trip when you could have just had a regular marriage in her home country. Most proxy marriages roughly double the timeline to a visa if they result on one, only about 1/4 do. You are looking at a slow road to a visa.

[Anh map 2,098]

*moved from Bringing Family Members of US Citizens forum to IR1/CR1 forum*

Duplicate post removed. No need to post in multiple forums.

Edited August 6, 2011 by Anh map

[Rodrique 3]

Thanks for the info guys, and yes getting married in her home country was my plan, unfortunately I would need at least a 3 month vacation to do this as you must file an intent to marry with the Cartorio there and wait 45 days, then file for a marriage license which takes an additional 30 days, at which point you can then have a civil ceremony to have a lawful marriage. I do not have this kind of time as I am a working man.

I asked the Dept of State about proxy marriages and it is legal after it has been consummated, then and only then is it recognized.

Why I ask is this process so lengthy as it is done regularly by military personnel and it is lawfully recognized by the Dept of State in their own laws?

Is there a forum here that discusses this topic?

Thanks again

[Penguin_ie 5,993]

A forum to discuss why the process is so long? I suppose you could try Politics, but it would get heated. The reason is bureaucracy and funding- the actual process only takes a few days, most of the waiting is while your file sits on someone's desk waiting to be processed.

The others are correct, proxy marriages do have an extra hurdle. If you can visit several times, and also proof your visits before the wedding with boarding passes etc that will help.

[Rodrique 3]

Thank you for your reply Penguin.

I have only been there once before our marriage, and yes I do have my boarding passes. I met her there while on vacation in November of 2010. We have been in constant contact ever since and decided recently to marry.

Why do proxy marriage visa attempts fail, are they looked upons as a villianous way to enter the US and are scrutinized that much more? Has anyone else here married in this manner and can give me some guidance and/or their experience on this subject....... I am getting confused now, should I wait and show that I have been there several tines before I file?

All replies are welcome, thanks.

[keysjangle 145]

Hi OP. I'm just curious about proxy marriage - I didn't even know it was possible. Not here to judge, but I'm just wondering why you had to do it? Was your wife unable to travel at the time? Again, no malicious intention, just curious

[Done--Really 331]

You can still file for a K-1 visa since the marriage isn't recognized by the immigration folks until it is consummated. If you can't travel to her very soon, this may be the most logical step.

[sara..... 371]

i have not read all of the reply's to your post but.........you have already done proxy marriage so here in the USA yes is legal......but......for immigration purposes its a long road to travel and you can not do k1 now because you have proxy marriage here in the USA......my suggestion is you do some visiting not just once but a few times and stay as long as you can keep your receipts on anything from hotels to eating out to purchase of clothing or anything for your wife...get a lot of pics with you and your wife and your wife's family...because this is going to be looked on very hard by the service center your going to need more proof than most that its a marriage that is true and on going.......it also would not hurt to get statements from your wife family about the marriage....maybe have a celebration like a reception when you go there with loads of pics with family and friends

just my opinion

sara

[NigeriaorBust 4,087]

Proxy marriages are many times used to get around certain laws. Both immigration and otherwise. Immiraton is very big about cultural standards and you get extra hassles for anything that isn't inside those standards hence you have created what is called a red flag. The process can be full of these, an older woman marrying a much younger man , racial differences, huge educational differences, marrying after a short meeting, the list goes on. There was a member here about a year ago that used a proxy marriage and her NOA2 took over a year ( she filed before comsumatng it ) I am not sure if they got a visa, I don't remember a posting that they were succesful. Many proxy marriages forget the consumation part and file and those are riddled with scammers who think they have found a way around immigration law ( and having to sleep with their "spouse" they indend on leaving ) You may have found a quick way to be married but it will not be a quick way to immigrate,

[bigdog 376]

Good day to all my fellow VJ members,

I recently married my fiancee by way of a proxy marriage here in the US in the good ole state of Texas, she was not present as the proxy stood for her and all notarized documents giving permission to do so were verified before hand. I am a resident of NC and my wife is a Brazilian National. I have researched and found that these marriages are recognized for immigration as long as they are consummated. I am going to Rio on the 31st of this month to spend some time with my wife and then return to start the CR-1 visa process. I would like to know from all anything that you have experienced that will help me, the average time it took to receive the Consulate interview and what all I will need as far as forms and their preparation to make this process as smooth as possible. She speaks no english, but I can speak Portuguese and I am 18 years older than her. I will go to the interview with her when she receives it to prove the validity of our marriage. All responses are welcome and experiences from Rio Consulate interviewees are greatly appreciated.

Thanks to you all.

History has not been good here with the whole Proxy deal, Just get married in Brazil, good luck Everyone here who try to beat the system has issues, it seems.

Hi OP. I'm just curious about proxy marriage - I didn't even know it was possible. Not here to judge, but I'm just wondering why you had to do it? Was your wife unable to travel at the time? Again, no malicious intention, just curious

Right on.

[Rodrique 3]

Thanks to all of you for the information and replies. I am not going to file until I have consummated my marriage, and I truly look forward to doing this. Thanks NigeriaorBust, but I will not make the mistake that the lady did that you spoke of. My wifes family is looking forward to meeting me and are planning a "grande festa" for us when I get there.

I have purchased gifts for all and I will keep receipts and will take photos of me giving the gifts. Thanks Sara for the input there. Gervl, it is very difficult to marry in her country due to the length to obtain permission to do this. 45 days to register your "Intent To Marry" another 30-45 days to obtain the license and then a civil ceremony from the municipality that can perform this.......very time consuming. I must work and at most my vacation is 3 weeks.

I understand the "red flags" and people trying to scam the system to get here. Proxy marriage recognition was designed to aid here for our military to bring their spouse and children here, but I see how it has been exploited and used for mal purposes. I only want to conform to the letter of the law and its' requirements. With much anticipation and desire I look forward to consummating my marriage in every sense of the word. My wife's family is very anxious to meet me and are waiting with open arms to welcome me into the family. I will obtain letters (notarized) from the family attesting to their knowledge of our marriage and anything I can give the governing agency to demonstrate the validity of our marriage. I even tried to add her to my bank accounts, but they said without a S.S. Card or Tax ID number they could not permit this. Here is a quote from the FAM MANUAL from the Dept of State:

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 40.1 Notes Page 1 of 18

9 FAM 40.1 NOTES

(CT:VISA-1614; 01-07-2011) (Office of Origin: CA/VO/L/R)

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.)

I only want to do what is correct and follow the guidelines to obtain a CR-1 visa for my wife. I will be diligent in all of my endeavors and will consult with you guys for your help. Thanks a bunch and please continue to reply.......

[canuckbos 10]

Thanks to all of you for the information and replies. I am not going to file until I have consummated my marriage, and I truly look forward to doing this. Thanks NigeriaorBust, but I will not make the mistake that the lady did that you spoke of. My wifes family is looking forward to meeting me and are planning a "grande festa" for us when I get there.

I have purchased gifts for all and I will keep receipts and will take photos of me giving the gifts. Thanks Sara for the input there. Gervl, it is very difficult to marry in her country due to the length to obtain permission to do this. 45 days to register your "Intent To Marry" another 30-45 days to obtain the license and then a civil ceremony from the municipality that can perform this.......very time consuming. I must work and at most my vacation is 3 weeks.

I understand the "red flags" and people trying to scam the system to get here. Proxy marriage recognition was designed to aid here for our military to bring their spouse and children here, but I see how it has been exploited and used for mal purposes. I only want to conform to the letter of the law and its' requirements. With much anticipation and desire I look forward to consummating my marriage in every sense of the word. My wife's family is very anxious to meet me and are waiting with open arms to welcome me into the family. I will obtain letters (notarized) from the family attesting to their knowledge of our marriage and anything I can give the governing agency to demonstrate the validity of our marriage. I even tried to add her to my bank accounts, but they said without a S.S. Card or Tax ID number they could not permit this. Here is a quote from the FAM MANUAL from the Dept of State:

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 40.1 Notes Page 1 of 18

9 FAM 40.1 NOTES

(CT:VISA-1614; 01-07-2011) (Office of Origin: CA/VO/L/R)

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.)

I only want to do what is correct and follow the guidelines to obtain a CR-1 visa for my wife. I will be diligent in all of my endeavors and will consult with you guys for your help. Thanks a bunch and please continue to reply.......

My husband was able to get a supplementary credit card in my name and add me to his bank accounts, and as his life insurance beneficiary. I did the same on my side. We sent copies of the cards and the bank statements as proof of our relationship along with our I130 and had no troubles.

Good Luck

[Casprd 167]

Seems like you've dug yourself a bit of a hole here. As you have heard from many here, even though a proxy marriage that is subsequently consumated is legal in the eyes of the DOS, that doesn't mean you will get a visa. Even a traditional marriage doesn't always result in a visa. Just because they say they will treat it as a marriage doesn't mean the VO will see it as a bona fide relationship and you have a bit of an uphill battle now. I understand the length of time you talk about for getting married in Brazil, but many people do this without any issues or long vacations. Not sure how they do it, maybe multiple trips or they travel to a third country and get married there and have it registered. All that is beside the point as now the horse has bolted and closing the barn door does no good.

Going forward you just need to keep in mind that you have an uphill battle and go above and beyond with providing evidence that it is a bona fide marriage. I don't know how strict the consulate in Brazil is so you probably need to do some checking in the regional forum to get info from people who have dealt with this consulate. As for time lines, typically a CR-1 takes about 8 to 10 months. It could be running a little longer now, but that is the general rule of thumb.