I need your help about proxy marriage. (merged)

[nica1309 0]

 

Im From the Philippines currently in a Refugee Visa (G1 -visa)  in South Korea,and my Fiancee is a US army man from United states of America. We are both in South Korea right now and we want to get married, Because his in military,marriage in korea is a long process.we dont like to do the lengthy Process. 

He told me that the best option he see is the Proxy Marriage. 

 

My concern is 

• After we get the Marriage License can i process it in the US embassy in South Korea? Or do i need to go home and do the process of my IR1 or CR1 in the Philippines.
• Does Doing Proxy marriage and having official Marriage License might cancel my Refugee visa in South Korea? Because I'm hoping i can stay while processing my CR1 or IR1 in south Korea and while waiting for it i can still do part time jobs and save a little before going to US.
• Does a Proxy Marriage License will be recognize by the Philippine Law? Because i need to Register our Marriage License in the Philippines as my Fiancee want to have Dual  Citizenship and own some property in the Philippines.
• How long is the process of CR1 or IR1 for me to be able to fly to US? 
• What are the other problem or conflict that we need to consider and be prepared of? 
•  

[ALittleBritish 91]

According to the USCIS website: https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html

  (A)     Proxy Marriages 
  Section 101(a)(35)     of the Act provides that the term "spouse", "wife", or "husband" does not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage has been consummated. (Note: Consummation of a marriage can only occur after the ceremony, there is no such thing as “pre-consummation” of a marriage.)                

 (B)     Validity of a Marriage Celebrated in a Foreign Country  
              One may normally presume the validity of a marriage upon presentation of a marriage certificate, duly certified by the custodian of the official record. As a general rule, the validity of a marriage is judged by the law of the place of celebration. If the marriage is voidable but no court action to void the marriage has taken place, it will be considered valid for immigration purposes. However, if a marriage is valid in the country where celebrated but considered offensive to public policy of the United States, it will not be recognized as valid for immigration purposes. Plural marriages fall within this category.                

 

What I understand from this is that if you do a proxy marriage, it must be legally recognized where it takes place and it must be consumated to comply with section (A). So you will have to find out if proxy marriages are legal in South Korea if that's where you intend to do it. Someone else on VJ may know more about this.

 

I don't know anything about Refugee status but the current wait time for the CR1/IR1 category is 12 - 14 months. 

Edited February 7, 2018 by ALittleBritish
Clarification

[pushbrk 12,146]

A proxy marriage must be a legal marriage, which is later consumated.  I've only seen problems from people who tried US Immigration after proxy marriage.  You have the rest of your life to be together.  My advice is to marry "conventionally".  Of course the PSA, recognizes legal marriages that occur outside the Philippines.

Edited February 7, 2018 by pushbrk

[Cyberfx1024 7,978]

30 minutes ago, nica1309 said:

 

Im From the Philippines currently in a Refugee Visa (G1 -visa)  in South Korea,and my Fiancee is a US army man from United states of America. We are both in South Korea right now and we want to get married, Because his in military,marriage in korea is a long process.we dont like to do the lengthy Process. 

He told me that the best option he see is the Proxy Marriage. 

 

My concern is 

• After we get the Marriage License can i process it in the US embassy in South Korea? Or do i need to go home and do the process of my IR1 or CR1 in the Philippines.
• Does Doing Proxy marriage and having official Marriage License might cancel my Refugee visa in South Korea? Because I'm hoping i can stay while processing my CR1 or IR1 in south Korea and while waiting for it i can still do part time jobs and save a little before going to US.
• Does a Proxy Marriage License will be recognize by the Philippine Law? Because i need to Register our Marriage License in the Philippines as my Fiancee want to have Dual  Citizenship and own some property in the Philippines.
• How long is the process of CR1 or IR1 for me to be able to fly to US? 
• What are the other problem or conflict that we need to consider and be prepared of? 
•  

A couple things here you need to know. Your fiance will not be able get any kind of citizenship in the Pinas. Also he will not be able to own land in Philippines either, you  can because your a citizen.

The current process for a CR1 visa is 12 months.

If your fiance is there in Korea y'all can get married there a proxy marriage is not necessary at all. It is only used if you lived far apart and due to circumstances can't see each other.

 

You need to worry about if the USA would recognize it and not the Philippines. Where in Pinas are you from po?

Edited February 7, 2018 by cyberfx1024

[usmsbow 796]

1. As long as you are a legal resident of South Korea, you can stay there during the duration of the IR1/CR1 process, and you'd have your visa interview at the US Embassy in Seoul. 

2. That's a South Korea immigration question. This is probably not the best site to answer that particular question. 

3. I have no idea.

4. I think it is currently 12-14 months for the IR/CR1 process.

5. I don't know, but USCIS doesn't recognize it, which is more important given your situation. 

 

You're both in South Korea. Is it really that difficult to get married there?

 

And per the US Embassy's website (https://kr.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/getting-married/):

 

A note to military Members: USFK military personnel should consult with the battalion/squadron or equivalent level commander in your chain of command of your intent to marry, and comply with the procedures in the USFK regulation on International Marriages in Korea, to include the execution of USFK Form 165 (Affidavit of Eligibility for Marriage) with the Judge Advocate.

 

 

 

 

[Crazy Cat 39,369]

31 minutes ago, usmsbow said:

A note to military Members: USFK military personnel should consult with the battalion/squadron or equivalent level commander in your chain of command of your intent to marry, and comply with the procedures in the USFK regulation on International Marriages in Korea, to include the execution of USFK Form 165 (Affidavit of Eligibility for Marriage) with the Judge Advocate.

I second that!!!  When I was a young Airman about a hundred years ago.....(actually in 1972), I had to report to my squadron commander and ask permission to marry my wife........I'm sure things are different today's military, but in this particular situation, a visit to the base legal office would be prudent....

[Ontarkie 13,922]

~~Duplicate threads merged.~~

[Boiler 43,583]

Why would it be a lengthy process?

[Cyberfx1024 7,978]

55 minutes ago, Boiler said:

Why would it be a lengthy process?

I was wondering that as well. It would be the same process timeline if it was regular or proxy marriage.

[Boiler 43,583]

Whole thing sounds odd, wondered if there is a communication issue.

[JFH 12,189]

What happened to the K-1 you started? 

[Shauneg 762]

Look into Montana marriages by proxy.  For military they require neither party to be present in Montana or even the U.S. for that matter.....Just some signatures on a paper notarized.

[Cyberfx1024 7,978]

18 minutes ago, Shauneg said:

Look into Montana marriages by proxy.  For military they require neither party to be present in Montana or even the U.S. for that matter.....Just some signatures on a paper notarized.

The thing is that by and large they are not recognized by the USCIS at all. I think there was one a couple years ago that was recognized but only because the guy ended up dying in Combat with the Army, his mother fought on her behalf because they ended up having a child together. I have to find the story again.

[Shauneg 762]

Just now, cyberfx1024 said:

The thing is that by and large they are not recognized by the USCIS at all. I think there was one a couple years ago that was recognized but only because the guy ended up dying in Combat with the Army, his mother fought on her behalf because they ended up having a child together. I have to find the story again.

I can name 5 couples right now who have personally used it and had zero issues. Even my now wife, who is Filipina was married that way. She has since remarried to me....joined the Air Force as is a citizen. 

[Cyberfx1024 7,978]

3 minutes ago, Shauneg said:

I can name 5 couples right now who have personally used it and had zero issues. Even my now wife, who is Filipina was married that way. She has since remarried to me....joined the Air Force as is a citizen. 

The key thing is if they were consummated or not. If they were not then yes there is a problem.