Proxy Marriage

[USDZ 0]

Hello. If my spouse and I married by proxy would we need to go the K1 or K3 route? I believe, although we have a marriage license, that we are considered as "engaged" by the U.S. immigration unless the marriage was consumated after the date on the license. And I have not seen my husband after this time.

[Dan J 277]

Hello. If my spouse and I married by proxy would we need to go the K1 or K3 route? I believe, although we have a marriage license, that we are considered as "engaged" by the U.S. immigration unless the marriage was consumated after the date on the license. And I have not seen my husband after this time.

Any marriage would send you down the K-3 or CR-1 route. But I don't think a proxy marriage is enough to meet the requirements of a marriage visa. Well the marriage itself may, but you may have to meet each other in person afterwards at a minimum.

Edited January 11, 2008 by Dan + Gemvita

[pushbrk 14,450]

Hello. If my spouse and I married by proxy would we need to go the K1 or K3 route? I believe, although we have a marriage license, that we are considered as "engaged" by the U.S. immigration unless the marriage was consumated after the date on the license. And I have not seen my husband after this time.

http://www.hooyou.com/marriage/unacceptable.html

5. Proxy marriage

A proxy marriage is a marriage where the parties were not physically present in the presence of each other. A proxy marriage is generally not accepted under immigration laws unless it is subsequently consummated. However, a party of an unconsummated proxy marriage may enjoy immigration benefits as a fiancé, such as applying for a K-1 visa, if the opposite party is a U.S. citizen,.

[JJWashington 0]

seems odd

[Sylvia_n_Joseph 3]

To go K1 they need to have been physically together in the last 2 years right ?

[Krikit 1,166]

To go K1 they need to have been physically together in the last 2 years right ?

[diadromous mermaid 36]

To go K1 they need to have been physically together in the last 2 years right ?

except .....

"if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K-1 beneficiary's foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day." INA § 214.2(k)(2).

[Krikit 1,166]

except .....

"if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K-1 beneficiary's foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day." INA § 214.2(k)(2).

Just curious.... have you ever seen or heard of a K-1 visa being granted under these circumstances?

[diadromous mermaid 36]

except .....

"if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K-1 beneficiary's foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day." INA § 214.2(k)(2).

Just curious.... have you ever seen or heard of a K-1 visa being granted under these circumstances?

They do exist and there are exceptions to the 2 year meeting requirement that are made sometimes for individuals that under active military orders or deployed to locations where civil unrest could place either party in jeopardy. You can find citations for some older cases in the AAU.

[Krikit 1,166]

They do exist and there are exceptions to the 2 year meeting requirement that are made sometimes for individuals that under active military orders or deployed to locations where civil unrest could place either party in jeopardy. You can find citations for some older cases in the AAU.

Thanks.

[pushbrk 14,450]

They do exist and there are exceptions to the 2 year meeting requirement that are made sometimes for individuals that under active military orders or deployed to locations where civil unrest could place either party in jeopardy. You can find citations for some older cases in the AAU.

Thanks.

I recall one being reported here in the past few months.

[USDZ 0]

Thank you all for your informative replies.

[sarahaziz 0]

very unsafe route to go I say go meet the fiance/wife/husband Face to face and then file and wait the horrible long times we are all suffering

[lucyrich 20]

Are you saying you've NEVER met in person? Or at least not met in the past two years? Do you fulfill the K-1 requirement of having met in person within the two years before you file the petition?

I think a waiver of the "meeting in person within the past two years" requirement would be hard to attain for a couple that was already legally married by proxy, since I can't think of a religion or cultural tradition that forbids spouses from meeting each other in person after they've gone through a marriage ceremony. A waiver might be granted based on the "extreme hardship" clause, but those aren't granted unless it's really demonstrated that the hardship is genuinely extreme. You'd have to show it's impossible to meet in both his country, her country, and any third country.

You've eventually got the correct answer that a K-3 isn't available to you until after the marriage is consummated. The K-1 is available, assuming you meet the requirements.

If you've met in person within the past two years, you could go ahead and file for a K-1. If you go the K-1 route, remember that as soon as you consummate the marriage, you're legally married in the eyes of the USCIS, and he's ineligible to enter on the K-1, so you'd have to start over via the K-3 route. So stay away from each other until after he enters the US.

From an immigration standpoint, the easiest thing is probably to plan a honeymoon somewhere, save your travel documents, and file for a K-3.

[marryme 0]

Seems you may have to file for K-1 any ways.. proxy marriage sounds kinda funny to me..

any ways.. good luck to you..