CR-1 Questions

[missmyhubby 0]

Hello everyone, I have some questions about the CR-1. My husband and I meet on the Internet We fell in love and got married June of 2009. We only got married by papers. We did not have a "Wedding". And i have never been to his country to meet him. We talk on Email. phone, on webcam everyday. and we know we love each other. But i dont know if i can file for a CR-1 becuase we have not had a wedding with a wedding dress and such. When he comes here we will have a small party with my family. But a wedding party is not important to us. I know when my case reaches the embessy in his country they will want pictures of are wedding. But we only got married on papers. I dont want to start it just to get denyed cuz we dont have pictures.

Thanks everyone.

[Mononoke28 135]

Hello everyone, I have some questions about the CR-1. My husband and I meet on the Internet We fell in love and got married June of 2009. We only got married by papers. We did not have a "Wedding". And i have never been to his country to meet him. We talk on Email. phone, on webcam everyday. and we know we love each other. But i dont know if i can file for a CR-1 becuase we have not had a wedding with a wedding dress and such. When he comes here we will have a small party with my family. But a wedding party is not important to us. I know when my case reaches the embessy in his country they will want pictures of are wedding. But we only got married on papers. I dont want to start it just to get denyed cuz we dont have pictures.

Thanks everyone.

You can't file for him because you haven't consummated your marriage, as per the I-130 filing instructions. It doesn't matter if you had a wedding or not, the important thing is that you consummated your marriage after all the paperwork was filed. Please see the instructions for the I-130 found in the USCIS site.

Who May Not File This Form I-130?

You may not file for a person in the following categories:

4. A husband or wife, if you and your spouse were not both physically present at the marriage ceremony, and the marriage was not consummated.

Diana

[payxibka 10,045]

Immigration law does not recognize unconsumated proxy marriages

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.)

Edited January 15, 2010 by payxibka

[♥Muslimqueen♥ 2]

You can't file for him because you haven't consummated your marriage, as per the I-130 filing instructions. It doesn't matter if you had a wedding or not, the important thing is that you consummated your marriage after all the paperwork was filed. Please see the instructions for the I-130 found in the USCIS site.

Who May Not File This Form I-130?

You may not file for a person in the following categories:

4. A husband or wife, if you and your spouse were not both physically present at the marriage ceremony, and the marriage was not consummated.

Diana

But i got my Uncle to be there for me in my place. they told us if i cant be there i have to send some signed paper work to get certafied so that i can give my uncle can be there in my place.

Sorry if im not understading.

Thanks again.

[Lia792 5]

I thought you could do a K-1 for a proxy marriage.

But you have to have met in person in the last 2 years for visa eligibity. Definitely for the K-1 and I believe for the others as well.

Edited January 15, 2010 by Lia792

[payxibka 10,045]

But i got my Uncle to be there for me in my place. they told us if i cant be there i have to send some signed paper work to get certafied so that i can give my uncle can be there in my place.

Sorry if im not understading.

Thanks again.

what you are missing is the "consumation" part..... You have not consumated the marriage... and your uncle cannot do that for you...

Edited January 15, 2010 by payxibka

[♥Muslimqueen♥ 2]

what you are missing is the "consumation" part..... You have not consumated the marriage... and your uncle cannot do that for you...

I already Got threw USICS and am on the last stage of NVC. im just worred about when it gets to then embsey, If you say my marriage is not "consumation" why did USICS approve me? and why am i almost done with NVC?

[payxibka 10,045]

probably becasue the marriage by proxy was not understood by the USCIS. Petition approval does not guaranty visa issuance. The consulate can refuse the visa when these facts come out.

I would be very nervous about the outcome of the visa interview.

[♥Muslimqueen♥ 2]

probably becasue the marriage by proxy was not understood by the USCIS. Petition approval does not guaranty visa issuance. The consulate can refuse the visa when these facts come out.

I would be very nervous about the outcome of the visa interview.

...ok. so if i was not there my marrige is by proxy. there are diffrent customs diffrent countrys do things. this is so annyoing.

[payxibka 10,045]

proxy by definition is using someone who is authorized to act on your behalf in your absence. A stand in. In this situation it was your uncle.

Edited January 15, 2010 by payxibka

[♥Muslimqueen♥ 2]

proxy by definition is using someone who is authorized to act on your behalf in your absence. A stand in. In this situation it was your uncle.

Yes, But i went and saw my hubby after and we had are wedding. The orignal poster has not ever seen her husband.

Dose this change anything?

[payxibka 10,045]

Yes, But i went and saw my hubby after and we had are wedding. The orignal poster has not ever seen her husband.

Dose this change anything?

sorry about that thought you were the OP...

I assume you can prove you were in each others presence and therefore had the opportunity to "consumate" the marriage. If/when that happened, then the spousal relationship was created and you should be OK.

Edited January 15, 2010 by payxibka

[♥Muslimqueen♥ 2]

sorry about that thought you were the OP...

I assume you can prove you were in each others presence and therefore had the opportunity to "consumate" the marriage. If/when that happened, then the spousal relationship was created and you should be OK.

Ow ok thats good. Yah i had to have my uncle go and be the proxy cuz i was unable to travil then but then we went and did are wedding. I hope this wont be a problem. Thankd again.

[mrs. wife! 3]

Hello everyone, I have some questions about the CR-1. My husband and I meet on the Internet We fell in love and got married June of 2009. We only got married by papers. We did not have a "Wedding". And i have never been to his country to meet him. We talk on Email. phone, on webcam everyday. and we know we love each other. But i dont know if i can file for a CR-1 becuase we have not had a wedding with a wedding dress and such. When he comes here we will have a small party with my family. But a wedding party is not important to us. I know when my case reaches the embessy in his country they will want pictures of are wedding. But we only got married on papers. I dont want to start it just to get denyed cuz we dont have pictures.

Thanks everyone.

As others have told you, you can not file for CR1 if you have never seen your husband/consummate the wedding. Try to find a way for him to travel and meet you, or you can go to his country and meet him.

After that you can file the CR1 and show proof that you were with him (pictures, passport stamps, hotel, etc.)

Good luck!

[sachinky 465]

Proxy marriages are not recognized for immigration purposes.