double proxy marriage

[TeapotGirl 66]

do u think it wouldnt caused by denying my k1 visa if i told them that were married and im on the k1 visa?

Yes they will deny it and it may cause more harm thinking that you lied.

do u think it wouldnt caused by denying my k1 visa if i told them that were married and im on the k1 visa?Does the USCIS make a mistake by tellin my husband that k1 visa is the good one for me,since were married through double proxy and we already consumated it and im pregnant right now.,or should i say tht im not married bcos he admit already that he wasnt married and were planning for our marriage after my 90 days arrival in States if ever they give me a US VISA.. any answer would be appreciated.,

They may have made a mistake. Have you called more than once and they all said the same thing? If the are suggesting you to file a divorce first then do that. Did you meet in person before the said marriage?

Edited November 14, 2011 by teapotgurl1983

[TeapotGirl 66]

However your meeting in person after the wedding makes the k1 the wrong form to file.

Why is that so? The guy is the one that flew in the Philippines to see her.

[hobbitofohio 10]

Why is that so? The guy is the one that flew in the Philippines to see her.

He needs to bring her to the USA on a cr1. USA law will accept a proxy wedding as valid, if valid in the location of the wedding. This true for everything but a visa. USA will not give spouse status for a visa until the couple meets in person. Once they meet in person the wedding is valid by USA law for the visa. It does not matter who flew where. It only matters that the couple are together.

[hobbitofohio 10]

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/documents/organization/86920.pdf

[TeapotGirl 66]

USA will not give spouse status for a visa until the couple meets in person. Once they meet in person the wedding is valid by USA law for the visa. It does not matter who flew where. It only matters that the couple are together.

We had to file all papers as stating we are married, but on the k1. However your meeting in person after the wedding makes the k1 the wrong form to file.

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.

So you are saying that it should have been spousal visa since they consummated after the marriage and

it could have been okay for K-1 if the guy didn't fly to the Philippines?

Edited November 14, 2011 by teapotgurl1983

[hobbitofohio 10]

So you are saying that it should have been spousal visa since they consummated after the marriage and

it could have been okay for K-1 if the guy didn't fly to the Philippines?

Yes spouse visa since consumated. Yes k1 if the guy did not meet her. It did not matter where, but it matters that it is after the proxy wedding. Meeting after the proxy wedding makes the k1 NOT the correct visa.

[TeapotGirl 66]

Yes spouse visa since consumated. Yes k1 if the guy did not meet her. It did not matter where, but it matters that it is after the proxy wedding. Meeting after the proxy wedding makes the k1 NOT the correct visa.

Oh I see...that's very educational post. Great that someone who had been through the process was able to shed a light for the OP and for those who will come across with this thread. Thank you

[Leatherneck 693]

Karren,

Under no circumstances do you attend that interview and lie to the CO. Your double proxy marriage has been consummated, therefore, for immigration purposes you're married. A K-1 is not the proper visa for you. Had you not consummated the double proxy marriage, then the K-1 would have been proper.

It was suggested that you withdraw the K-1, the petitioner should write a letter explaining he was confused early on in the process as to the proper petition to file. Make it clear in the letter the petitioner was merely confused and did not attempt to cancel or misrepresent a material fact.

Indicate you have a better understanding of the proper petition to file, and you plan to submit a I-130.

Why attend an interview for a K-1 when you're married?, I would cancel that interview then start the process over.

[TeapotGirl 66]

Karren,

Under no circumstances do you attend that interview and lie to the CO. Your double proxy marriage has been consummated, therefore, for immigration purposes you're married. A K-1 is not the proper visa for you. Had you not consummated the double proxy marriage, then the K-1 would have been proper.

It was suggested that you withdraw the K-1, the petitioner should write a letter explaining he was confused early on in the process as to the proper petition to file. Make it clear in the letter the petitioner was merely confused and did not attempt to cancel or misrepresent a material fact.

Indicate you have a better understanding of the proper petition to file, and you plan to submit a I-130.

Why attend an interview for a K-1 when you're married?, I would cancel that interview then start the process over.

[hobbitofohio 10]

Karren,

Under no circumstances do you attend that interview and lie to the CO. Your double proxy marriage has been consummated, therefore, for immigration purposes you're married. A K-1 is not the proper visa for you. Had you not consummated the double proxy marriage, then the K-1 would have been proper.

It was suggested that you withdraw the K-1, the petitioner should write a letter explaining he was confused early on in the process as to the proper petition to file. Make it clear in the letter the petitioner was merely confused and did not attempt to cancel or misrepresent a material fact.

Indicate you have a better understanding of the proper petition to file, and you plan to submit a I-130.

Why attend an interview for a K-1 when you're married?, I would cancel that interview then start the process over.

You are 100% correct on this.

[Girl from Celebes 588]

You should not lie to them. You are married. It is a USA wedding from the state of Montana. Had you not consumated the wedding you would use a k1, but even then you would still file as married. It is not seen as valid for spouse visa until consumated. Your wedding is consumated. You need to come to the USA on a normal visa for a spouse. You will need show proof of being together after wedding. Other wise all paper work is the same as a normal wedding.

I married by proxy and brought my wife to the USA. We had to use K1 because we had not consumated the wedding. We had to file all papers as stating we are married, but on the k1. However your meeting in person after the wedding makes the k1 the wrong form to file.

What if they are both met in person but did not consummated the marriage? What I read about that proxy marriage about consummated the marriage means they already had sex and make it a legally marriage. Does it mean they still choose spousal visa for en route to US after meeting?

Edited November 14, 2011 by Girl from Celebes

[pushbrk 13,512]

What if they are both met in person but did not consummated the marriage? What I read about that proxy marriage about consummated the marriage means they already had sex and make it a legally marriage. Does it mean they still choose spousal visa for en route to US after meeting?

The OP states they consummated the marriage, so end of story on that. They need to withdraw the I-129F petition and file a new I-130 for a spouse visa process, after consulting a qualified immigration attorney. Without full knowledge of the details on how he answered the RFE, we have no way to know whether they are already in a material misrepresentation situation. Only a qualified immigration attorney can advise them on that.

Just adding that nobody actually cares or verifies whether they had sex. They just had to be together in person after the proxy marriage was completed.

Edited November 14, 2011 by pushbrk

[reymets10 5]

What if they are both met in person but did not consummated the marriage? What I read about that proxy marriage about consummated the marriage means they already had sex and make it a legally marriage. Does it mean they still choose spousal visa for en route to US after meeting?

They will make an assumption that the marriage was consummated when 2 married people are in the same place at the same time. In this case, however, there is no questioning it was consummated. The OP is stating it was. Not only that but the OP is 6 months pregnant. The government can find out that her husband visited in May, which is 6 months ago, when the OP became pregnant. There is no trying to deny the fact that the marriage was consummated.

Which visa was right for them depended upon what point the OP's husband called USCIS to ask. If he called before May, they probably told him to file K1 since the marriage would not be recognized since it was a proxy and not consummated. The OP took their advice and filed K1, which would have been right if he filed before May. He went to visit his wife in May, consumatted their marriage so now the marriage ceremony is legal and they can no longer file the K1 since the OP is already married. More than likely he didn't know that going to PI was going to make the K1 petition invalid.

I agree with the poster that said find a good immigration attorney. This could lead to further complications and you two will probably need help.

[Girl from Celebes 588]

They will make an assumption that the marriage was consummated when 2 married people are in the same place at the same time. In this case, however, there is no questioning it was consummated. The OP is stating it was. Not only that but the OP is 6 months pregnant. The government can find out that her husband visited in May, which is 6 months ago, when the OP became pregnant. There is no trying to deny the fact that the marriage was consummated.

Which visa was right for them depended upon what point the OP's husband called USCIS to ask. If he called before May, they probably told him to file K1 since the marriage would not be recognized since it was a proxy and not consummated. The OP took their advice and filed K1, which would have been right if he filed before May. He went to visit his wife in May, consumatted their marriage so now the marriage ceremony is legal and they can no longer file the K1 since the OP is already married. More than likely he didn't know that going to PI was going to make the K1 petition invalid.

I agree with the poster that said find a good immigration attorney. This could lead to further complications and you two will probably need help.

Definitely very complicated when immigration attorney start to involved the process.

[pushbrk 13,512]

They will make an assumption that the marriage was consummated when 2 married people are in the same place at the same time. In this case, however, there is no questioning it was consummated. The OP is stating it was. Not only that but the OP is 6 months pregnant. The government can find out that her husband visited in May, which is 6 months ago, when the OP became pregnant. There is no trying to deny the fact that the marriage was consummated.

Which visa was right for them depended upon what point the OP's husband called USCIS to ask. If he called before May, they probably told him to file K1 since the marriage would not be recognized since it was a proxy and not consummated. The OP took their advice and filed K1, which would have been right if he filed before May. He went to visit his wife in May, consumatted their marriage so now the marriage ceremony is legal and they can no longer file the K1 since the OP is already married. More than likely he didn't know that going to PI was going to make the K1 petition invalid.

I agree with the poster that said find a good immigration attorney. This could lead to further complications and you two will probably need help.

No need to deal with hypotheticals here, The OP stated in the first post, "but then after here in Philippines he came back in States and he filed a petition for me which is K1 visa,".

He should have filed an I-130 because the marriage was then consummated.

Edited November 14, 2011 by pushbrk