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Posted
Bob4Anna- I agree with your advice but do you think there will be any problems because the USC husband has already stated to USCIS (not sure in what form but it sounds like in response to an RFE) that they weren't married? Do you see it as something that could cause problems when filing the CR-1?

Well since the Beneficiary didn't lie I think she's probably safe.

It sounds like the Petitioner was confused when he interacted with USCIS regarding the Marriage {or not} and the I-129f Petition.

I wouldn't be surprised if they are asked about the aborted I-129f process but doubt it would be a big problem if they explain that they were confused because there is a lot of confusion & misinformation regarding the legality of Proxy Marriages.

I do not think that the proxy marriage got any bearing with the immigration process since the OP married the guy in the Philippines. It's just a wrong visa. Bob4anna is right. They should stop the process and start all over.

Actually per the OP the consummation was in the Philippines but the Proxy Wedding was in Montana with the Bride physically in Korea and the Groom physically in Iraq. Still their physical locations and the location of the consummation are irrelevant.

Filed: Citizen (apr) Country: Australia
Timeline
Posted (edited)
Then He came visit me last MAY this year here in Philippines were is my country is,and we did consumated our marriage,but then after here in Philippines he came back in States and he filed a petition for me which is K1 visa,

now i am 6 months pregnant and my visa case is already here in the embassy in manila and im goin to set an interview by nextweek,

Because he told the USCIS that were married through proxy and the USCIS told them that he have to divorce first befor he could file k1 visa, thats why when the USCIS send him an RFE he said that he just had a mistake tellin them that were married since they want us to get divorce 1st before he could file an K1 visa,

But since my Man file a K1 visa which is the USCIS told him that this is the right one for me, he never attach our marriage certf,

Do i have to tell them tht were married or just tell that i never got married and were planning to do our marriage before 90 days of my arrival in States?

Okay so I had to dissect your post. It ran together and was very confusing.

When did he get the RFE? (You don't have a timeline). So basically you were issued an RFE. He lied and said you weren't married. You are now pregnant which consummates the proxy marriage and serves as proof this occurred in May.

I take back my previous opinion that this won't be a problem. He lied to USCIS. Had he admitted it when he got the RFE it might have all been okay.

You also say USCIS told you this was the visa for you, maybe before consummation so when did you file?

You can't lie to USCIS. They might not have proof right now that you're married, but they can find it even YEARS from now and revoke your resident status and even citizenship for the lie.

Edited by Vanessa&Tony
Filed: K-1 Visa Country: Philippines
Timeline
Posted

Actually per the OP the consummation was in the Philippines but the Proxy Wedding was in Montana with the Bride physically in Korea and the Groom physically in Iraq. Still their physical locations and the location of the consummation are irrelevant.

That's how i understand it too..they are still married in the Philippines.. I dunno if the proxy marriage matters but the point is they did it correctly in PI. .what bring 2 marriage contracts?

Happy New Year!

Posted

That's how i understand it too..they are still married in the Philippines.. I dunno if the proxy marriage matters but the point is they did it correctly in PI. .what bring 2 marriage contracts?

The word consumation is what is tripping you up here.

Consumation is not a legal process but a physical act between 2 people....not involving the government. There is only 1 marriage certificate.

:)

:ot2:

Filed: K-1 Visa Country: Philippines
Timeline
Posted (edited)

The word consumation is what is tripping you up here.

Consumation is not a legal process but a physical act between 2 people....not involving the government. There is only 1 marriage certificate. :)

:ot2:

You are right on.

That's how i understand it too..they are still married in the Philippines.. I dunno if the proxy marriage matters but the point is they did it correctly in PI. .what bring 2 marriage contracts?

Now I got confused..anyway just take CR1 route and see if they will accept it. Make sure also that the destination State recognizes it.

The OP didn't elaborate if they have physically met before the "double proxy" marriage.

Edited by teapotgurl1983

Happy New Year!

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

That's how i understand it too..they are still married in the Philippines.. I dunno if the proxy marriage matters but the point is they did it correctly in PI. .what bring 2 marriage contracts?

They weren't married in the Philippines. They were married by double proxy in Montana. Double proxy means neither of them were actually present at the wedding. One person acted as a proxy for the bride and another as a proxy for the groom. The actual bride was in the Philippines, and the actual groom was in Iraq. A double proxy marriage is valid in the state of Montana and recognized elsewhere in the United States, but only after the marriage has been consummated. The term "consummated" means they had sex after the wedding. They only thing they did in the Philippines was had sex.

The government of the Philippines doesn't recognize proxy weddings, but that doesn't matter. The US government does recognize them if the marriage has been consummated, and they're asking the US government for the visa.

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12/29/2009 - Married in Oakland, CA!

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Filed: Other Country: China
Timeline
Posted

I hope you could help me VJ to answer all the question i had and i dont even know the right answer of it,I got married though double proxy marriage in Montana with my US CITIZEN fiance while he was in Iraq that time and i was in Korea,he was under deployment and we decided to get married through double proxy,Then He came visit me last MAY this year here in Philippines were is my country is,and we did consumated our marriage,but then after here in Philippines he came back in States and he filed a petition for me which is K1 visa,do u think thats the right visa for me?since were married through proxy but it wasnt recognize by the immigration purposes here in my country,now i am 6 months pregnant and my visa case is already here in the embassy in manila and im goin to set an interview by nextweek,i am confused and i dont wanna lie if they ask me if i am married already and i dont know what should i answer them,?do i have to tell them that were married already through proxy marriage?are they gonna find out that were married?Because he told the USCIS that were married through proxy and the USCIS told them that he have to divorce first befor he could file k1 visa,thats why when the USCIS send him an RFE he said that he just had a mistake tellin them that were married since they want us to get divorce 1st before he could file an K1 visa,now our petition was got approved and im scared if this is the right visa for me,But since my Man file a K1 visa which is the USCIS told him that this is the right one for me,he never attach our marriage certf,Do i have to tell them tht were married or just tell that i never got married and were planning to do our marriage before 90 days of my arrival in States?theres a lot in my mind and i dont wanna get deny in this visa especially im pregnant and were having our baby.pls give me some answer vj friends..thanks and appreciate any answer.

Never lie on an immigration form or to an immigration or Consular officer. K1 is for a fiancee, not for a spouse. Who is it your husband was supposed to divorce?

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Filed: Timeline
Posted

Never lie on an immigration form or to an immigration or Consular officer. K1 is for a fiancee, not for a spouse. Who is it your husband was supposed to divorce?

I got married through double proxy and my US Citizen husband applied K1 visa,he was trying to apply I-130 but the immigration said that our marriage wasnt recognize by immigration purposes,on the 1st place while he was applying a K1 visa for me,he told the USCIS that were married but the USCIS told him that he have to divorce me 1st before he could apply a K1 visa,thats why he called the USCIS and told them that were not married and he just got confused and making a mistakes,but then the USCIS approved our K1 VISA,my question is do i have to tell the us embassy here that were already married but im scared it would caused for denying my visa.,Is there anyway they could find out that were married already through doule proxy?its really been hard for both of us bcs his been asking some help and question what kind of visa he has to apply the immgration said it was K1 VISA..my main concern is if i have to tell them that were married already,do u think it would caused by denying me in my visa?pl answer me VJ i need help and answer..

Filed: Timeline
Posted

I got married through double proxy and my US Citizen husband applied K1 visa,he was trying to apply I-130 but the immigration said that our marriage wasnt recognize by immigration purposes,on the 1st place while he was applying a K1 visa for me,he told the USCIS that were married but the USCIS told him that he have to divorce me 1st before he could apply a K1 visa,thats why he called the USCIS and told them that were not married and he just got confused and making a mistakes,but then the USCIS approved our K1 VISA,my question is do i have to tell the us embassy here that were already married but im scared it would caused for denying my visa.,Is there anyway they could find out that were married already through doule proxy?its really been hard for both of us bcs his been asking some help and question what kind of visa he has to apply the immgration said it was K1 VISA..my main concern is if i have to tell them that were married already,do u think it would caused by denying me in my visa?pl answer me VJ i need help and answer..

pushbrk's thanks for the response appreciate it,.im just new here and im glad some people who got knowledge about visa could help people like me,by answering their questions..thanks a lot.

Filed: Timeline
Posted

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.,

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

**** several replies from other topics merged into this one. Please make your own topic once and do not post your issue as a reply to other topics, thank you! *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: K-1 Visa Country: Russia
Timeline
Posted

You can not file for a k1. Your proxy wedding was a consumated. A k1 will be turned down. Had you not seen each other after the proxy wedding, you would need to do the k1. If he filed the k1, he needs to refile. Remember to bring to the interview proof of having seen each other after the wedding.

Congradulations!

Filed: K-1 Visa Country: Russia
Timeline
Posted (edited)

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.,

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.

Edited by hobbitofohio
 
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