double proxy marriage

[mapletree 33]

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.

Technically you need to have sex to consummate the marriage.

More serious in this case is I believe she said she was pregnant. If they claim they have not consummated / lie / etc. it all goes very wrong very quickly. The child is either evidence of consummation or refutes the legitimacy of the relationship.

While it may be possible to fast track this and get a K-3 before the baby is born, based on the indicated timeline of things (filing a I-129 AFTER the visit / consummation / impregnation ) I would guess she is quite a ways along.

I would guess the plans need to be for a child to be born in the Philippines and then mother and child to obtain visas.

If money is no object, I would hire an attorney and see if something can be done.

[beejay 125]

Technically you need to have sex to consummate the marriage.

Just to clarify, for immigration purposes, to 'consummate' they just need to have met (physically been in the same place) since the proxy wedding. In general, for consummation of proxy marriages USCIS will want proof of having met, not proof of having sex.

To the OP, I think you need to follow the advice given by pushbrk and others. You cannot proceed with the K-1. Withdraw the petition. I think it is advisable to seek legal advice to see if your husband's response to the RFE will cause you problems when you try to file for the CR1.

[pushbrk 13,616]

Technically you need to have sex to consummate the marriage.

In one or some (usually religious) contexts, yes. For immigration purposes, no.

[laurarajesh 0]

I did some research from WIKIPEDIA

Legality

Check also if your destination in the US will recognize double proxy marriage.

Hello

I also did proxi marriage actualy we sopose to call it absent marriage.

and i am in usa.

once you married you married you cant apply for K1.

but you must have to check where your husband resident is means in which state.because some state dont accept absend marriage ( proxi )

[hobbitofohio 10]

Hello

I also did proxi marriage actualy we sopose to call it absent marriage.

and i am in usa.

once you married you married you cant apply for K1.

but you must have to check where your husband resident is means in which state.because some state dont accept absend marriage ( proxi )

A USA proxy is valid in all states, however there is some issue in Kansas, that can cause some problems. Most states do not do such weddings, but accept as valid from a state that does proxy wedding.

The main issue with a none USA proxy wedding is the embassy interview needs to be in the county of the wedding. If the spouse is not from the country doing the proxy wedding, you can end up with issue of added travel. However if you live together and you are bringing the spouse here with you. It is not an issue.

[VanessaTony 3,567]

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.

The reason for the hypothetical is because the OP states that USCIS "told them wrong" (not that it really matters but to address one of her "issues"/concerns). Depends on when he called USCIS. If he called USCIS before the wedding, or before consummation then they told him correct. But then how many people actually include fornication in their explanations?

---

OP - regardless of if USCIS were wrong or not (which they'll never accept accountability for) the wrong visa was filed for and now you need to cancel it and file an I-130.

[pushbrk 13,616]

A USA proxy is valid in all states, however there is some issue in Kansas, that can cause some problems. Most states do not do such weddings, but accept as valid from a state that does proxy wedding.

The main issue with a none USA proxy wedding is the embassy interview needs to be in the county of the wedding. If the spouse is not from the country doing the proxy wedding, you can end up with issue of added travel. However if you live together and you are bringing the spouse here with you. It is not an issue.

Please provide a reference. K3 visas must be issued in the country the wedding took place but CR1 and IR1 visas can only be issued in the foreign visa applicant's country of residence or country of citizenship. To my knowledge this is true regardless of proxy or not.

[hobbitofohio 10]

If the wedding is USA proxy and the couple have consumated the wedding, the k3 is process where every the spouse lives. They would not travel to the USA for an interview to be issued a visa to the USA.

In 2009, I attempted to set up a Greek wedding with my now Russian wife, I was told by the embassy she would need to return to Greece for the interview. We were looking at a k3 at that time.

[pushbrk 13,616]

If the wedding is USA proxy and the couple have consumated the wedding, the k3 is process where every the spouse lives. They would not travel to the USA for an interview to be issued a visa to the USA.

In 2009, I attempted to set up a Greek wedding with my now Russian wife, I was told by the embassy she would need to return to Greece for the interview. We were looking at a k3 at that time.

This is correct for K3 but the K3 visa is virtually impossible to obtain. Otherwise, the information above is correct. Your original statement was not specific to K3. The couple needs to follow the CR1 visa process, where the interview would be in the foreigner's country of residence or citizenship, regardless of where the marriage took place. Your first sentence above applies to both K3 and CR1 because marriages in the USA are the exception to the country of marriage rule for K3.

[karren 0]

Just got done my interview last monday,they do asked about our proxy marriage which is i didnt lied and told them that YES were got married last year through double proxy marriage while he was in Iraq and i was in South Korea,we did consumated the marriage last MAY this year when he came down here in Philippines to visit me.He came bcak in States which is in Junction Kansas were he was moved by the army after in Iraq.He filed the petition there and last June 20 this year,and he also included in his documents that we were married through double proxy and he also send the USCIS his itenerary ticket which mean he came here last May and the hotel weve been stayed for a night so it means the USCIS knows that were married.The USCIS give him RFE i forgot what is that RFE,they appoved his petition last october 25 and forwarded it in Manila,our marriage wasnt recognise here in the Philipines and we dont have marriage certificate here in Philippines also that were both married,our marriage was valid on other part of States,and when he file the petition while he was station in KANSAS he told them already that were married.We never lied with them.The US Embassy didnt asked me much about this proxy marriage,they asked me where im gonna stay when i arrived in the USA since my fiance who was in the military just got moved in Germany 2 weeks ago,i told them my fiance could get leave after i arrived in States and im goin to stay to his Mom in States.I submit the requirements needed during my interview and they gave my appointment interview wtih stamp BIO F/P DONE what is that means?they give me a 221g form which is they asking a missing documents from my Man,which is a photocopy of his INCOME TAX RETURN 2010,i didnt submit it yet because he doesnt have his ITR on his hand because he got moved in Germany and all his stuff and some documents was in the ship.He order or request a copy of it online but it will mailed to his Mom in 5 to 10 bussiness working days..Then he could fax it to the US EMBASSY because this is the fastest way to do than to send it through 2go courier,Do u think i am appoved with my visa?they didnt tell me nothing they just told me that i need to provide the missing documents which is the photocopy of his ITR 2010.And if i could give them the ITR they need,how long is the estimated time before i could recived my visa?i dont know if im approved or not. pls vj friends kindly answer me about me concern if anyone been through with this..thanks a lot

Just got done my interview last monday,they do asked about our proxy marriage which is i didnt lied and told them that YES were got married last year through double proxy marriage while he was in Iraq and i was in South Korea,we did consumated the marriage last MAY this year when he came down here in Philippines to visit me.He came bcak in States which is in Junction Kansas were he was moved by the army after in Iraq.He filed the petition there and last June 20 this year,and he also included in his documents that we were married through double proxy and he also send the USCIS his itenerary ticket which mean he came here last May and the hotel weve been stayed for a night so it means the USCIS knows that were married.The USCIS give him RFE i forgot what is that RFE,they appoved his petition last october 25 and forwarded it in Manila,our marriage wasnt recognise here in the Philipines and we dont have marriage certificate here in Philippines also that were both married,our marriage was valid on other part of States,and when he file the petition while he was station in KANSAS he told them already that were married.We never lied with them.The US Embassy didnt asked me much about this proxy marriage,they asked me where im gonna stay when i arrived in the USA since my fiance who was in the military just got moved in Germany 2 weeks ago,i told them my fiance could get leave after i arrived in States and im goin to stay to his Mom in States.I submit the requirements needed during my interview and they gave my appointment interview wtih stamp BIO F/P DONE what is that means?they give me a 221g form which is they asking a missing documents from my Man,which is a photocopy of his INCOME TAX RETURN 2010,i didnt submit it yet because he doesnt have his ITR on his hand because he got moved in Germany and all his stuff and some documents was in the ship.He order or request a copy of it online but it will mailed to his Mom in 5 to 10 bussiness working days..Then he could fax it to the US EMBASSY because this is the fastest way to do than to send it through 2go courier,Do u think i am appoved with my visa?they didnt tell me nothing they just told me that i need to provide the missing documents which is the photocopy of his ITR 2010.And if i could give them the ITR they need,how long is the estimated time before i could recived my visa?i dont know if im approved or not. pls vj friends kindly answer me about me concern if anyone been through with this..thanks a lot

[pushbrk 13,616]

Just got done my interview last monday,they do asked about our proxy marriage which is i didnt lied and told them that YES were got married last year through double proxy marriage while he was in Iraq and i was in South Korea,we did consumated the marriage last MAY this year when he came down here in Philippines to visit me.He came bcak in States which is in Junction Kansas were he was moved by the army after in Iraq.He filed the petition there and last June 20 this year,and he also included in his documents that we were married through double proxy and he also send the USCIS his itenerary ticket which mean he came here last May and the hotel weve been stayed for a night so it means the USCIS knows that were married.The USCIS give him RFE i forgot what is that RFE,they appoved his petition last october 25 and forwarded it in Manila,our marriage wasnt recognise here in the Philipines and we dont have marriage certificate here in Philippines also that were both married,our marriage was valid on other part of States,and when he file the petition while he was station in KANSAS he told them already that were married.We never lied with them.The US Embassy didnt asked me much about this proxy marriage,they asked me where im gonna stay when i arrived in the USA since my fiance who was in the military just got moved in Germany 2 weeks ago,i told them my fiance could get leave after i arrived in States and im goin to stay to his Mom in States.I submit the requirements needed during my interview and they gave my appointment interview wtih stamp BIO F/P DONE what is that means?they give me a 221g form which is they asking a missing documents from my Man,which is a photocopy of his INCOME TAX RETURN 2010,i didnt submit it yet because he doesnt have his ITR on his hand because he got moved in Germany and all his stuff and some documents was in the ship.He order or request a copy of it online but it will mailed to his Mom in 5 to 10 bussiness working days..Then he could fax it to the US EMBASSY because this is the fastest way to do than to send it through 2go courier,Do u think i am appoved with my visa?they didnt tell me nothing they just told me that i need to provide the missing documents which is the photocopy of his ITR 2010.And if i could give them the ITR they need,how long is the estimated time before i could recived my visa?i dont know if im approved or not. pls vj friends kindly answer me about me concern if anyone been through with this..thanks a lot

No, your visa has not yet been approved. BIO and F/P DONE means they took your fingerprints. It would be highly irregular to issue a K1 visa to a married person.

[Deputy Purple 1,294]

No, your visa has not yet been approved. BIO and F/P DONE means they took your fingerprints. It would be highly irregular to issue a K1 visa to a married person.

Even if they did, I don't think that I would even consider using the visa.

K-1 Entrants require Adjustment of Status based on marriage to the petitioner within 90 days of POE. Since the Beneficiary & Petitioner are already married if they marry again it will not be a valid marriage. The whole Immigration process would unravel the second USCIS realizes the mistake that was made and the Beneficiary & Petitioner are the ones who will suffer the penalties for that mistake.

[pushbrk 13,616]

Even if they did, I don't think that I would even consider using the visa.

K-1 Entrants require Adjustment of Status based on marriage to the petitioner within 90 days of POE. Since the Beneficiary & Petitioner are already married if they marry again it will not be a valid marriage. The whole Immigration process would unravel the second USCIS realizes the mistake that was made and the Beneficiary & Petitioner are the ones who will suffer the penalties for that mistake.

Entirely correct, of course. However, I'll add for clarity (if not clear already) that the consequences up to and probably including deportation and a lifetime ban from entering the USA can occur at any time, even years after the arrival on the wrong visa. Use of a K1 visa requires its holder be unmarried at entry. For a married person to use a K1 visa to enter the USA is fraud by material misrepresentation, even if they committed no fraud in obtaining it. It's a mess. Don't use the visa if issued. I doubt it will be issued anyway. You were told this some time ago.