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Might have to get a proxy...

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If things work out in 2 weeks with the interview( so freaking nervous) my fiance is arriving at my mom's because I don't have a place off post yet. The problem is I dont know when I will get a chance to go marry her and it will be pushing time to get her here in a plane from MD being she is almost 7 months... However I am in Colorado , and they allow Proxy marriage, I seen them advertised online for like another 1000$ , Really hoping not to do that!But it would be helpful for me if I could get one when she gets here , so I can at least have her on my benefits before the birth of our daughter.... Has anyone ever had experience with this ?

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Bad idea. USCIS does NOT recognize proxy marriages unless the marriage has been consummated after the marriage took place (which for them means that the couple has been in the same place together after the marriage). You'd have to see her anyway after the proxy marriage in order for it to be legal for USCIS, so you might as well find a place that you can marry quickly - in person together.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Will the military reconize it ? I plan on seeing her after the marriage of course. I just don't know if I will be able to do it before the baby is born , and I can't fly her here , get married , and fly her back untill I get a apartment, then fly her back again.

I was going to marry by proxy , get the benefits , then fly her here when I have the apartment .... that won't work?

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I just found this somewhere , from state.gov

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.

...pretty much its gibberish to me.

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Filed: Other Country: China
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Are you going to meet her when she arrives? Do a quick civil ceremony then.

MD does not allow proxy marriages.

Edited by Operator
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What you found says what I said. A proxy marriage is NOT recognized unless the couple meets in person after the marriage. That means if you get a proxy marriage your marriage is not valid until you meet in person after the marriage.

So, if you have to meet anyway in order to get a "real" marriage, it's better to get married in person when you meet. A proxy marriage does not give any "benefits" for USCIS. She won't be your spouse for USCIS and you will fail the requirement of her K-1 visa, which is to get married in 90 days.

The military won't let you have a few days leave at least in order to get married?

In simple terms: this is a bad plan for a million reasons. Think of another solution that involves getting married in person within the 90 days.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: IR-1/CR-1 Visa Country: Egypt
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I just found this somewhere , from state.gov

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.

...pretty much its gibberish to me.

this is in regards to an immigrant visa, like a spouse in another country and not a fiance that came here on a nonimmigrant visa.

I think I would still do the proxy marriage to get her insurance benefits but she will have a preexisting condition and insurance may not cover the birth anyhow.

Please email or call someone at uscis in your town to get the right answer of recognizing a proxy marriage in the usa if you are in the military. I think they would accept it. But I know a few married couples from India it did not get accepted. But you have to consumate the marriage after the certificate is on file at the courthouse.

May 24, 2011 NOA1

Sept 11, 2011 NOA2-took 19 days to get case number

Sept 30, 2011 NVC number and IIN received Friday-gotta wait till Monday

Oct 13, 2011 Case Completed- 13 days from receiving case number Took 32 days from NOA2

Nov 30, 2011 Notified of Interview date

January 19, 2012 Interview- 240 days from NOA1

INTERVIEW RESULTS-APPROVED WITH 14 WEEKS AP--but he got his visa in 56 days!!!!!!

PLEASE EDIT YOUR TIMELINE IN YOUR PROFILE SO OTHERS CAN LEARN HOW LONG EACH STEP TAKES IN THIS PROCESS

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Filed: K-1 Visa Country: Vietnam
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Are you going to meet her when she arrives? Do a quick civil ceremony then.

MD does not allow proxy marriages.

Alright, this is not going to be easy because you will have to spend some money first. I was in the same situation about a month ago where my fiancee was on her way over and I still lived in the barrack. I ended up got an apartment, paid for the first month and deposit. By the time she got here, the house ready. We went to the court and got married (4 days after she landed). G1/S1 helped us out couple days later with paperwork for the the military side. Or you can get an on-post hotel for her ($55/day)..until you get a house/apartment (on/off post)

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Filed: Citizen (apr) Country: Belarus
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Can you meet her at your mom's house? Get married and fly back to your post? These proxy things don't bode well for immigration purposes and to go this far and then have something go possible wrong, is not worth it.

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How about a Space-A flight? How much leave time do you have saved? Ask for a long weekend maybe?

K-1 Journey

03-03-2011 - Mailed I-129F application.

03-06-2011 - Packet received in Texas.

03-23-2011 - NOA1 received in mail, dated 03-09-2011.

05-31-2011 - RFE requested. They want better passport pictures of me.

06-06-2011 - Additional passport pics sent.

06-08-2011 - Evidence received and acknowledged. Whew!

06-16-2011 - NOA2 received!

07-20-2011 - Packet 3 Received!

08-01-2011 - Packet 3 returned to Embassy.

08-22-2011 - Packet 4 Received!

09-19-2011 - Interview...APPROVED!

09-23-2011 - Visa in Hand

09-29-2011 - POE LAX

11-11-2011 - Wedding at 11:11pm GMT time.

AOS Journey

12-02-2011 - Mailed in AOS/EAD/AP paperwork.

12-05-2011 - Delivery confirmation per USPS.

12-27-2011 - (3) NOA I-797C received, dated 12-20-2011. Biometrics appt set.

01-10-2012 - Biometrics.

01-20-2012 - Notified of interview appointment for 2-21-2012.

01-31-2012 - EAD and AP approved.

02-08-2012 - EAD/AP card received.

02-21-2012 - AOS interview approved. EAD/AP card confiscated.

03-01-2012 - Green Card in hand!!!

364 days total time!

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As others have said you will run into problems in the immigration process with a Proxy Marriage.

Your best bet would be to meet her at your Mom's and marry her in person. This would allow you to follow the rest of your plan.

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Either postpone her arrival a month or so and get the off base living situation cleared up or have her stay with your Mother and see if you can meet her to get married before the 90 days after her entry into the US is up. She has 6 months to use the K-1 visa to enter the US on. I would suggest she remain in her country until things are settled on your end in regards to living arrangments, but the baby's birth abroad would add another wrinkle to the problem. It might be cheaper to have the baby in her country and then get a passport of the child as a USC and bring them both to the US before her K-1 expires.

Good luck,

Dave

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If things work out in 2 weeks with the interview( so freaking nervous) my fiance is arriving at my mom's because I don't have a place off post yet. The problem is I dont know when I will get a chance to go marry her and it will be pushing time to get her here in a plane from MD being she is almost 7 months... However I am in Colorado , and they allow Proxy marriage, I seen them advertised online for like another 1000$ , Really hoping not to do that!But it would be helpful for me if I could get one when she gets here , so I can at least have her on my benefits before the birth of our daughter.... Has anyone ever had experience with this ?

for this money $1000, i would rather have her fly to where you are... have her stay in a reasonable hotel then have a military wedding (you do have a chaplain at your base, do you?)... then after that she can go back to your mom's house until you get settled...

or vise versa, get time off if you can, go home, marry her then go back to your post...

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Its not so simple to just take leave, You can't just take it outside a block leave unless its death of a family or you get a red cross message.. I was going to get married Proxy here I n Colorado because it is one of the one 4 states that it is legal ( the other being Montana , Texas and California ). And because I could get married and get her on the Army benefits , After marriage the army allows you ten days to get settled in with your spouse. Its hard to just go get a apartment when your not making BAH or marriage pay. Of course after wards I could go get her , and if she couldn't fly I could drive her with the U Haul. I really don't want to have the baby abroad considering that was the main reason I put in for a expedite, And I would really like to see my first child born here, and I really would like not to pay a big hospital bill because I couldn't get to her in time. I thought about the whole get a hotel and send her here , but who knows how long it may take to get a apartment to be ready to be moved in... Anyway, Thanks for all your help and advise , I wanted to call the court house here and immigration but by the time i get off work its to late.

If its not one thing its always another...

~chad

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Filed: Timeline

The risk is so big with proxy marriages.

Worst scenario?

http://www.msnbc.msn.com/id/32891829/ns/us_news-life/t/marines-widow-baby-immigration-limbo/

The USCIS is not proxy marriage friendly. IF the UCSIS gets grouchy, you might spend more money and wait longer time than not being married and not having BAH

One more thing, hospitals are much cheaper in the Philippines. There are many good private and public(state) hospitals that do not charge much but have good services.

Edited by Kang
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