Proxy marriage, not consummated

[Florealia 0]

I am Dutch, maried by proxy with an American Citizen, marriage never consumated, due to the fact that he is imprisoned still. Apparently i cant use I-130, but need to use a I-129F ? What way would be for us the best way to go ? IR-1/Cr 1. or the K-visa's ? Or any other suggestion perhaps ? Lillian

[Pitaya 2,576]

~Moved from K-1 Process to What Visa Do I Need Forum~

~inquiry about family visas~

[aaron2020 11,651]

Have you met face to face?

[JohnR! 5,495]

I am Dutch, maried by proxy with an American Citizen, marriage never consumated, due to the fact that he is imprisoned still. Apparently i cant use I-130, but need to use a I-129F ? What way would be for us the best way to go ? IR-1/Cr 1. or the K-visa's ? Or any other suggestion perhaps ? Lillian

Lilian, the USCIS does not recognize marriage by proxy where the marriage was not consummated, for the purpose of spousal visa, which means that the CR/IR route is a no-go.

Lnk: http://www.uscis.gov/iframe/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html

(A) Proxy Marriages .

Section 101(a)(35) of the Act provides that the term "spouse", "wife", or "husband" does not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage has been consummated. (Note: Consummation of a marriage can only occur after the ceremony, there is no such thing as “pre-consummation” of a marriage.)

Also, the I-129 - for fiance visa - carries the requirement that the two of you should have met in person, at least once, in the past two years:

Link: http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html

Edited June 19, 2014 by Gegel

[Caryh 5,206]

Lilian, the USCIS does not recognize marriage by proxy where the marriage was not consummated, for the purpose of spousal visa, which means that the CR/IR route is a no-go.

Lnk: http://www.uscis.gov/iframe/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html

(A) Proxy Marriages .

Section 101(a)(35) of the Act provides that the term "spouse", "wife", or "husband" does not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage has been consummated. (Note: Consummation of a marriage can only occur after the ceremony, there is no such thing as “pre-consummation” of a marriage.)

Also, the I-129 - for fiance visa - carries the requirement that the two of you should have met in person, at least once, in the past two years:

Link: http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html

Wouldn't the I-129F now be closed to them, even if they met, because in her country she's married, but its not a valid marriage to file an I-130 with?

[JohnR! 5,495]

Wouldn't the I-129F now be closed to them, even if they met, because in her country she's married, but its not a valid marriage to file an I-130 with?

Ah, yes... I missed that... Good catch!

[Florealia 0]

Yes, we kinow eachother ,a nd have met numerous times face to face, for the last 7 years. They told us that we needed the I-129 F document, and then place an extra dosument in it, with the marriage certificate, and a explanation that we are already married, in the USA, and in that state, Texas, its a marriage that is seen as a real one. For the visa they have other views

The reason i ask is that i get totally lost in it all, there seem to be 2 ways to get it done and i dont know which one would be best

[belinda63 2,981]

The spousal visa is out since USCIS will never recognize your marriage because it was not consummated.

The I-129F is a possibility but you would need to explain that you never consummated the marriage and will not be able to prior to entering the US. I would also include a copy of the regulation that shows your marriage is not recognized for immigration purposes. Even with all this it is a possibility you would be denied because you are "married".

[Caryh 5,206]

Yes, we kinow eachother ,a nd have met numerous times face to face, for the last 7 years. They told us that we needed the I-129 F document, and then place an extra dosument in it, with the marriage certificate, and a explanation that we are already married, in the USA, and in that state, Texas, its a marriage that is seen as a real one. For the visa they have other views

The reason i ask is that i get totally lost in it all, there seem to be 2 ways to get it done and i dont know which one would be best

You've got an unusual situation, but it appears you know what you're doing. A couple links that may help you.

note the mention of an unconsummated marriage by proxy using the I-129F

http://damascus.usembassy.gov/visas/immigrant-visas/k1-visas-fiance/es.html

this is a little dated, but what you're doing sounds like the correct path.

https://answers.yahoo.com/question/index?qid=20101020223602AAJLW3x

[Florealia 0]

Thanks for the advice ! Much appreciated !

[Lemonslice 4,559]

I don't want the details, but when is he getting out? Isn't there any "consummation" requirement before you file to adjust your status after you enter the United States (if you go the K1 way)?

[Darnell 8,478]

some prisons in texas do set up conjugal visits for spouses - I would suggest inquiring with the prison he is in and trying to set that up. sure - it means another plane ride into Texas but if consummation was the barrier to filing the I-130 and chasing a CR-1 visa - I'd study a bit more before ruling it out.

[2ndMessiah 184]

I do not want to offend, but if your spouse is in prison and is a convicted criminal, can they legally petition to bring you into the country?

[EM_Vandaveer 2,370]

I do not want to offend, but if your spouse is in prison and is a convicted criminal, can they legally petition to bring you into the country?

They can, unless their crime falls under the Adam Walsh Act.

[Kev-N-Ann 45]

some prisons in texas do set up conjugal visits for spouses - I would suggest inquiring with the prison he is in and trying to set that up. sure - it means another plane ride into Texas but if consummation was the barrier to filing the I-130 and chasing a CR-1 visa - I'd study a bit more before ruling it out.

I was thinking about the exact same thing. Maybe it is worth a try. Is it a long time, till he'll be out?