Online Marriage

[bakphx1 785]

2 minutes ago, geowrian said:

https://www.uscis.gov/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.)

I stand corrected.  I should have just remained silent on that point, since proxy marriages are not something I'm familiar with in any way.  I was thinking that implied that all marriages must be consummated.   I guess I learned something new!

[David & Diana R 1,005]

15 hours ago, aamirnicole said:

My Fiance is a Pakistan Citizen and resides in Pakistan. I am a US Citizen and reside in the US. We have been together for over 8 months. I recently applied for a Pakistan Visa so we could Marry and spend time together for 30 days in Pakistan where he lives. I was denied my visit Visa with no reason other than the Visa Officer was not satisfied with my application. We got the idea that we may be able to Marry via Online Nikkah service via Skype of coarse with Him being in Pakistan and myself here in the US. All documents would be legal and official. We then wanted to meet in Dubai since we are having a hard time getting approval for visit Visas. Then when I return back to the US I could begin the Spousal Visa application to get him here to the US. Does anyone have any advice on this or experience with online Marriage with applications? Anyone know if this would be acceptable along with evidence of a bon afide Marriage? Or anyone have any suggestions? Very much appreciated. I wont take no for an answer he is my everything! If there a will there is a way!

Here's a little something I found in 30 seconds on a search:

 

A hypothetical to illustrate the problem on marriage and consummation of the marriage for immigration benefits.

In some countries a religious ceremony can take place but unless there is an additional ceremony, usually in some Muslims countries (Nikah and Rugsati), the couple will not consummate the marriage. If the marriage took place without using the ‘proxy method’, an argument is made that the marriage is valid and there is no intent to defraud based on the case of Peterson. However, in practical terms it becomes very difficult for the authorities not to be suspicious of the marriage. Since other factors and discretion is applied to prove the bona fide of the marriage, non consummation of a marriage can actually result in a denial. The USCIS or State Department might see a red flag which in turn will either result in a delay for investigation or ultimately a denial.
Recommendation: It is better to have the marriage consummated before the immigration papers are filed or do not start the marriage process and limit it to a fiancee visa (K1 visa). Note that you cannot opt for a fiancee visa if you have already have a marriage. In case the marriage was done by proxy then it is obvious that consummation is a necessity.

Conclusion

Although the law does not actually require consummation of a marriage in a regular marriage to prove validity, the non-consummation of a marriage can be a factor in determining the non-bona fide of a marriage.

As for proxy marriage, while technology has evolved, immigration laws have not actually caught up with reality. Therefore we advise caution in such marriages and make sure you pick the appropriate visa while trying to come to the United States.
Immigration laws and the immigration system are now very complicated.

 

Good luck

[ValeZamp 5]

4 hours ago, Beth & Achraf said:

Proxy marriages are hard to satisfy USCIS

I had zero issues with my proxy marriage. Not a single RFE nor a sigle question at the interview about it. 

Many people I met had no problem either.

maybe there was something else that made them doubt about your case? 

[Beth & Achraf 328]

18 minutes ago, ValeZamp said:

I had zero issues with my proxy marriage. Not a single RFE nor a sigle question at the interview about it. 

Many people I met had no problem either.

maybe there was something else that made them doubt about your case? 

Could be I hard a hard nose officer working my case.

 

[Beth & Achraf 328]

24 minutes ago, ValeZamp said:

I had zero issues with my proxy marriage. Not a single RFE nor a sigle question at the interview about it. 

Many people I met had no problem either.

maybe there was something else that made them doubt about your case? 

You had proxy marriage but filed DCF?  Military I bet.

That makes a big difference, being military with Proxy marriages. THOSE never have issues.

 

 

 

 

 

Edited September 22, 2017 by Beth & Achraf

[NikLR 13,220]

An non-consummated proxy marriage is not petitionable, period.  You can get married by proxy but filing before spending time with your spouse will get it denied.  If it wasnt, regardless of military status, someone messed up, either someone lied or the USCIS adjudicator was an idiot or bleeding heart.  

Edited September 22, 2017 by NikLR

[ValeZamp 5]

21 minutes ago, Beth & Achraf said:

You had proxy marriage but filed DCF?  Military I bet.

That makes a big difference, being military with Proxy marriages. THOSE never have issues.

 

Yes. We lived together for a year before getting married. Proxy was our only option due to his deployments and whatnot. 

And we filed for my IR after 2 years of marriage. We never lived apart since we met. Apart from his time spent away due to military duties.

[IndigoSkies 168]

17 hours ago, Lemonslice said:

Marriage would need to be consummated to be valid for immigration - so you still need to meet somewhere. Sri Lanka has nice beaches. 

 

Honestly, only proxy marriage story I remember on VJ ended being quite a drama.  Search function should bring it up.

Tee hee hee. I'm immature. 

[Beth & Achraf 328]

25 minutes ago, ValeZamp said:

Yes. We lived together for a year before getting married. Proxy was our only option due to his deployments and whatnot. 

And we filed for my IR after 2 years of marriage. We never lived apart since we met. Apart from his time spent away due to military duties.

That's is about the only acceptable reasons Immigration gives for proxy marriages.  Glad it all worked out for you. 

I cant see USCIS deny a military proxy marriage due to military deployment, plus you had a history of living together, that counts.   

Very best wishes.

[ValeZamp 5]

1 minute ago, Beth & Achraf said:

That's is about the only acceptable reasons Immigration gives for proxy marriages.  Glad it all worked out for you. 

I cant see USCIS deny a military proxy marriage due to military deployment, plus you had a history of living together, that counts.   

Very best wishes.

Thank you so much  

It seems to be a common thing among the military community overseas. Most of the people stationed here in Italy with us got married by proxy. 

[mallafri76 1,012]

You haven’t even met in person yet and you’re already talking marriage?!?! Slow down, go see each other and get to know each other in person then get married. Just make sure you read up on the cultural norm and laws in Dubai, if that’s where you’re going, as they’re very strict on unmarried male/female relationship. 

[NikLR 13,220]

3 hours ago, ValeZamp said:

Yes. We lived together for a year before getting married. Proxy was our only option due to his deployments and whatnot. 

And we filed for my IR after 2 years of marriage. We never lived apart since we met. Apart from his time spent away due to military duties.

You filed AFTER the marriage was consummated  (aka you spent time together after marriage but before filing) which is the difference between what you did and what the OP is suggesting. 

[JFH 12,189]

Aside from the argument as to whether marrying some one you've never met in person is a good or a bad idea, you need to consider this:

 

When someone applies for a spousal visa for the United States, they are applying for permanent residency, with the option of becoming a citizen of the United States in as little as three years. So the person that adjudicates the case is essentially giving permission to someone to live here for the rest of their life and to even become a citizen. That's a huge privilege. It's not something that is handed out to anyone with a marriage certificate. 8 months of online flirting, a proxy marriage certificate and a quick honeymoon in Dubai is not going to be enough to be granted such a privilege, I'm sorry to say. Otherwise everyone would be getting permanent residency for their online friends. USCIS needs to be certain that people are applying for this for all the right reasons. You look very young in your profile picture (and your actions are certainly in keeping with that) so what's the rush? Spend time together anywhere - Canada? Mexico? Malaysia? Australia? Get to know one another. Anywhere. Prove to USCIS that you will go to hell and back over and over for this man because you love him and he loves you unconditionally. 

Edited September 23, 2017 by JFH

[aamirnicole 2]

Update:

First I'd like to thank everyone for all the advice and opinions. We were able to figure out the correct way of doing this which is to file for a Fiance visa after we have met a few times 1st in Dubai and of coarse with supporting evidence (documentation, etc.) of our relationship and love. We both agree we are eager however being eager and impatient will not work through this process and if we don't accurately and correctly follow steps we could fail and that would be horrible. We will have the rest of our lives to spend together if we take caution and go step by step without trying to leap. He is 27 and I'm 36. I completely agree with meeting in Person and spending as much time together to get to know each other first is very important and he also agrees. It was more or less we are uneducated about this process and didn't know which direction to begin. So I thank you all for your advice we now know where to begin  I wish everyone the best of luck and a lifetime of happiness and love!

-Nicole

[NikLR 13,220]

Happy to hear!  Best of luck in your future.