Is proxy allowed? Need help!

[swedenbee 0]

Hello everyone, I’m new here! 

I have some concerns and questions.

Me and my American fiancé have applied for a K1 visa and I will soon have my interview (yay)! But he just deployed with the military and will be gone for 6 months which is just as long the visa will be valid for. We will be living in Texas where he’s from and where marriage by proxy is allowed. 

My questions is:

1. Can I enter the U.S and get married by proxy while he’s still gone? Does that fulfill the requirements for the K1? 

2. If we do get married by proxy, can I still file for AOS right after? 

 

3. If this wouldn’t work, what other solutions could there be? We really don’t want to go through this process again!!

 

I am extremely thankful for all answers you could give me, thank you!

[Ben&Zian 4,397]

You should have expedited the process with his deployment orders, you would have been done probably by now. As former military myself deployments don't just happen on short notice (rarely), usually have at least 6-12 months notice.

 

As for by proxy I'm not super sure; but if need be get a copy of his orders, delay the interview until after he returns. As long as you take action in theory you can delay the interview as long as needed, or least a year probably. Worst case with this is having to do a new medical.

 

I wouldn't suggest moving by yourself to the US honestly. 

[swedenbee 0]

6 minutes ago, Ben&Zian said:

You should have expedited the process with his deployment orders, you would have been done probably by now. As former military myself deployments don't just happen on short notice (rarely), usually have at least 6-12 months notice.

 

As for by proxy I'm not super sure; but if need be get a copy of his orders, delay the interview until after he returns. As long as you take action in theory you can delay the interview as long as needed, or least a year probably. Worst case with this is having to do a new medical.

 

I wouldn't suggest moving by yourself to the US honestly. 

Thank you for your reply! Our case with the deployment was rare. He found out 3 months ago he'd be deploying and he just left today. We tried to expedite our case but 3 months was still too short. Nothing that can be done about what we didn't do or didn't know, we have to work with what we know today, what we have and where we are.

 

I'm going to try to get more information about the proxy and more. 

If I'd move while he's still deployed,  it would only be 1-2 months before he gets back.

 

Thank you for your input!

[Illiria 980]

I am not sure about aos but for a spousal visa they only accept a proxy marriage if before filing but subsequent to the proxy marriage the couple have met up (consummated is the technical term but it doesn’t necessarily mean they had to have sex at that time).

 

So if you are doing a proxy marriage and wanting to file prior to seeing them again then I suspect based on their attitude when dealing with spousal visas it would not work. 

[geowrian 22,335]

USCIS uses the same language for AOS as the DOS does doe a visa when it comes to a proxy marriage. The marriage must be consummated at some point after the wedding before they will recognize it.

[kris&me 572]

A proxy marriage is when the marriage is performed despite one party, or both parties of the marriage, are not physically available at the ceremony. In most of the United States, marriage by proxy is not allowed, but there are a few places that allow it such as the states of Colorado, Kansas, Montana and Texas.

 

so, will u have support like his family there to help u?

and for AOS he can do by proxy now to satisfy the 90 days and do a civil ceremony on return (or am i wrong)

Edited September 30, 2018 by kris&me

[swedenbee 0]

15 minutes ago, geowrian said:

USCIS uses the same language for AOS as the DOS does doe a visa when it comes to a proxy marriage. The marriage must be consummated at some point after the wedding before they will recognize it.

Okay, thank you! And do you know how quick i have to apply for AOS after marriage?

[carmel34 3,529]

Sounds pretty simple.  Just contact the consulate and reschedule your interview for a date less than 90 days before your fiance's return from deployment.

[carmel34 3,529]

1 hour ago, swedenbee said:

If I'd move while he's still deployed,  it would only be 1-2 months before he gets back.

So you can either delay the interview until then and immigrate immediately after, or go ahead with the interview and immigrate 1-2 months before he gets back.  Both ways you get married within the 90 day requirement for a K1, which is good for 6 months after the interview.  No need for proxy marriage.

[swedenbee 0]

4 minutes ago, carmel34 said:

So you can either delay the interview until then and immigrate immediately after, or go ahead with the interview and immigrate 1-2 months before he gets back.  Both ways you get married within the 90 day requirement for a K1, which is good for 6 months after the interview.  No need for proxy marriage.

Okay thank you! So i know the visa is valid for 6 months after the interview, but does that include the 90 days in the U.S or is it 6 months + 90 days? Do you know?

Very helpful!

[carmel34 3,529]

3 minutes ago, swedenbee said:

Okay thank you! So i know the visa is valid for 6 months after the interview, but does that include the 90 days in the U.S or is it 6 months + 90 days? Do you know?

Very helpful!

K1 visa is valid for 6 months from date it is issued.  So within 6 months of receiving the K1 visa you will have to enter the US or it becomes invalid.  From the date of entry into the US, you will have 90 days to get married.

[geowrian 22,335]

1 hour ago, swedenbee said:

Okay, thank you! And do you know how quick i have to apply for AOS after marriage? 

You will have legal status for 90 days upon entry with the K-1 visa. As long as you marry in that timeframe, you can complete AOS at any time afterward. However, you would be out of status after the 90 days from entry (which is not a bar to AOS, but does put you in the same boat as anybody else that overstays a visa).

[Illiria 980]

44 minutes ago, swedenbee said:

Okay thank you! So i know the visa is valid for 6 months after the interview, but does that include the 90 days in the U.S or is it 6 months + 90 days? Do you know?

Very helpful!

Not six months from issued but six months from the medical. So if you have your medical super early then some people have only had a couple of months post interview to use the visa. look at the expiry date on the visa once you get it, don’t assume as this has tripped up people before.

Edited September 30, 2018 by Illiria
Damn autocorrect

[Illiria 980]

@geowrian is the k1 also covered by the requirements for the intending immigrant to travel at the same time or after the petitioner? that is to say the petitioner has to be in the us already or be traveling with the immigrant. I know that is true for the spousal visa but wasn’t sure for a k1.

[geowrian 22,335]

7 minutes ago, Illiria said:

@geowrian is the k1 also covered by the requirements for the intending immigrant to travel at the same time or after the petitioner? that is to say the petitioner has to be in the us already or be traveling with the immigrant. I know that is true for the spousal visa but wasn’t sure for a k1.

Generally yes, but the deployment can be considered as residing in the US to meet this requirement, IIRC. I usually defer on the military questions.