Jump to content
Sd.10

Help! Proxy marriage and visa for Italian citiZen

40 posts in this topic

Recommended Posts

Good evening to everyone. Me and my fiancé are willing to get married through proxy. He’s been stationed overseas here in Italy, unfortunately he got in trouble and he is now in a confinement facility in Germany while I stayed here (I am an italian citizen). I’ve done some research and it’s actually possible to go through the proxy marriage process even though he’s at confinement. There’s only one problem. What’s going to happen after we get our marriage license? How do I submit the forms to get a visa? I’ve read the proxy marriage has to be consumed, but he’s in a military prison so that’s pretty much impossible. And he won’t be able to submit or request documents due to his confinement. He’s going to be convicted for 8-10 more months, and once he gets out they’re sending him in the states. Does anyone know what I should do? 

Share this post


Link to post
Share on other sites

For a proxy marriage to be considered valid for US immigration purposes, the marriage must be consummated after the marriage. By "consummate", they mean meeting in person (not necessarily anything sexual...they won't go into that). There is no way around this requirement...you have to meet in person. I'm not sure how military prisons work there, but you need to arrange a way to meet in person.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites

He as the US citizen has to submit the forms, not you. Also, what type of crime was he charged with? This fact could hinder the whole thing honestly not just in sense of the visa but just his own ability to be stable again state side.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifvd9wauve2wlsd9fuctxk.gifgiphy.gif    

 

Share this post


Link to post
Share on other sites
1 minute ago, geowrian said:

For a proxy marriage to be considered valid for US immigration purposes, the marriage must be consummated after the marriage. By "consummate", they mean meeting in person (not necessarily anything sexual...they won't go into that). There is no way around this requirement...you have to meet in person. I'm not sure how military prisons work there, but you need to arrange a way to meet in person.

Thank you for your response. And how do I get proof of that? Would the prison visit documents be valid as a proof? 

Share this post


Link to post
Share on other sites
5 minutes ago, Simona.d10 said:

Good evening to everyone. Me and my fiancé are willing to get married through proxy. He’s been stationed overseas here in Italy, unfortunately he got in trouble and he is now in a confinement facility in Germany while I stayed here (I am an italian citizen). I’ve done some research and it’s actually possible to go through the proxy marriage process even though he’s at confinement. There’s only one problem. What’s going to happen after we get our marriage license? How do I submit the forms to get a visa? I’ve read the proxy marriage has to be consumed, but he’s in a military prison so that’s pretty much impossible. And he won’t be able to submit or request documents due to his confinement. He’s going to be convicted for 8-10 more months, and once he gets out they’re sending him in the states. Does anyone know what I should do? 

The first part can only be started by the US citizen.  The petition has to be filed to USCIS and it is the US citizen who files the petition.  I'm not sure if there is a way around that.  His conviction may also play a part in the visa process depending on what he was accused of doing.  I think you will have to wait until he gets to the states as there is also a domicile requirement.

Edited by John & Rose

June 6,  2017 - Filed the K-1

April 11, 2018 - K-1 refused

June 11, 2018 - Got married in Pateros, Metro Manila

September 10, 2018 - Filed the CR-1

September 11, 2018 - Priority Date

September 14, 2018 -  NOA-1

 

 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY.   These are the only ones that can attend the seminar without their visa.

 

 

IMG_7714.jpg.2782f301709f81dd223fe1b62d085472.jpg

 

Share this post


Link to post
Share on other sites
2 minutes ago, Simona.d10 said:

Thank you for your response. And how do I get proof of that? Would the prison visit documents be valid as a proof? 

Prison visit documents, boarding passes, passport stamps, etc. Anything that tells that the 2 of you were in the same area after the date of the proxy marriage.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
1 minute ago, Ben&Zian said:

He as the US citizen has to submit the forms, not you. Also, what type of crime was he charged with? This fact could hinder the whole thing honestly not just in sense of the visa but just his own ability to be stable again state side.

He was charged with a specification of sexual asshault. So regardless of where he is, there’s no exceptions for cases like this? Also, would he be able to do it while he’s at confinement? 

Share this post


Link to post
Share on other sites
Just now, Simona.d10 said:

He was charged with a specification of sexual asshault. So regardless of where he is, there’s no exceptions for cases like this? Also, would he be able to do it while he’s at confinement? 

Was the victim underage?

If so, this is likely a very significant issue (AWA crime).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
Just now, geowrian said:

Was the victim underage?

If so, this is likely a very significant issue (AWA crime).

 

Just now, geowrian said:

Was the victim underage?

If so, this is likely a very significant issue (AWA crime).

No, she wasn’t. 

Share this post


Link to post
Share on other sites

It's possible to proceed crime-wise then, but do expect scrutiny and to know the details as they could ask about it. And yes, don't rush anything.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
Just now, Ben&Zian said:

 

You need to make sure exactly what kind of sexual assault crime it was because this is one of the worst type of crimes in sense of people trying to petition for foreign fiances/spouses. 

 

Honestly you can do the proxy marriage but why rush it? Mean, if you two are dating and he committed a sexual assault crime on someone else.... kind of see where I'm going with this whole thing?

I get where you come from and I’d be the same if heard this from someone else. This happened before we started dating, but he had the trial almost a year later and it’s kind of more complicated than that. It wasn’t really fully his fault. He got convicted for sex with no consense, something like that. Excuse my not proper English 

Share this post


Link to post
Share on other sites
2 minutes ago, geowrian said:

It's possible to proceed crime-wise then, but do expect scrutiny and to know the details as they could ask about it. And yes, don't rush anything.

Does “proceeding crime wise” mean that he can start submitting forms from the prison? Or is it a whole process that we might have to do once he gets out? 

Share this post


Link to post
Share on other sites
1 minute ago, Simona.d10 said:

Does “proceeding crime wise” mean that he can start submitting forms from the prison? Or is it a whole process that we might have to do once he gets out? 

I'm saying that once you marry (and meet in person, if proxy-marriage), he is eligible to file the I-130 petition to start the process.

As others noted, it is probably wise to wait until he is back in the states and has adjusted back to living in society again...it's absolutely not an easy transition and has plenty of challenges, especially work-wise.

 

@JFH thoughts?


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×