Help! Proxy marriage and visa for Italian citiZen

[Sd.10 5]

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? 

[geowrian 22,335]

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 October 10, 2018 by geowrian

[Ben&Zian 4,397]

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.

[Sd.10 5]

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? 

[John & Rose 7,237]

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 October 10, 2018 by John & Rose

[geowrian 22,335]

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.

[Sd.10 5]

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? 

[geowrian 22,335]

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).

[Ben&Zian 4,397]

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? 

 

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?

[Sd.10 5]

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. 

[geowrian 22,335]

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.

[Sd.10 5]

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 

[Ben&Zian 4,397]

Got you now, that timeline of events helps clear up some stuff then...

 

While you can marry, think a lot here will tell you to wait. Let him get state side and settle then pursue this all. Take the time. I assume, as he wa stationed there, he will be dishonorably discharged from the service. That can have a huge impact on future employment opportunities plus having a conviction for a sex assault/crime can only hinder his opportunities more. 

 

Don't just rush into it all because of the distance or anything.

Edited October 10, 2018 by Ben&Zian

[Sd.10 5]

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? 

[geowrian 22,335]

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?