Non-consumated Proxy marriage

[Wolfiemia 2]

Wondering if anyone has come across this before. 

 

My husband and I were due to get married in the UK, where we met.  He is US military and was on orders here for a while and we have lived here for two years together since meeting.  He then had a permanent change of station to go back to the states 5 days before our wedding was supposed to take place in the UK.  Meaning we had to cancel everything.  Instead, we went ahead and got married online when he arrived in the states through the state of Utah where neither of us had to attend.  He then submitted the paperwork for the I-130 a few days later.  Unfortunately due to the way the military works with in-processing at a new duty station it will be some time before he can submit leave request to come back to the UK to visit me since our online wedding.  Is there any grace period surrounding consummation of marriage where the military is involved?  He is likely to be able to come back in March/April 2022 and we just submitted the form beginning of Feb 2022.  Is this an instant denial? Have we wasted our time and money?  We have proof of our relationship over the course of the last two years and we have submitted photos etc.

 

Would appreciate anyone who has been in a similar situation to shed some light if they've had experience? TIA

[milimelo 4,226]

There is no grace period military or not. Need to show proof of consummation after marriage and you didn’t provide that. Expect I-130 to be denied. 
 

Why can’t you come visit him in the US? 

[Wolfiemia 2]

1 minute ago, milimelo said:

There is no grace period military or not. Need to show proof of consummation after marriage and you didn’t provide that. Expect I-130 to be denied. 
 

Why can’t you come visit him in the US? 

I need to reapply for an ESTA as mine ran out last month.  I also have commitments here which means I cannot easily leave to travel to the US.  The guarantee of him also being able to take time off to spend with me is not 100% unless leave is booked.  For which he would just come back here if he was able to get it.

[Mike E 11,723]

18 minutes ago, Wolfiemia said:

this an instant denial? Have we wasted our time and money? 

My understanding …
 

I think he should withdraw the I-130.  Even if it is approved, because no in-person meeting happened between the marriage ceremony and the filing of I-130, the marriage isn’t valid for I-130 purposes.  If later down the road, USCIS determines it erroneously approved I-130, your green  card or naturalization could be revoked.  
 

Your plan to meet shortly after filing I-130 was never going to work.  

[Crazy Cat 39,362]

39 minutes ago, Wolfiemia said:

Wondering if anyone has come across this before. 

 

My husband and I were due to get married in the UK, where we met.  He is US military and was on orders here for a while and we have lived here for two years together since meeting.  He then had a permanent change of station to go back to the states 5 days before our wedding was supposed to take place in the UK.  Meaning we had to cancel everything.  Instead, we went ahead and got married online when he arrived in the states through the state of Utah where neither of us had to attend.  He then submitted the paperwork for the I-130 a few days later.  Unfortunately due to the way the military works with in-processing at a new duty station it will be some time before he can submit leave request to come back to the UK to visit me since our online wedding.  Is there any grace period surrounding consummation of marriage where the military is involved?  He is likely to be able to come back in March/April 2022 and we just submitted the form beginning of Feb 2022.  Is this an instant denial? Have we wasted our time and money?  We have proof of our relationship over the course of the last two years and we have submitted photos etc.

 

Would appreciate anyone who has been in a similar situation to shed some light if they've had experience? TIA

Sadly, the current I-30 will be denied.  I would withdraw the I-30, actually meet, then re-apply.  Once you have met, USCIS will recognize the date of the online wedding certificate as valid.  You can still, at the discretion of CBP, visit him during the process.  Good luck.

Edited February 9, 2022 by Crazy Cat

[Unlockable 7,306]

2 hours ago, Wolfiemia said:

  Is this an instant denial? Have we wasted our time and money? 

Possibly. The evidence of consummation (meeting in person after marriage) should have been sent along with the initial application.

 

 

Quote

We have proof of our relationship over the course of the last two years and we have submitted photos etc.

That is an entirely separate evidence. Relationship proof is one aspect. Consummation after marriage is an entirely different aspect. You can't combine nor interchange the two.

Edited February 9, 2022 by Unlockable

[Wolfiemia 2]

20 minutes ago, Mike E said:

My understanding …
 

I think he should withdraw the I-130.  Even if it is approved, because no in-person meeting happened between the marriage ceremony and the filing of I-130, the marriage isn’t valid for I-130 purposes.  If later down the road, USCIS determines it erroneously approved I-130, your green  card or naturalization could be revoked.  
 

Your plan to meet shortly after filing I-130 was never going to work.  

Thank you, he's seeing an immigration lawyer in GA today and seeing if he can book emergency leave to come back in the next few weeks.  If we withdraw do we lose the fee? Or can we withdraw and resubmit as soon as he arrives here? 

[Crazy Cat 39,362]

1 minute ago, Wolfiemia said:

Thank you, he's seeing an immigration lawyer in GA today and seeing if he can book emergency leave to come back in the next few weeks.  If we withdraw do we lose the fee? Or can we withdraw and resubmit as soon as he arrives here? 

You will lose the fee.....but it is already lost.  The I-130 is invalid.....and cannot be validated as it was submitted prematurely. I would notify USCIS to withdraw the current I-30 immediately. 

[Wolfiemia 2]

7 minutes ago, Crazy Cat said:

Sadly, the current I-30 will be denied.  I would withdraw the I-30, actually meet, then re-apply.  Once you have met, USCIS will recognize the date of the online wedding certificate as valid.  You can still, at the discretion of CBP, visit him during the process.  Good luck.

Thank you so much for your help.  This has all been really frustrating as we have a wedding booked but he was put on a plane and PCS'd 5 days beforehand and not allowed to change the flight or delay his next duty station as he had already been stationed in the UK too long so they pushed his date to leave the country, forward by 6 months!  I expect this is something I will have to get used to with military life.   Currently begging the command for emergency leave to fly back so we can then resubmit having met after the online wedding.  Also, we lived together before he left, he had a British mobile phone bill in his name registered to my address, would it be beneficial to state that we lived together on the I-130? Surely this would support our application more so than him putting down the base address as his previous address of residency?

[Mike E 11,723]

4 minutes ago, Wolfiemia said:

Thank you, he's seeing an immigration lawyer in GA today and seeing if he can book emergency leave to come back in the next few weeks.  If we withdraw do we lose the fee? Or can we withdraw and resubmit as soon as he arrives here? 

The fee is lost.  

[Crazy Cat 39,362]

2 minutes ago, Wolfiemia said:

would it be beneficial to state that we lived together on the I-130?

Yes.  That is a piece of evidence you should use to front load the new I-130 to show that the relationship is bona fide.  The best evidence you can give is that of time actually spent together. 

[Wolfiemia 2]

42 minutes ago, Crazy Cat said:

Yes.  That is a piece of evidence you should use to front load the new I-130 to show that the relationship is bona fide.  The best evidence you can give is that of time actually spent together. 

So he has just requested emergency leave which they have granted for him to return on the 24th February, would we be able to re-submit on this day, seeing as technically we would be reunited and once again in person? Thanks

[Mike E 11,723]

1 minute ago, Wolfiemia said:

So he has just requested emergency leave which they have granted for him to return on the 24th February, would we be able to re-submit on this day, seeing as technically we would be reunited and once again in person? Thanks

You can submit the moment you have an in person meeting.  You can submit online.  

[Rlewis 73]

everyone has already given some great advice.

I just want to chime in as someone also married to a military member: be prepared for more surprises! It will definitely happen. 

 

Best of luck!

[Ontarkie 13,920]

~~Moved to Process and Procedures, from Progress Reports~~