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ChrisnTat

Proxy marriage but we didn't consumate before filing and after the wedding

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We got married shortly after she left the US one visit and were excited and only a week later filed our I-130. We never met in person between the date of the wedding and the date of filing. We have since been together in person when she came over for a funeral and stayed for a few months. We had also met in person before the wedding, as I vaguely mentioned.

 

Are we going to have to refile? They need proof now that we had met between the date of the wedding and date of filing, but we did not. If I do need to refile, what does that look like? How do I proceed with the current case and is there any sort of wait before I can file again?

Edited by ChrisnTat
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Filed: K-1 Visa Country: Wales
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Fees go up 1st April

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Wales
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Apply today, I would pull the other one just to clear things up.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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1 hour ago, Boiler said:

Apply today, I would pull the other one just to clear things up.

Would it be a bad idea to maybe submit evidence we've met since the wedding, even though it wasn't before the date of petition, and then also file a new I-130 though? Worst they can do is deny it and close the case, right? Or am I even allowed to have two petitions for the same person at once?

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Filed: K-1 Visa Country: Wales
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19 minutes ago, ChrisnTat said:

Would it be a bad idea to maybe submit evidence we've met since the wedding, even though it wasn't before the date of petition, and then also file a new I-130 though? Worst they can do is deny it and close the case, right? Or am I even allowed to have two petitions for the same person at once?

No limit on petitions, most common here is a K1 and then CR1

 

Or another family based petition.

 

My question is why would you bother?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Taiwan
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31 minutes ago, ChrisnTat said:

Would it be a bad idea to maybe submit evidence we've met since the wedding, even though it wasn't before the date of petition, and then also file a new I-130 though? Worst they can do is deny it and close the case, right? Or am I even allowed to have two petitions for the same person at once?

Your first I-130 is DOA.....send USCIS a letter, using the receipt number, to withdraw it. Then, refile a new I-130 with evidence of meeting after marriage ceremony.  

Edited by Crazy Cat

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42 minutes ago, Lemonslice said:

Worst they can do is actually mistakenly approve and realize later/at interview stage that you were not eligible to file; you will then lose more time, and money; the later they notice, the more detrimental it will be.  Just withdraw the current I-130, and submit the new form as soon as possible, ideally before the fees increase.

100% this.

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Filed: Other Country: China
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Withdraw the first petition and file a new one.  Then, it's no harm, no foul.

 

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2 hours ago, Lemonslice said:

Worst they can do is actually mistakenly approve and realize later/at interview stage that you were not eligible to file; you will then lose more time, and money; the later they notice, the more detrimental it will be.  Just withdraw the current I-130, and submit the new form as soon as possible, ideally before the fees increase.

See this is what I've been trying to figure out, I couldn't find whether it's allowed to have two redundant applications basically. So having one currently underway means I can't file a new one then.

 

Is there an easy way to withdraw the current one? I keep getting told to write into them or make an appointment. Can I not do it by phone or email?

 

Thanks everyone for your help btw!

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Filed: K-1 Visa Country: Wales
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34 minutes ago, ChrisnTat said:

See this is what I've been trying to figure out, I couldn't find whether it's allowed to have two redundant applications basically. So having one currently underway means I can't file a new one then.

 

Is there an easy way to withdraw the current one? I keep getting told to write into them or make an appointment. Can I not do it by phone or email?

 

Thanks everyone for your help btw!

Never said that, file it and send a letter in.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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