Need to be physically present for marriage?

[fbarajas818 0]

Hey so me (american) and my fiance (japan national) are getting married soon and are compiling all the documents we need for the I-130 and so on.

 

We are planning to get married in japan and she was going to submit the marriage documents inperson to her relevant office on our behalf as she says I don't have to be there in person for us to get married.

 

However, I read in the instructions provided from the official website of american immigration where you formally do all the applications like the I-130 form and in the section marked "Who may not file form I-130?" it states, "you may NOT file form I-130 for a person in the following catagories: 4.) A spouse, if you and your spouse were not both physically present at the marriage ceremony, unless the marriage was consummated".

 

From this it sounds like I have to be there do i can provide proof there after I was actually there so the application doesn't get denied. I also can't "consummate" the marriage if I'm not physically there so it seems i have to be there but im not sure.

 

Long story short, I'm confused because I've seen both comments online of you have to be there and you don't have to be there for the ceremony but the instructions seem to state clearly you have to be there and I wanted some clarification from anyone who's done this before.

 

Want to make sure I get everything done right and provide as much evidence as possible to help speed up the process in anyway.

[appleblossom 5,639]

You don't have to be together for the marriage, but you do have to 'consummate' it (which just means being physically together) before filing. So you can get married online, then meet up, then file. 

[wildbug100420 404]

2 hours ago, fbarajas818 said:

Hey so me (american) and my fiance (japan national) are getting married soon and are compiling all the documents we need for the I-130 and so on.

 

We are planning to get married in japan and she was going to submit the marriage documents inperson to her relevant office on our behalf as she says I don't have to be there in person for us to get married.

 

However, I read in the instructions provided from the official website of american immigration where you formally do all the applications like the I-130 form and in the section marked "Who may not file form I-130?" it states, "you may NOT file form I-130 for a person in the following catagories: 4.) A spouse, if you and your spouse were not both physically present at the marriage ceremony, unless the marriage was consummated".

 

From this it sounds like I have to be there do i can provide proof there after I was actually there so the application doesn't get denied. I also can't "consummate" the marriage if I'm not physically there so it seems i have to be there but im not sure.

 

Long story short, I'm confused because I've seen both comments online of you have to be there and you don't have to be there for the ceremony but the instructions seem to state clearly you have to be there and I wanted some clarification from anyone who's done this before.

 

Want to make sure I get everything done right and provide as much evidence as possible to help speed up the process in anyway.

Please complete your timelines. You should make every effort to get married in person. Why give uscis more reasons to potentially question the relationship?

[Ryan H 3,926]

Moved from Progress Reports to Process & Procedures.

[pushbrk 14,211]

As you read instructions, be certain to pay attention to every word, especially little words like "or".  Then read further about the evidence of consummation that is required when one party is not physically present for the ceremony.  Yes, your wife can submit marriage paperwork in some countries without any ceremony or with a proxy ceremony, but this marriage will not be recognized by USCIS for the I-130 filing unless it is submitted with evidence of being together either during the ceremony or between the marriage date and I-130 filing date.  Evidence of being in the same country, like passport stamps or boarding passes as "primary evidence".  Photos together are secondary.

[Rhema1 552]

On 12/23/2025 at 9:00 PM, wildbug100420 said:

Please complete your timelines. You should make every effort to get married in person. Why give uscis more reasons to potentially question the relationship?

That what I was thinking.

If you want to go through the immigration process, kindly go through an in person marriage.

If not, USCIS will not take it seriously and start doubting.

[Rhema1 552]

10 minutes ago, pushbrk said:

As you read instructions, be certain to pay attention to every word, especially little words like "or".  Then read further about the evidence of consummation that is required when one party is not physically present for the ceremony.  Yes, your wife can submit marriage paperwork in some countries without any ceremony or with a proxy ceremony, but this marriage will not be recognized by USCIS for the I-130 filing unless it is submitted with evidence of being together either during the ceremony or between the marriage date and I-130 filing date.  Evidence of being in the same country, like passport stamps or boarding passes as "primary evidence".  Photos together are secondary.

Yeah, USCIS will not recognize such marriage and your immigration problem will start right there.

That's why many people travel from far distance and spend a lot of money on flight ticket only to get married.

[pushbrk 14,211]

10 minutes ago, Rhema1 said:

That what I was thinking.

If you want to go through the immigration process, kindly go through an in person marriage.

If not, USCIS will not take it seriously and start doubting.

Incorrect.  Proxy marriage is accepted when evidence of consummation between marriage date and I-130 filing is properly submitted. Hundreds if not thousands, have been successful this way for a very long time.

[Rhema1 552]

17 minutes ago, pushbrk said:

Incorrect.  Proxy marriage is accepted when evidence of consummation between marriage date and I-130 filing is properly submitted. Hundreds if not thousands, have been successful this way for a very long time.

Thanks for this update.

Many people are traveling so far because they are afraid that USCIS may flags their marriage as fraudulent.

So, in this case you have to prove The marriage consumption.

But is it easy to prove that?

[pushbrk 14,211]

2 minutes ago, Rhema1 said:

Thanks for this update.

Many people are traveling so far because they are afraid that USCIS may flags their marriage as fraudulent.

So, in this case you have to prove The marriage consumption.

But is it easy to prove that?

"Consummation" is the word.  Yes, if you travel to another country, you'll have evidence of travel and arrival.  The only evidence of "consummation" needed is evidence you were in the same "country" as each other either during the proxy marriage, or between the marriage date and petition filing date.  That's been the rule for at least the 20 years I've been involved here, and actually much longer than that.  "Proxy marriage" has been around a long time.

 

The word "consummation" is used and it's traditional meaning (sexual consummation) is not the applicable meaning.

 

Evidence the marriage RELATIONSHIP is bona fide is a separate issue.

[Rhema1 552]

2 minutes ago, pushbrk said:

"Consummation" is the word.  Yes, if you travel to another country, you'll have evidence of travel and arrival.  The only evidence of "consummation" needed is evidence you were in the same "country" as each other either during the proxy marriage, or between the marriage date and petition filing date.  That's been the rule for at least the 20 years I've been involved here, and actually much longer than that.  "Proxy marriage" has been around a long time.

 

The word "consummation" is used and it's traditional meaning (sexual consummation) is not the applicable meaning.

 

Evidence the marriage RELATIONSHIP is bona fide is a separate issue.

Thanks 🙏