hobbitofohio
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Posts posted by hobbitofohio
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Karren,
Under no circumstances do you attend that interview and lie to the CO. Your double proxy marriage has been consummated, therefore, for immigration purposes you're married. A K-1 is not the proper visa for you. Had you not consummated the double proxy marriage, then the K-1 would have been proper.
It was suggested that you withdraw the K-1, the petitioner should write a letter explaining he was confused early on in the process as to the proper petition to file. Make it clear in the letter the petitioner was merely confused and did not attempt to cancel or misrepresent a material fact.
Indicate you have a better understanding of the proper petition to file, and you plan to submit a I-130.
Why attend an interview for a K-1 when you're married?, I would cancel that interview then start the process over.
You are 100% correct on this.
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So you are saying that it should have been spousal visa since they consummated after the marriage and
it could have been okay for K-1 if the guy didn't fly to the Philippines?
Yes spouse visa since consumated. Yes k1 if the guy did not meet her. It did not matter where, but it matters that it is after the proxy wedding. Meeting after the proxy wedding makes the k1 NOT the correct visa.
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U.S. Department of State Foreign Affairs Manual Volume 9 - Visas states:
9 FAM 40.1 N1.3 Proxy Marriage
9 FAM 40.1 N1.3-1 Consummated
(CT:VISA-1000; 09-03-2008)
For the purpose of issuing an immigrant visa (IV) to a “spouse”, a proxy
marriage that has been subsequently consummated is deemed to have been
valid as of the date of the proxy ceremony. Proxy marriages consummated
prior to the proxy ceremony cannot serves as a basis for the valid marriage
for immigration purposes.
9 FAM 40.1 N1.3-2 Unconsummated
(CT:VISA-1165; 03-06-2009)
A proxy marriage, that has not been subsequently consummated, does not
create or confer the status of “spouse” for immigration purposes pursuant to
INA 101(a)(35). A party to an unconsummated proxy marriage may be
processed as a nonimmigrant fiancé(e). A proxy marriage celebrated in a
jurisdiction recognizing such marriage is generally considered to be valid,
thus, an actual marriage in the United States is not necessary if such alien is
admitted to the United States under INA provisions other than as a spouse.
(See 9 FAM 41.81 N1.1.)
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Why is that so? The guy is the one that flew in the Philippines to see her.
He needs to bring her to the USA on a cr1. USA law will accept a proxy wedding as valid, if valid in the location of the wedding. This true for everything but a visa. USA will not give spouse status for a visa until the couple meets in person. Once they meet in person the wedding is valid by USA law for the visa. It does not matter who flew where. It only matters that the couple are together.
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do u think it wouldnt caused by denying my k1 visa if i told them that were married and im on the k1 visa?Does the USCIS make a mistake by tellin my husband that k1 visa is the good one for me,since were married through double proxy and we already consumated it and im pregnant right now.,or should i say tht im not married bcos he admit already that he wasnt married and were planning for our marriage after my 90 days arrival in States if ever they give me a US VISA.. any answer would be appreciated.,
You should not lie to them. You are married. It is a USA wedding from the state of Montana. Had you not consumated the wedding you would use a k1, but even then you would still file as married. It is not seen as valid for spouse visa until consumated. Your wedding is consumated. You need to come to the USA on a normal visa for a spouse. You will need show proof of being together after wedding. Other wise all paper work is the same as a normal wedding.
I married by proxy and brought my wife to the USA. We had to use K1 because we had not consumated the wedding. We had to file all papers as stating we are married, but on the k1. However your meeting in person after the wedding makes the k1 the wrong form to file.
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You can not file for a k1. Your proxy wedding was a consumated. A k1 will be turned down. Had you not seen each other after the proxy wedding, you would need to do the k1. If he filed the k1, he needs to refile. Remember to bring to the interview proof of having seen each other after the wedding.
Congradulations!
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Yes, the visa was issue in late Sept. Thank you.
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This is not a good idea, lose lose situation. get married apply marriage like your supposed to.
The friend married by proxy. They are married. So they either do a k1 or consumate the wedding then do a c1.
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Hobbit hit the nail right on the head. A proxy marriage is legal, I know Texas and a few other states recognize them, but FOR IMMIGRATION PURPOSES a proxy marriage is not recognized unless it has been consummated. Filing for a K-1 is the proper way to do it but expect a lot of trouble along the way. Right a clear letter explaining the situation and provide it along with copies of the proxy marriage paperwork, maybe highlighting the words relevant to proxy.
I have read here of people who were denied fiance visas because the consulate believed they were actually married so anticipate and prepare for this.
Our troubles were at the adjustment interview. The man did not believe that Texas did proxy weddings! Our papers were approved once he understood that Texas really did such weddings. He also read the information from the state department manual. No one in the Columbus office had ever heard of a Texas proxy wedding nor handled a K1 proxy wedding. So they were not pleased to be learning about it. However, we gave them every need document, and even the needed references from the government sources. So it was a few minutes of problems.
The Moscow Embassy saw the statments of it not being consummated, and the pages from the State Department manual. That interview was very short and easy.
If you give them everything so they do not need to put down their coffee cup, they are really not hard to deal with on this type wedding. The main issue is they do not see it every day and need to have the process handed them.
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Her visa was issued on September 14 by US Embassy, Moscow! Thank you for your help. Our family is very happy today.
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If the money was earned before you moved to the USA, you only will need to pay tax on the interest. Moving the money in small amounts will make it look like you are trying to hide something.
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Proxy Marriages are still considered legal, you paid someone to stand in for you. She is married and therefore should not file for K-1. If nothing else that is why the military accepted the certificate and updated DEERS. If the Army does anything correctly is annotate who is entitled to Government benefits to include monies Soldiers get when they claim being married.
This is a advice from a 22 year Army veteran that was AG (Adjutant General Corps for 13 years).
They are claiming married for a reason, file the CR1.
Major, U.S. Army Retired
You are not correct for an unconsumated proxy wedding. The military accepts the wedding, as do all parts of the government but not for immigration. So they need to file a k1 and list married. See my above post for the information from the state department manual on how to handle this type wedding.
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I do not read the forums much. If you want additional help or have questions send me a message.
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You file a k1 and list married. You are married, but need to use the k1.
Here is what I used in the process:
The cover letter for the I-129f should add the following:
I have entered into a proxy marriage which has not yet been consummated. For this reason, pursuant to USCIS requirements, I am applying for a K-1 visa, and not a K-3 visa. Thank you for your attention to this item.
====================================================================
Used in place of Statement of intent to marry with the K-1.
Statement of My Intent to Consummate Proxy Marriage
I, _______________________________________________, hereby affirm my intent to consummate my proxy marriage to _______________________________________________, my spouse, solemnized on_____________________.
I intend to consummate our marriage within 90 days of the admission, to the United States of America, of myself/my spouse, specifically named here: _______________________________________________.
My Address is:
My Telephone Number is:
Signed this _______ day of ______________________, 20_________
X____________________________________________________
==================================================================================
Cover note for Embassy forms and support documents
Note Regarding Proxy Marriage
PLEASE NOTE:
I, the applicant, have entered into a proxy marriage which has not yet been consummated. For this reason, pursuant to USCIS requirements, I am applying for a K-1 visa, and not a K-3 visa.
Thank you for your attention to this item.
Sincerely,
X_______________________________________
0
U.S. Department of State Foreign Affairs Manual Volume 9 - Visas states:
9 FAM 40.1 N1.3 Proxy Marriage
9 FAM 40.1 N1.3-1 Consummated
(CT:VISA-1000; 09-03-2008)
For the purpose of issuing an immigrant visa (IV) to a spouse, a proxy
marriage that has been subsequently consummated is deemed to have been
valid as of the date of the proxy ceremony. Proxy marriages consummated
prior to the proxy ceremony cannot serves as a basis for the valid marriage
for immigration purposes.
9 FAM 40.1 N1.3-2 Unconsummated
(CT:VISA-1165; 03-06-2009)
A proxy marriage, that has not been subsequently consummated, does not
create or confer the status of spouse for immigration purposes pursuant to
INA 101(a)(35). A party to an unconsummated proxy marriage may be
processed as a nonimmigrant fiancé(e). A proxy marriage celebrated in a
jurisdiction recognizing such marriage is generally considered to be valid,
thus, an actual marriage in the United States is not necessary if such alien is
admitted to the United States under INA provisions other than as a spouse.
(See 9 FAM 41.81 N1.1.)
http://www.state.gov...ation/86920.pdf
9 FAM 41.31 N14.2 Proxy Marriage
(CT:VISA-701; 02-15-2005)
A spouse married by proxy to an alien in the United States in a
nonimmigrant status may be issued a visitor visa in order to join the spouse
already in the United States. Upon arrival in the United States, the joining
spouse must apply to the DHS for permission to change to the appropriate
derivative nonimmigrant status after consummation of the marriage.
http://www.state.gov...ation/87206.pdf
http://www.state.gov/documents/organization/87206.pdf
If the proxy marriage (unconsummated) does not confered by Immigration the status of spouse, then you can not apply for a CR-1. The immigrating spouse need be processed as a nonimmigrant fiancee (K-1). The couple are legally married at the time of the proxy wedding. They need to comsummate the marriage within 90 days after POE. If marriage is consummated before POE, cr1 is used because status of spouse is confered.
Put these papers with the k1 forms and the adjustment filing. You also should bring to all interviews and give to the person before the interview starts.
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If an American marries girl in Philippines is he married in USA legally? And if u are why can u not claim as being married for things like tax purposes? All very confusing for me. I have been told u have to divorce the girl here but u will still be married in the Philippines. Anyone know about this?..Thanks
If you are legally married, you MUST fill tax returns in the USA as join, married filing separate, or if not living together the last full 6 months of the year you might be able to file as head of household. With her and the child living in the Philippines, you will not get the same tax breaks as a couple living together in the USA. If you have filed tax returns for any year you are married as being single you will need to file an amendment to correct the return.
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Where do I find this set of forms and the steps for a follow-to-join using them?
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I-824 is not the right form. You need to go directly to the consulate with the same forms (DS) as P-3 for your now wife.
My wife is in the USA and her daughter is in Russia. The P-3 is foreign nationals to enter into the U.S. to perform, teach or coach as artists or entertainers. Why would she use a P-3 for a following-to-join?
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My wife has her green card. We are filing in an I824 to bring her daughter here. On part 3 it asks for "information about the original petition or application." Are they meaning the I-485 Adjustment or the I-129f? We are not sure which they want.
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My wife has her green card. We are filing in an I824 to bring her daughter here. On part 3 it asks for "information about the original petition or application." Are they meaning the I-485 Adjustment or the I-129f? We are not sure which they want.
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I forgot add the following: the interview needs to happen in the country of the wedding. If the wedding is a USA proxy wedding, the interview is in the country where she lives.
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That's what I was thinking. But wanted to know what other people think about it.
I just don't understand how the firms that advertise proxy marriages suggest
to get proxy married and use marriage license in K-1 visa application process
to show seriousness of the intent.
At the k1 interview in Moscow, it did show very serious intent. They did not look at the emails, phone record or photographs. They saw the marriage license and supporting papers for the marriage. They checked the support papers. Ask her a few simple questions and told her approved.
You are either married or you are not. You can not be a little bit married for one purpose and not others. It's like being a little bit pregnant. There's no shade of gray when it comes to being married.
In order to qualify for the K1 visa, the beneficiary MUST NOT BE MARRIED AND BE FREE TO MARRY. Your wife would not be free to marry, so she cannot qualify for the K1 visa.
You are not giving correct information.
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We did a proxy wedding as we waited for the k1. If you need help with process we will be happy to help with some suggestions.
The K-1 forms and information on the site do not cover the unconsummated proxy wedding. I suggest the following information be added.
=================================================
The cover letter for the I-129f should add the following:
I have entered into a proxy marriage which has not yet been consummated. For this reason, pursuant to USCIS requirements, I am applying for a K-1 visa, and not a K-3 visa. Thank you for your attention to this item.
====================================================================
Used in place of Statement of intent to marry with the K-1.
Statement of My Intent to Consummate Proxy Marriage
I, _______________________________________________, hereby affirm my intent to consummate my proxy marriage to _______________________________________________, my spouse, solemnized on_____________________.
I intend to consummate our marriage within 90 days of the admission, to the United States of America, of myself/my spouse, specifically named here: _______________________________________________.
My Address is:
My Telephone Number is:
Signed this _______ day of ______________________, 20_________
X____________________________________________________
==================================================================================
Cover note for Embassy forms and support documents
Note Regarding Proxy Marriage
PLEASE NOTE:
I, the applicant, have entered into a proxy marriage which has not yet been consummated. For this reason, pursuant to USCIS requirements, I am applying for a K-1 visa, and not a K-3 visa.
Thank you for your attention to this item.
Sincerely,
X_______________________________________
In all dealing with the government always give them a copy of the above and ALWAYS GIVE THEM A COPY OF THE FOLLOWING:
U.S. Department of State Foreign Affairs Manual Volume 9 - Visas states:
9 FAM 40.1 N1.3 Proxy Marriage
9 FAM 40.1 N1.3-1 Consummated
(CT:VISA-1000; 09-03-2008)
For the purpose of issuing an immigrant visa (IV) to a “spouse”, a proxy
marriage that has been subsequently consummated is deemed to have been
valid as of the date of the proxy ceremony. Proxy marriages consummated
prior to the proxy ceremony cannot serves as a basis for the valid marriage
for immigration purposes.
9 FAM 40.1 N1.3-2 Unconsummated
(CT:VISA-1165; 03-06-2009)
A proxy marriage, that has not been subsequently consummated, does not
create or confer the status of “spouse” for immigration purposes pursuant to
INA 101(a)(35). A party to an unconsummated proxy marriage may be
processed as a nonimmigrant fiancé(e). A proxy marriage celebrated in a
jurisdiction recognizing such marriage is generally considered to be valid,
thus, an actual marriage in the United States is not necessary if such alien is
admitted to the United States under INA provisions other than as a spouse.
(See 9 FAM 41.81 N1.1.)
http://www.state.gov...ation/86920.pdf
9 FAM 41.31 N14.2 Proxy Marriage
(CT:VISA-701; 02-15-2005)
A spouse married by proxy to an alien in the United States in a
nonimmigrant status may be issued a visitor visa in order to join the spouse
already in the United States. Upon arrival in the United States, the joining
spouse must apply to the DHS for permission to change to the appropriate
derivative nonimmigrant status after consummation of the marriage.
http://www.state.gov...ation/87206.pdf
=============================================
If the proxy marriage (unconsummated) does not confered by Immigration the status of spouse, then you can not apply for a K-2/CR-1. The immigrating spouse need be processed as a nonimmigrant fiancee (K-1). The couple are legally married at the time of the proxy wedding. They need to comsummate the marriage within 90 days after POE. If marriage is consummated before POE, cr1/k-3 is used because status of spouse is confered.
You will also need to bring the details to the adjustment of status interview. Save every paper from the wedding and bring to the interview. The Columbus Oh office did not believe a Texas wedding was even legal if done as a proxy. They also needed to be given a copy of the U.S. Department of State Foreign Affairs Manual Volume 9 information of the proxy weddings with link to offical government website.
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we have no hand with flame..
and from above : U.S.Citizenship and Immigration Services
The hand with flame does not always show in a copy. I did copies to store in an other location in case of fire. The black and white copy made at work did not show the hand and flame. If the copy is not placed careful in the machine, the top line can read what yours does.
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My NOA1 did not look like this one. This is any older version.
double proxy marriage
in K-1 Fiance(e) Visa Process & Procedures
Posted
A USA proxy is valid in all states, however there is some issue in Kansas, that can cause some problems. Most states do not do such weddings, but accept as valid from a state that does proxy wedding.
The main issue with a none USA proxy wedding is the embassy interview needs to be in the county of the wedding. If the spouse is not from the country doing the proxy wedding, you can end up with issue of added travel. However if you live together and you are bringing the spouse here with you. It is not an issue.